Terms of Service
The following sets forth the terms of use (also known as the “Terms”) for this Web site, which is operated by Elevate Athletic Club and supersedes any previous statement of such policies. Throughout these Terms, the word “Site” is used to refer to this Web site. By accessing and/or using the Site, you are consenting to these Terms. Elevate Athletic Club may modify, alter or update these Terms at any time without prior notice, and your subsequent use of the Site shall constitute your consent to the modification, alteration or update. If you do not agree to these terms, do not use this Site. If you are interested in Elevate Athletic Club’s information collection and use practices, please refer to Elevate Athletic Club’s privacy policy.
Permitted Use Of The Site Content
This Site is provided on an “as is” basis by Elevate Athletic Club for the convenience of its customers and users, and the Site and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights in or related to the Site are the sole property of Elevate Athletic Club. The Site is intended for use by persons 18 years of age or older. You are permitted to access the Site and the content provided by Elevate Athletic Club (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) (collectively, “Content”) solely for the purpose of utilizing the Site, receiving information about Elevate Athletic Club’s business and products, communicating with Elevate Athletic Club, or otherwise as stated on the Site.
Elevate Athletic Club hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Content solely for the purpose of operating the Site.
You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content’s owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from Elevate Athletic Club. All copyrights, trademarks, patents, trade secrets and other proprietary rights displayed on or contained within the Site are the sole property of Elevate Athletic Club and/or its licensors, each of whom reserves all rights with regard to such materials.
You hereby grant Elevate Athletic Club a worldwide, perpetual, non-exclusive, transferable, fully paid-up license to use, copy, perform, or revise any content provided by you to Elevate Athletic Club via the Site (which is referred to in these Terms as “User Content”). In connection with such User Content, you warrant and represent to Elevate Athletic Club that you have all rights, title and interests necessary to provide such User Content to Elevate Athletic Club, and that your provision of the User Content to Elevate Athletic Club shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
Disclaimers
Elevate Athletic Club MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, ITS OPERATION, OR YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Elevate Athletic Club makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site, the Internet, or other technology utilized to present, access or utilize the Site, nor does it warrant that the Site shall be free of computer viruses or other malicious content. Elevate Athletic Club reserves the right to modify, suspend or discontinue the offering of the Site at any time for any reason without prior notice. Further, while Elevate Athletic Club utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site.
IN NO EVENT SHALL Elevate Athletic Club BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS OR THE SITE, EVEN IF Elevate Athletic Club HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL Elevate Athletic Club’S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO APG IN CONNECTION WITH THE SITE.
Elevate Athletic Club may provide links to third party Web sites from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by Elevate Athletic Club of such sites or an affiliation between Elevate Athletic Club and the owners of such sites, nor shall Elevate Athletic Club be liable for the contents of such sites. Elevate Athletic Club will also not be liable for any errors in such links, or for any malfunction of such links.
To the extent that Elevate Athletic Club shall offer any sweepstakes or other prize promotions (“Promotions”) via the Site, such Promotions shall be subject to the rules published with the Promotions, which will be in addition to these Terms. Similarly, to the extent that Elevate Athletic Club may provide you with an opportunity to obtain software or other proprietary content owned by Elevate Athletic Club or a third party, such content may be subject to its own license agreement, in addition to these Terms.
Indemnification
By using this Site, you agree to indemnify and hold harmless Elevate Athletic Club, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you or an account or computer owned by you of the Site or the Content or your provision of User Content to Elevate Athletic Club.
Governing Law Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site shall be the state and federal courts located in New York City, New York. In the event that any of the provisions herein are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect.
Other Provisions The provisions regarding ownership, disclaimers, indemnification, governing law and forum set forth above will survive any termination of these Terms. All notices to Elevate Athletic Club in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received. Elevate Athletic Club may from time to time revise these terms and conditions by updating this posting. Please visit this page periodically to review the current terms and conditions because they are binding on you.
Permitted Use Of The Site Content
This Site is provided on an “as is” basis by Elevate Athletic Club for the convenience of its customers and users, and the Site and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights in or related to the Site are the sole property of Elevate Athletic Club. The Site is intended for use by persons 18 years of age or older. You are permitted to access the Site and the content provided by Elevate Athletic Club (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) (collectively, “Content”) solely for the purpose of utilizing the Site, receiving information about Elevate Athletic Club’s business and products, communicating with Elevate Athletic Club, or otherwise as stated on the Site.
Elevate Athletic Club hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Content solely for the purpose of operating the Site.
You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content’s owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from Elevate Athletic Club. All copyrights, trademarks, patents, trade secrets and other proprietary rights displayed on or contained within the Site are the sole property of Elevate Athletic Club and/or its licensors, each of whom reserves all rights with regard to such materials.
You hereby grant Elevate Athletic Club a worldwide, perpetual, non-exclusive, transferable, fully paid-up license to use, copy, perform, or revise any content provided by you to Elevate Athletic Club via the Site (which is referred to in these Terms as “User Content”). In connection with such User Content, you warrant and represent to Elevate Athletic Club that you have all rights, title and interests necessary to provide such User Content to Elevate Athletic Club, and that your provision of the User Content to Elevate Athletic Club shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
Disclaimers
Elevate Athletic Club MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, ITS OPERATION, OR YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Elevate Athletic Club makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site, the Internet, or other technology utilized to present, access or utilize the Site, nor does it warrant that the Site shall be free of computer viruses or other malicious content. Elevate Athletic Club reserves the right to modify, suspend or discontinue the offering of the Site at any time for any reason without prior notice. Further, while Elevate Athletic Club utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site.
IN NO EVENT SHALL Elevate Athletic Club BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS OR THE SITE, EVEN IF Elevate Athletic Club HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL Elevate Athletic Club’S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO APG IN CONNECTION WITH THE SITE.
Elevate Athletic Club may provide links to third party Web sites from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by Elevate Athletic Club of such sites or an affiliation between Elevate Athletic Club and the owners of such sites, nor shall Elevate Athletic Club be liable for the contents of such sites. Elevate Athletic Club will also not be liable for any errors in such links, or for any malfunction of such links.
To the extent that Elevate Athletic Club shall offer any sweepstakes or other prize promotions (“Promotions”) via the Site, such Promotions shall be subject to the rules published with the Promotions, which will be in addition to these Terms. Similarly, to the extent that Elevate Athletic Club may provide you with an opportunity to obtain software or other proprietary content owned by Elevate Athletic Club or a third party, such content may be subject to its own license agreement, in addition to these Terms.
Indemnification
By using this Site, you agree to indemnify and hold harmless Elevate Athletic Club, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you or an account or computer owned by you of the Site or the Content or your provision of User Content to Elevate Athletic Club.
Governing Law Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site shall be the state and federal courts located in New York City, New York. In the event that any of the provisions herein are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect.
Other Provisions The provisions regarding ownership, disclaimers, indemnification, governing law and forum set forth above will survive any termination of these Terms. All notices to Elevate Athletic Club in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received. Elevate Athletic Club may from time to time revise these terms and conditions by updating this posting. Please visit this page periodically to review the current terms and conditions because they are binding on you.