This Site Use Agreement (hereinafter referred to as "Agreement") sets forth the Terms and Conditions of Use (the “Terms of Use”) which apply to the Redbud Fitness website located at www.RedbudFitness.com, and all associated websites, facilities or premises (collectively, the “Site”). The Site is the property of Redbud Fitness & Lifestyle Center, L.L.C., a Michigan Limited Liability Company (“Redbud Fitness”).
BY ACCESSING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE, WHICH FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.
Please be sure to read this Agreement and its Terms of Use carefully.The Site is intended to be used 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") are protected under applicable intellectual property and other laws. Including, without limitation, those of the United States and the State of Michigan.
All Content and intellectual property rights herein are the property of Redbud Fitness or the material is included with the permission of the rights owner and is protected pursuant to 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), 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 Redbud Fitness. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting Redbud Fitness in writing at 500 East 3rd Street, Buchanan, Michigan 49107 or by email at info@redbudfitness.com. The Content may only be used for personal, non-commercial purposes.
Redbud Fitness hereby 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 Redbud Fitness networks or computer systems or to 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 the use of scripts or web crawlers, etc.).
TRADEMARKS
The Redbud Fitness 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/or trade dress of Redbud Fitness (the "Marks"). All other trademarks, names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without the express prior written consent of Redbud Fitness. You are not authorized to display or use trademarks, names, logos, service marks and/or trade dress of other owners without their express prior written consent. The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
PRIVACY POLICY
By agreeing to these Terms of Use set forth herein, you agree to the terms of our Privacy Policy, which is located at www.redbudfitness.com/privacy-policy and our Liability Policy Agreement which is incorporated herein by reference. Before using this Site, please read through the Terms of Use and Privacy Policy carefully. All personal information provided to us resulting from your use of this Site will be handled in accordance with our Privacy Policy.
ADDITIONAL TERMS, CONDITIONS AND AGREEMENTS
We may require you to follow additional rules, guidelines or other terms and conditions to enable use of various features of the Site, to participate in certain promotions, or activities available through our Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms and conditions, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. For example, you will be required to enter a separate agreement if you use this Site (or any other site associated with Redbud Fitness) to join one of our clubs or access Team Member services or make a purchase. If any of the terms or conditions of a click-through agreement are different than the terms of these Terms of Use, then the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by such agreement. In addition, certain areas of our Site (such as our online store) may be operated by third party service providers. Such areas may be governed by certain additional terms, conditions, or policies of those third-party providers.
SITE SUBMISSIONS
You may choose to submit information to Redbud Fitness through our Site for various reasons, such as to become a Redbud Fitness member, make a purchase, apply to become a franchisee or apply for Redbud Fitness employment or subcontractor opportunities. By submitting information to Redbud Fitness, you are authorizing us to utilize this information for the purpose for which it was submitted and for such other purposes as set out in our Privacy Policy. Nothing in these Terms of Use or the Site shall constitute an offer or promise of employment or franchising relationship. We may or may not review all or any information submitted to us.
Except for personally identifiable information such as names, addresses, and financial information, unsolicited information submitted to this Site is assigned to Redbud Fitness free of charge, together with all worldwide rights, title and interest in all copyrights and other intellectual property rights in such submission and Redbud Fitness and its affiliates and related entities may use, sublicense, adapt, distribute, publicly perform, publish, display or delete such submission at its sole discretion. By sending any unsolicited submission to Redbud Fitness, you waive the right to make any claim against Redbud Fitness, its parents or affiliates related to use of the submission.
ADVERTISING AND LINKS
With our prior written consent, you may create hyperlinks directly to the home page of this Site, or the home page of any of our clubs within this Site, provided that: (i) the hyperlink accurately describes the content as it appears on the Site; (ii) 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 (iii) you do not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site, Redbud Fitness, or its agents. You may not copy any portion of the Site or Content to a server, except as part of an incidental caching of pages. If you wish to link to or obtain a license with respect to the Site or the Content other than as described herein, you must contact Redbud Fitness by registered mail. If Redbud Fitness has provided links or pointers to other websites, then no inference or assumption should be made and no representation should be implied that Redbud Fitness operates or controls these websites. Redbud Fitness is not responsible for the content or practices of third party websites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with Redbud Fitness. When visiting other websites, however, you are subject to and should review each website’s individual terms of use and privacy policy. Redbud Fitness takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by such advertisers.
