Terms of Use

Website Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into between you and Lift 365 Fitness LLC (the “Company,” “we,” or “us”). The following terms and any documents they reference govern your access to and use of www.lift365fitness.com, including any content, functionality, and services offered on or through www.lift365fitness.com (the “Website”), whether as a guest or a registered user.

Please read the terms of use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the terms of use when this option is made available to you, you accept and agree to be bound and abide by these terms of use. If you do not want to agree to these terms of use, you must not access or use the Website.

These terms of use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you state that you are of legal age to form a binding contract with the Company and meet all the preceding eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these terms of use on one or more occasions. All changes are effective immediately when we post them and apply to all access to and use of the Website afterward. But any changes to the dispute resolution provisions set out in Resolving Disputes will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website after the posting of revised terms of use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We may withdraw or amend this Website and any service or material we provide on the Website without notice. We will not be liable if for any reason any part of the Website is unavailable at any time or for any period. On one or more occasions, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.

• Ensuring that all persons who access the Website through your internet connection are aware of these terms of use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is accurate. You acknowledge that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take regarding your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you, and you must not provide any other person with access to this Website or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other security breach. You also must ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of these terms of use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These terms of use allow you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.

• If we provide social media features with certain content, you may take those actions as are enabled by those features.

You must not:

• Modify copies of any materials from this site.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than set out in this section, please address your request to contact@lift365fitness.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the terms of use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Website or any content on the Website is transferred to you, and the Company reserves all rights not granted in these terms of use. Any use of the Website not permitted by these terms of use is a breach of these terms of use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms LIFT 365 FITNESS, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these terms of use. You must not use the Website:

• In any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or try to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the preceding).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that, as determined by us, might harm the Company or users of the Website, or expose them to liability.

Additionally, you must not:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

• Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website. This includes using (or permitting, authorizing, or attempting to use) (1) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Website or any data, content, information, or services accessed through the Website, or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations.

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not authorized in these terms of use, without our prior written consent.

• Use any device, software, or routine that interferes with the Website’s proper working.

• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

• Attack the Website by a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise try to interfere with the Website’s proper working.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We are not making any statement about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We will not be liable for any reliance placed on those materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Company’s opinion. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website on one or more occasions, but its content is not necessarily complete or up-to-date. Any material on the Website might be out of date at any given time, and we are not required to update that material.

For up-to-the-minute information on class changes, contact information, and any other information regarding Lift 365 Fitness locations, its operations, programs, and offers, please contact a Lift 365 Fitness location or the corporate contact information provided on this Website.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us regarding your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.

• Send emails or other communications with certain content, or links to certain content, on this Website.

• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely regarding the content they are displayed with, and otherwise in accordance with any additional terms we provide regarding those features. Subject to the preceding, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the Website other than the homepage.

• Otherwise take any action regarding the materials on this Website that is inconsistent with any other provision of these terms of use.

You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.

We may disable all or any social media features and any links without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms for those websites.

Geographic Restrictions

The Website’s owner is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Warranty Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided “as is” and “as available,” without any warranties, either express or implied. Neither the Company nor any person associated with the Company is making any warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the preceding, neither the Company nor anyone associated with the Company states that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

The Company is not making any warranty, whether express or implied, statutory, or otherwise, including but not limited to any warranty of merchantability, noninfringement, and fitness for a particular purpose.

The preceding does not affect any warranties that cannot be excluded or limited under law.

Limitation on Liability

To the extent provided by law, in no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for any damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or those other websites, or any services or items obtained through the Website or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The preceding does not affect any liability that cannot be excluded or limited under law.

Indemnification

You shall indemnify the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms of use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these terms of use, or your use of any information obtained from the Website.

Resolving Disputes

Governing Law

Florida law governs all adversarial proceedings arising out of this agreement or the Website.

Equitable Remedies

Each party acknowledges that (1) breach by either party of that party’s obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

Arbitration and Class Action Waiver

Mandatory Arbitration

You and we are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration.

Arbitration Forum

As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the Website (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under the Equitable Remedies provision), a party may demand that the dispute be resolved by arbitration administered by National Arbitration and Mediation (“NAM”) in accordance with its Comprehensive Dispute Resolution Rules and Procedures and, if applicable, Supplemental Rules for Mass Arbitration Filings, which are available at https://www.namadr.com/resources/rules-fees-forms/. Judgment on any award rendered in any arbitration may be entered in any court having jurisdiction. The activities described in these terms of use involve interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision and any arbitration.

Arbitration Procedure

Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator.

Any arbitration begun in accordance with this arbitration provision must be conducted virtually using Zoom or a virtual meeting platform that provides similar functionality. If virtual arbitration is not possible due to technical issues, because the arbitrator is unwilling or unable to attend the arbitration virtually, or for one or more other compelling reasons, the arbitration must be conducted in Oviedo, Florida, or any other place mutually agreed on by the parties.

The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the arbitration provision, except that the state or federal courts of Seminole County, Florida, have the authority to determine any dispute about enforceability or validity of the class action waiver.

Small Claims Exception

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The small-claims court proceeding will be limited solely to your individual dispute or controversy.

Class and Jury Trial Waivers

The parties intend to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding. The arbitrator must not consolidate more than one person’s claims and must not otherwise preside over any form of a representative or class proceeding. Only individual relief is available. The parties shall sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and we knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch Arbitration

If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and we agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining portions of the arbitration agreement will remain in force.

Jurisdiction

If either party brings a proceeding seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under the Equitable Remedies provision, that party may bring that proceeding only in the United States District Court for the Middle District of Florida or, only if there is no federal subject matter jurisdiction, in a state court of Florida sitting in Seminole County.

Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.

Recovering Expenses

In an adversarial proceeding between the parties arising out of this agreement or the Website, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

Time Limit to File Claims

Apart from proceedings arising from a claim for indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or access or use of the Website more than one year after the date that dispute arose.

Waiver and Severability

No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.

If any provision of these terms of use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of the terms of use will continue in full effect.

Entire Agreement

These terms of use constitute the entire understanding between the parties regarding the Website. You acknowledge that because you have not relied on, and will not be relying on, any statements made by the Company regarding the Website, you will have no basis for bringing any claim for fraud in connection with any such statements.

Feedback

We welcome your feedback regarding this Website and our club locations. However, any comments, feedback, suggestions, ideas, messages, or other communications you provide (collectively, “Feedback”) through this Website or otherwise will be deemed non-confidential and will become the sole property of Lift 365 Fitness.

By submitting Feedback, you hereby assign Lift 365 Fitness all interest in any copyrights, patents, trademarks, trade secrets, and other intellectual property or proprietary rights associated with your Feedback. Lift 365 Fitness will have the unrestricted right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Please ensure that you do not submit any Feedback that you wish to retain ownership of or consider confidential. Additionally, we ask that you avoid submitting original creative materials, such as product ideas, computer code, artwork, or other proprietary content, as part of your Feedback.

Your Comments and Concerns

This Website is operated by Lift 365 Fitness LLC, 1173 Oviedo Mall Boulevard, Oviedo, Florida 32765.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: contact@lift365fitness.com.