| THIS IS A LEGAL AGREEMENT.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU
ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING
ITS TERMS.
1. Parties
The parties to this Agreement are you, a visitor to this web site
("You"), and the owner and operator of this web site:
LONGEVITY FITNESS CLUB & SPA. All references to "us",
"this web site" or "this site" shall be construed to
mean LONGEVITY FITNESS CLUB & SPA.
If the user is not an individual, then "You" means Your
company, its officers, members, agents, successors and assigns.
2. Assent To Terms of Use And
Amendment
LONGEVITY FITNESS CLUB & SPA grants a non-exclusive,
non-transferable, and revocable license to You and provides the services
available at this site to You subject to the following terms and
conditions. THESE TERMS AND CONDITIONS MAY BE AMENDED BY US FROM TIME TO
TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF
THE TERMS AND CONDITIONS AT ANY TIME AT THIS SITE. IN ADDITION, WHEN
USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE
POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR USE OF
THIS SITE AND YOUR RELATIONSHIP WITH LONGEVITY FITNESS CLUB & SPA
ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO
TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS
AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF
THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THE TERMS OF USE
AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE.
IF YOU DO NOT AGREE TO BE BOUND BY
THIS AGREEMENT, DO NOT USE THIS SITE.
3. Entire Agreement
This Terms of Use Agreement will be expressly incorporated by reference
in each and every agreement between You and LONGEVITY FITNESS CLUB &
SPA, and except for any separate agreement for service, this terms of
use agreement, with respect to the subjects addressed herein,
constitutes the entire agreement between the parties with respect to
those subjects. Except for any separate agreement for service, You
acknowledge that neither LONGEVITY FITNESS CLUB & SPA nor anyone on
LONGEVITY FITNESS CLUB & SPA'S behalf has made any representations,
inducements, promises or agreements, orally or otherwise, to You
relating to the subjects addressed by this terms of use agreement that
are not embodied herein.
4. Prohibited Conduct
You agree (i) not to use this site to distribute in any way files that
contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer; (ii) not
to interfere or disrupt this site or any networks connected to this
site; (iii) not to use any device, software or routine or attempt to
interfere with the proper functioning of this site or any transactions
being offered at this site; (iv) not to take any action that imposes an
unreasonable or disproportionately large load on LONGEVITY FITNESS CLUB
& SPA's infrastructure; (v) not to use this site to collect or
harvest personal information, including, without limitation, financial
information, about other participants at this site; and (vi) not to
impersonate any person or entity or falsely state or otherwise
misrepresent Your affiliation with a person or entity. You agree not to
use the services or products available at this site for illegal
purposes, and to comply with all regulations, policies and procedures of
networks connected to this site.
5. Compliance with Laws
You shall comply with all applicable laws and regulations of the United
States and foreign authorities (including but not limited to credit card
transactions) relating to any service or product associated with this
site.
6. Registration Data And Privacy
Registration may be required for you to access information on this site,
or for your participation in certain services offered at this site. You
must provide certain current, complete, and accurate information about
You as prompted to do so by the registration form ("Registration
Data"), and maintain and update such registration information as
required to keep such information current, complete and accurate. You
warrant that your Registration Data is accurate and current, and that
You are authorized to provide such Registration Data. You authorize us
to verify your Registration Data at any time. If any Registration Data
that You provide is untrue, inaccurate, not current or incomplete,
LONGEVITY FITNESS CLUB & SPA retains the right, in its sole
discretion, to suspend or terminate rights to use the services.
Registration Data and certain other information about You is subject to
our Privacy Policy which may be accessed from the longevityclubs.com
home page. Solely to enable LONGEVITY FITNESS CLUB & SPA to use
information You supply us internally, so that we are not violating any
rights You might have in that information, You grant to LONGEVITY
FITNESS CLUB & SPA a nonexclusive license to (i) convert such
information into digital format such that it can be read, utilized and
displayed by LONGEVITY FITNESS CLUB & SPA's computers or any other
technology currently in existence or hereafter developed capable of
utilizing digital information, and (ii) combine the information with
other content provided by LONGEVITY FITNESS CLUB & SPA, in each case
by any method or means or in any medium whether now known or hereafter
devised.
7. Registration By Children Under
The Age of 13 Is Not Permitted
REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 13. IF A USER
UNDER THE AGE OF 13 ATTEMPTS TO REGISTER WITH LONGEVITY FITNESS CLUB
& SPA, WE SHALL NOTIFY THE USER THAT HE OR SHE IS NOT ELIGIBLE, AND
WE SHALL NOT COLLECT OR USE ANY PERSONAL INFORMATION FROM SUCH CHILD.