TERMINATION
Redbud Fitness reserves the right to immediately terminate your use of, or access to, this Site at any time for any reason in its sole discretion. Redbud Fitness further reserves the right to modify or discontinue this Site or any portion thereof at any time without notice.
COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Site infringes your copyright, you should notify Redbud Fitness of your copyright infringement claim in accordance with the following procedure. Redbud Fitness will process notices of alleged infringement which it receives and will take appropriate action pursuant to 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 Redbud Fitness by registered 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 Sates and are not subject to the DMCA, you should notify Redbud Fitness of your copyright infringement claim in writing and in accordance with the above procedure and other applicable intellectual property laws including, but not limited to, the Canadian Copyright Act.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, REDBUD FITNESS & LIFESTYLE CENTER, ON BEHALF OF OUR OFFICERS, DIRECTORS, EMPLOYEES, TEAM MEMBERS, SUBCONTRACTORS, AFFILIATES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM ANY AND ALL LIABILITY FOR ANY INJURIES, LOSSES, DAMAGES, CLAIMS AND EXPENSES OF WHATEVER KIND OR NATURE 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 OR PERSONS, 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 WEBSITE OR FACILITIES, THE PURCHASE OF GOODS OR SERVICES SOLD THROUGH THIS WEBSITE, OR ANY WEBSITE WITH WHICH THIS SITE MAY BE LINKED. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
Further, your statutory rights as a consumer, if any, are not affected by these provisions, noting we do not seek to exclude or limit liability for fraudulent misrepresentation.
INDEMNITY
You hereby agree to defend, indemnify and hold harmless Redbud Fitness, its parents, subsidiaries, affiliates together with their respective directors, officers, managers, members, employees and agents, from and against any and all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of this Website or associated facilities or premises located in Michigan, and any content you submit, post to, or transmit through this Website or your breach or alleged breach of the Liability Policies accepted through the use of this Website, facilities or premises.
LEGAL COMPLIANCE
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website, facilities or premises. If you provide us any information through the Redbud Fitness Website, 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 or 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, then please contact management c/o info@redbudfitness.com with your concerns. Redbud Fitness reserves all rights and remedies available to it.
GENERAL PROVISIONS
If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable, and will be substituted with a valid and enforceable provision reflecting the intent of the invalid provision, and does not affect the validity and enforceability of any remaining provisions. No provision herein shall be waived except with prior written consent of Redbud Fitness. The failure to exercise, or delay in exercising, any right or remedy under this Liability Policy Agreement will not operate as a waiver and this agreement may be assigned by Redbud Fitness in our sole discretion. Headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. Failure to act with respect to a breach of this agreement does not waive our right to act with respect to subsequent or similar breaches. This agreement sets forth the understanding and agreement between us with respect to the subject matter hereof.
MODIFICATION
Redbud Fitness reserves the right to modify or amend this agreement without notice at any time. The latest agreement will be posted on the Website, and you should always review the agreement prior to using the Website to ensure that you have a current understanding of the terms under which you are permitted to access this Website, or its associated facilities or premises. Use by you of the Website following any modifications or amendments to this agreement shall signify your acceptance of such modifications or amendments.
NOTICES
Except as explicitly stated otherwise, any notices shall be given by postal mail to Redbud Fitness Attn: Teresa Green, 500 East 3rd Street, Buchanan, MI 49107 (in the case of notice to Redbud Fitness) or to the email address you provide to Redbud Fitness (in the case of notice to you). Notice shall be deemed given one business day 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 you have provided to Redbud Fitness. In such case, notice shall be deemed given 3 days after the date of mailing.
CONTACTING REDBUD FITNESS
Any questions, comments, or issue with this Site or agreement should be addressed to the Site Administrator at info@RedbudFitness.com. The website www.RedbudFitness.com is operated by Redbud Fitness & Lifestyle Center, LLC., a Michigan Limited Liability Company.
GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
This agreement is governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Michigan or, if appropriate, the United States District Court for the State of Michigan for resolution of any dispute, action or proceeding arising in connection with this agreement or your use of any Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
DISPUTE RESOLUTION
If you are a user based in the United States, in the event of any controversy or claim arising out of or relating to any Redbud Fitness Website, facilities, equipment or premises, the parties shall first attempt, promptly and in good faith, to resolve any such dispute informally between them. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to binding individual arbitration pursuant to the then current expedited procedures of the commercial arbitration rules of the American Arbitration Association.
If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party shall submit such controversy or dispute to individual mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.