JOURNEY FITNESS TERMS AND CONDITIONS OF USE OWNERSHIP
JOURNEY FITNESS reserves the right to modify or amend this Agreement without notice at any time. It is important that you read this page regularly to ensure you are current on information.
If you become aware of misuse of this Site by any person, please contact the Site Administrator at email@example.com. .
All materials contained in this Site are protected by U.S. and international trademark and copyright laws and must only be used for personal and non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches, or monitor any portion of the JOURNEY FITNESS website. The reproduction, duplication, distribution, publication, modification, copying or transmission of material from this Site is PROHIBITED unless you have obtained the prior written consent of JOURNEY FITNESS or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, all text, graphics, logos, photographs, audio or video materials available on this Site. The use of materials from this Site on any other web site or networked computer environment is prohibited.
JOURNEY FITNESS reserves the right to immediately terminate your use of, or access to, this Site at any time if JOURNEY FITNESS decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that JOURNEY FITNESS considers to be inappropriate or unacceptable.
If you believe that any material contained in this Site infringes your copyright, you should notify JOURNEY FITNESS of your copyright infringement claim in accordance with the following procedure. JOURNEY FITNESS will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is: Director of Legal Affairs, JOURNEY FITNESS, 10846 S Memorial Dr., Suite 103, Tulsa, OK 74133 or e-mail: firstname.lastname@example.org
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMER OF LIABILITY AND WARRANTIES
While JOURNEY FITNESS does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. To the maximum extent permitted by law, the Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that JOURNEY FITNESS does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that JOURNEY FITNESS is not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that JOURNEY FITNESS is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that JOURNEY FITNESS is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
You agree to defend, indemnify and hold harmless JOURNEY FITNESS, its parents and affiliates together with their respective franchisees, employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of the State of Oklahoma without giving effect to any principles of conflicts of law.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Journey Fitness Attn: Legal Department, 10846 S Memorial Dr. Ste 103 Tulsa, OK 74133 or to the email address you provide to Journey Fitness during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Journey Fitness during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and JOURNEY FITNESS, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. You and JOURNEY FITNESS agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with the provisions below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action. The arbitration shall be conducted in Tulsa County, Oklahoma, on a confidential basis pursuant to the Federal Arbitration Act. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. An award of arbitration may be confirmed in a court of competent jurisdiction. You agree that this Agreement and all incorporated agreements may be automatically assigned by JOURNEY FITNESS in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The services hereunder are offered by Journey Fitness, located at 10846 S Memorial Dr. Ste. 103, Tulsa, OK 74133. COPYRIGHTS (C) / TRADEMARKS (TM) (C) 2015 JOURNEY FITNESS. All trademarks are owned by JOURNEY FITNESS or are used under license. All rights reserved. All materials contained in JOURNEY FITNESS's web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.