8. Copyrights
The copyright in all material provided on this site is owned or licensed
to LONGEVITY FITNESS CLUB & SPA. You acknowledge and agree that this
site contains proprietary information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that information presented to You through this site, including text,
graphics, logos, icons, images and software, and the arrangement and
compilation of such content, are the property of LONGEVITY FITNESS CLUB
& SPA or its content suppliers and is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
LONGEVITY FITNESS CLUB & SPA does not grant any license or
authorization to any user of its copyrightable material or other
intellectual property, by placing them on this site. Furthermore, except
as stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
written permission of LONGEVITY FITNESS CLUB & SPA or the copyright
owner. However, You may print a copy of the information on this site for
Your personal, non-commercial internal use or records. In so doing, You
may not modify the materials and You agree to retain all copyright and
other proprietary notices contained in the materials. This permission
does not give You any ownership rights in the information and terminates
automatically if You breach any of these terms or conditions. If You
make any other use of this site, except as otherwise provided herein,
You may violate copyright and other laws of the United States, other
countries, as well as applicable state laws and may be subject to
penalties.
9. Trademarks
The trademarks, service marks, and logos (the "Trademarks")
used and displayed on this site are registered and unregistered
Trademarks of LONGEVITY FITNESS CLUB & SPA and others. Nothing on
this site should be construed as granting, by implication, estoppels, or
otherwise, any license or right to use any Trademark displayed on the
site, without the written permission of the Trademark owner. LONGEVITY
FITNESS CLUB & SPA aggressively enforces its intellectual property
rights to the fullest extent of the law. The service mark(s), LONGEVITY
FITNESS CLUB & SPA may not be used in any way, including in
advertising or publicity pertaining to distribution of materials on this
site, without prior, written permission. LONGEVITY FITNESS CLUB &
SPA prohibits use of any of the forgoing names or marks as a metatag or
as a "hot" link to any site unless establishment of such a
link is approved in advance by LONGEVITY FITNESS CLUB & SPA in
writing. If You have any questions regarding any trademarks on the site,
please contact LONGEVITY FITNESS CLUB & SPA.
10. Links
This site may provide links to other Internet sites. LONGEVITY FITNESS
CLUB & SPA is not responsible for the availability of such other
sites and does not endorse and is not responsible or liable for any
content, products or other materials available on such other sites.
Links to external web sites do not constitute an endorsement by
LONGEVITY FITNESS CLUB & SPA of those sites or the sponsors of such
sites or the content, products, advertising or other materials presented
on such sites. Further, LONGEVITY FITNESS CLUB & SPA reserves the
right to terminate any link or linking program at any time. LONGEVITY
FITNESS CLUB & SPA does not author, edit, or monitor these
unofficial pages or links. You further acknowledge and agree that
LONGEVITY FITNESS CLUB & SPA shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any information,
goods or services available on or through any such site. If You decide
to access any of the third party sites linked to this site, You do this
entirely at Your own risk.
11. Participation In Promotions Of
Advertisers
You may enter into correspondence with or participate in promotions of
advertisers promoting their products or services on this site
("Advertisers"). You acknowledge and agree that any such
correspondence or participation, including the delivery of and the
payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence or
promotions, are solely between You and Advertiser. LONGEVITY FITNESS
CLUB & SPA shall have no liability, obligation or responsibility
whatsoever arising out of or in connection with any such correspondence
or participation or transactions.
12. Monitoring
You acknowledge that LONGEVITY FITNESS CLUB & SPA or its designees
reserves the right to, and may from time to time, monitor any and all
activity or information transmitted or received through this site.
LONGEVITY FITNESS CLUB & SPA, in its sole discretion and without
further notice to You, may (but is not obligated to) review, censor or
prohibit any activity or the transmission or receipt of any Information
which LONGEVITY FITNESS CLUB & SPA deems inappropriate (such as that
specified in above) or that violates any term or condition of this
agreement. During monitoring, information may be examined, recorded,
copied, and used for authorized purposes. Use of this site, authorized
or unauthorized, constitutes consent to such monitoring. Unauthorized
uses and unauthorized users of this site will be prosecuted to the full
extent of the law.
