The Site is intended to be used solely by individuals over the age of 18.
OWNERSHIP OF CONTENT
Unless otherwise indicated, this Site and its design, text, content, selection, and arrangement of elements, organization, graphics, and the design, compilation, and other matters related to this Site (collectively, "Content") is protected under applicable intellectual property and other laws, including, without limitation, those of the United States and Canada. All Content and intellectual property rights therein are the property of STRUT FITNESS STUDIO, or the material is included with the rights owner's permission and is protected under applicable copyright and trademark laws. The posting of any Content on this Site does not constitute a waiver of any right in such Content. The reproduction, duplication, distribution (including by way of email or other electronic means), the publication (including posting on another website), modification, copying, or transmission of Content from this Site in any form or by any means is strictly prohibited without the express prior written consent of STRUT FITNESS STUDIO. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting STRUT FITNESS STUDIO. The Content may only be used for personal, non-commercial purposes.
STRUT FITNESS STUDIO grants you a personal, limited, non-exclusive, non-transferable license to access, view, and make personal and non-commercial use of this Site. You may not use this Site to gain unauthorized access to STRUT FITNESS STUDIO networks or computer systems or engage in any activity that disrupts or otherwise interferes or tampers with the Site (and associated servers or networks connected to the Site). You agree not to access the Site through any automated means (such as through the use of scripts or web crawlers, etc.).
STRUT FITNESS STUDIO logo and all page headers, custom graphics, button icons, trademarks, service marks, and logos appearing on this Site, unless otherwise noted, are service marks, trademarks (whether registered or not), and trade dress of STRUT FITNESS STUDIO (the "Marks"). You are not authorized to display or use the Marks in any manner without the express prior written consent of STRUT FITNESS STUDIO. The use or misuse of the Marks or other trademarks, names, logos, service marks, and trade dress, or any other materials contained herein, except as permitted herein, is expressly prohibited. All other product and company names and trademarks mentioned, displayed, cited, or otherwise indicated on the Site are the property of their respective owners.
ADDITIONAL TERMS, CONDITIONS, AND AGREEMENTS
Except for personally identifiable information such as names, addresses, and financial information, unsolicited information and Content submitted to this Site is assigned to STRUT FITNESS STUDIO free of charge, together with all worldwide rights, title, and interest in all copyrights and other intellectual property rights in such submission and STRUT FITNESS STUDIOand its affiliates and related entities may use, sublicense, adapt, distribute, publicly perform, publish, display or delete such submission at its sole discretion. In addition, by sending any unsolicited submission to STRUT FITNESS STUDIO, you waive the right to make any claim against STRUT FITNESS STUDIO, its parents, or affiliates related to the use of the submission.
ADVERTISING AND LINKS
With our prior written consent, you may create hyperlinks directly to this Site's home page or the home page of any of our clubs within this Site provided that:
the hyperlink accurately describes the Content as it appears on the Site;
each page within our Site is displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the applicable page within our Site; and
You do not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship, or support of this Site, STRUT FITNESS STUDIO, or its agents.
STRUT FITNESS STUDIO reserves the right to terminate your use of immediately, or access to, this Site at any time for any reason in its sole discretion. STRUT FITNESS STUDIO further reserves the right to modify or discontinue this Site or any portion thereof at any time without notice.
If you believe that any material in this Site infringes your copyright, you should notify STRUT FITNESS STUDIO of your copyright infringement claim following the following procedure. STRUT FITNESS STUDIO will process notices of alleged infringement, which it receives and will take appropriate action under the U.S. Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to STRUT FITNESS STUDIO by mail. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Site; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have 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; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are a user outside the United States and are not subject to the DMCA, you should notify STRUT FITNESS STUDIO of your copyright infringement claim in writing and following the above procedure and other applicable intellectual property laws including, but not limited to, the Canadian Copyright Act.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THIS SITE OR ITS CONTENTS, OR ANY SITE WITH WHICH IT IS LINKED, WHICH ARE EACH PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, CONCERNING THIS SITE, ITS CONTENTS, AND ANY SITE WITH WHICH THIS SITE MAY BE LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.
EXCLUSION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY CONTENT PROVIDED ON THE SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS. THE PRECEDING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY STRUT FITNESS STUDIO GROSS NEGLIGENCE, RECKLESSNESS, FRAUD, OR OTHER WILFUL, UNCONSCIONABLE, OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS' FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.
You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site. If you provide us any information through the Site, you agree to provide true, accurate, current, and complete information about yourself. You agree not to attempt to upload or transmit through the Site any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or system. Any unauthorized modification, tampering, change of any information, or any interference with the availability of or access to this Site is strictly prohibited. If you become aware of misuse of this Site by any person, please contact the Site Administrator at firstname.lastname@example.org with your concerns. STRUT FITNESS STUDIO reserves all rights and remedies available to it.
Except as explicitly stated otherwise, any notices shall be given by postal mail to STRUT FITNESS STUDIO by email at email@example.com. Information shall be deemed given 24 hours after the email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may notify you by certified mail, postage prepaid, and return receipt requested to the address you have provided to STRUT FITNESS STUDIO. In such case, notice shall be deemed given three days after the date of mailing.
CONTACTING STRUT FITNESS STUDIO
GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by and construed following U.S. Federal laws and the laws of the State of California, without giving effect to any principles of conflicts of law. For any claims not subject to mandatory arbitration under this Agreement, you agree to submit to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the State of California for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Disputes Involving U.S. Users – Mandatory Arbitration