Collection of Visitor Information
All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of Anytime Fitness or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of Anytime Fitness and protected by U.S. and international copyright laws. Anytime Fitness grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, noncommercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of Anytime Fitness and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the Trademark owner. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.
Other Intellectual Property
All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Anytime Fitness. Any use of these rights without the prior written permission of Anytime Fitness is strictly prohibited.
Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Anytime Fitness reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Anytime Fitness discovers price errors, they will be corrected on Anytime Fitness’s systems, and the corrected price will apply to your order.
Disclaimer of Warranties
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL EITHER ANYTIME FITNESS OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE SERVICES AVAILABLE THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Under no circumstances whatsoever shall Anytime Fitness’s aggregate liability resulting from or relating to your use of the Sites exceed Five Dollars ($5.00).
Prohibited Activities & Visitor Obligations
As a visitor or user of the Sites you shall not:
- violate any applicable law or regulation;
- upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
- impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- engage in any activities or manipulate identifying material to misrepresent the origin of content;
- Post any content that is subject to any disclosure restrictions;
- Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
- Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
- Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- interfere with or otherwise limit the use of the Sites by other users; or collect, compile, or store personal information about other users of the Sites;
- disrupt or interfere with the operation of the Sites by overloading or exceeding the capacity of the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;
- disrupt or interfere with the security of, or otherwise cause harm to, the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;
- use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Sites or the content contained therein without Anytime Fitness’s prior, express, and written permission; or
- use the Sites for commercial purposes.
Links to Other Web Sites
If you are a registered user of any of the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Anytime Fitness reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
You authorize Anytime Fitness and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Anytime Fitness are nonrefundable, yes.
Fitness Club Owners, Employees, Trainers or Other Contractors
You are responsible for compliance with applicable laws.
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Anytime Fitness or a third party provider on the Sites, by a Post or otherwise (collectively, “Submissions”), shall become Anytime Fitness’s property; and you hereby transfer, sell, and assign to Anytime Fitness all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Anytime Fitness has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Anytime Fitness shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
Official Rules — Anytime Fitness® Member Success Stories
These Official Rules for voting on the Anytime Fitness® Member Success Story Finalists (the “poll”) are subject to change at any time at the sole discretion of Anytime Fitness, LLC (“Sponsor”). Void where prohibited.
Who Can Vote
To vote you must be at least 18 years old as of the date of voting and a legal resident of the United States or Canada.
How to Vote
Voting is simple and easy. To vote for your favorite Member Success Story Finalist who you think deserves to attend the Anytime Fitness Annual Conference, go to www.anytimefitness.com/vote-member-success, follow the links and click on the Member Success Story Finalist that you choose and follow the instructions to complete your vote. One (1) vote per person. No purchase necessary to vote.
The Member Success Story Finalist who receives the most votes during the Voting Period (defined below), as determined by Sponsor in its sole discretion, will be named the Winner. In the event of a tie, Sponsor will choose the winner who achieved a higher ranking under the criteria used to select the Finalists. Voting will be conducted pursuant to these rules and any such other rules and procedures as Sponsor may from time to time designate. No personal information will be collected from voters based on participation in this poll.
June 18, 2018 at 9:00 AM Central Time – June 25, 2018 at 9:00 AM Central Time.
Consent and Release
By voting, each voter releases, discharges and holds harmless Sponsor and its affiliated companies, and any other party associated with the development, communication or administration of this poll, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this poll, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light).
Sponsor Entities, Facebook®, Inc., their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the poll, and each of their respective directors, officers, employees and assigns (collectively the “Released Parties”) are not responsible for any computer, network, technical, electronic, human or other errors or problems of any kind, for any injury or damage to participants or to any person’s computer or mobile phone relating to or resulting from voting or downloading materials or software in connection with the voting, or for votes that are stolen, misdirected, garbled, delayed, lost, or late. By participating, each voter agrees to release and hold the Released Parties harmless against any and all claims and liability of any kind arising in whole or in part, directly or indirectly, out of their participation in the voting.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook®.
By voting, you confirm that you have read, understand, and agree to abide by these Official Rules and the decisions of Sponsor, which are final and binding. Sponsor Entities are not responsible for votes that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor Entities’ servers or elsewhere.
Sponsor, in its sole discretion, reserves the right to disqualify any votes it believes violate these rules.
Sponsor, in its sole discretion, reserves the right to disqualify any business or person tampering with the voting process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the poll. Use of bots or other automated process to vote is prohibited and may result in disqualification at the sole discretion of Sponsor. Offering potential voters a tangible reward or incentive for voting (e.g., buying votes, offering services or discounts in exchange for votes, providing entry into a sweepstakes for votes) is prohibited.
Sponsor reserves the right to cancel, terminate or modify the poll if it is not capable of completion as planned for any reason as determined by Sponsor in its sole discretion, including, for example, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort.
Sponsor Entities are not responsible for errors in the administration or fulfillment of this poll, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this promotion based upon such error at its sole discretion without liability.
SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS POLL.
CAUTION: ANY ATTEMPT BY AN VOTER TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS POLL MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH VOTER TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Applicable Laws and Jurisdiction
This poll is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Rules shall be governed by the laws of the State of Minnesota without regard to any principles of conflict of laws. All disputes arising out of or connected with this poll will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Washington County, Minnesota. Should there be a conflict between the laws of the State of Minnesota and any other laws, the conflict will be resolved in favor of the laws of the State of Minnesota. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this poll and shall not include any indirect, punitive, incidental and/or consequential damages.