13. NO WARRANTIES
THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE
EXTENT EXPRESSLY PROVIDED IN AN AGREEMENT FOR SERVICE, ALL GOODS AND
SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN "AS
IS" BASIS FROM LONGEVITY FITNESS CLUB & SPA AND ITS PRODUCT
PROVIDERS, LONGEVITY FITNESS CLUB & SPA AND ITS AFFILIATES AND
PRODUCT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER
THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE TRANSACTIONS
PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR
PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, EACH OF LONGEVITY FITNESS CLUB & SPA'S AND LONGEVITY
FITNESS CLUB & SPA'S AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND/OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THIS INTERNET SITE IS NOT
ENGAGED IN PROVIDING PROFESSIONAL LEGAL SERVICES OR LEGAL ADVICE, AND
THAT IT IS YOUR RESPONSIBILITY TO SEEK COMPETENT LEGAL COUNSEL TO ADVISE
YOU REGARDING THE APPLICABILITY OF ANY CONTENT AVAILABLE ON THIS SITE TO
SPECIFIC FACTUAL SITUATIONS. NO ATTORNEY-CLIENT RELATIONSHIP IS INTENDED
NOR CREATED THROUGH YOUR USE OF THIS SITE, THE TREASURE COAST ONLINE
INTERNET SERVICE, OR THE CONTENT. YOU ASSUME THE ENTIRE RISK OF
SELECTION AND USE OF THE CONTENT AVAILABLE AT THIS SITE. WITHOUT
LIMITING THE FOREGOING, NONE OF LONGEVITY FITNESS CLUB & SPA'S NOR
LONGEVITY FITNESS CLUB & SPA'S AFFILIATES OR PRODUCT PROVIDERS MAKES
ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL
MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE
ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS
SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LONGEVITY
FITNESS CLUB & SPA OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
14. LIMITED LIABILITY
TREASURE COAST ONLINE AND ALL OF LONGEVITY FITNESS CLUB & SPA's
AFFILIATES AND PRODUCT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND
AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF USE OR OF DATA,
INTERRUPTION OF BUSINESS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS
AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE,
THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY
LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU
AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM
OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR
SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN
ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER
BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT
YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO
LONGEVITY FITNESS CLUB & SPA, IF ANY, FOR THE DEPOSIT OF SERVICE OR
PRODUCT AT ISSUE.
15. Indemnity
You shall indemnify, defend, and hold harmless LONGEVITY FITNESS CLUB
& SPA and its product providers and their respective shareholders,
affiliates, employees, agents, successors, officers, and assigns, from
any suits, losses, claims, demands, liabilities, costs and expenses
(including attorney and accounting fees) that they may sustain or incur
arising from (i) Your use of the services available on this site, (ii)
Your failure to comply with any applicable laws and regulations
regarding services or good purchased or used on this site, (iii) Your
use of the content available on this site in any way contrary to this
agreement (d) Your breach of any of Your representations, warranties or
obligations set forth in this agreement, (iv) the purchase,
transportation, delivery, use or disposal of any LONGEVITY FITNESS CLUB
& SPA service or product, associated with this site or available
through other sites, or any loss suffered by or harm to any person or
property in any way relating to of caused in whole or in part by Your
use of this site or any service or product associated with this site
(including, without limitation, any personal injuries or death of any
third person caused in whole or in part by such products or services,
the use, transportation, delivery, storage, handling or release thereof.
16. Beneficiaries of this
Agreement; No Other Agreements
The rights and limitations in this agreement are for the benefit of
LONGEVITY FITNESS CLUB & SPA and each of LONGEVITY FITNESS CLUB
& SPA's product providers, each of which shall have the right to
enforce its rights hereunder directly and on its own behalf.
17. Termination
You agree that LONGEVITY FITNESS CLUB & SPA may, at its sole
discretion, deny You access to the site and disable any user name and
password associated with You for any reason, including, without
limitation, if LONGEVITY FITNESS CLUB & SPA believes that You have
violated or acted inconsistently with the letter or spirit of this
agreement. LONGEVITY FITNESS CLUB & SPA reserves the right at any
time and from time to time to modify or discontinue, temporarily or
permanently, the services offered under this site (or any part thereof)
with or without notice. You agree that LONGEVITY FITNESS CLUB & SPA
shall not be liable to You or to any third party for any modification,
suspension or discontinuance of the services offered under this site.
18. Consumer Rights
LONGEVITY FITNESS CLUB & SPA maintains specific contact information
including an e-mail address for notifications of complaints and for
inquiries regarding pricing policies. All correspondence should be
addressed to LONGEVITY FITNESS CLUB & SPA's agent for notice at the
following address:
LONGEVITY FITNESS CLUB & SPA
650 12th Street
Vero Beach, FL. 32960
E-mail: admin@longevityclubs.com
Telephone: (772) 778-6800
Facsimile: (772) 778-0071
You may contact LONGEVITY FITNESS CLUB
& SPA with complaints and inquiries regarding pricing and LONGEVITY
FITNESS CLUB & SPA will investigate those matters and respond to the
inquiries.
19. Controlling Law
This Agreement shall be construed under the laws of the State of
Florida, USA, excluding rules regarding conflicts of law. The
application the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
20. Jurisdiction And Venue
You and LONGEVITY FITNESS CLUB & SPA agree to submit to the
exclusive personal jurisdiction of the courts of Indian River County in
the State of Florida, USA in all legal proceedings arising under this
Agreement.
BY ACCESSING THIS WEB SITE OR USING
ANY SERVICE PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE
TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE
EXIT THIS SITE.
|