These Terms may change as we continue to evolve our business, as well as the Digital Properties or any portion thereof. If we change these Terms, we will post the revised document here and such changes will be effective immediately upon that posting. Your continued use of the Digital Properties constitutes your acceptance of such changes and agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically when accessing or using the Digital Properties.
Informal Dispute Resolution Our goal is to do our best to ensure that every experience with City Sofive Soccer will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem or concern. To do so, please contact us by emailing us at email@example.com. When contacting us, we ask that you include your name, address, phone number and email address, and a description of your problem or concern and any specific relief you seek.
By using the Digital Properties, you and City Sofive Soccer agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”).Arbitration shall be before either (1) JAMS (formerly known as JudicialArbitration and Mediation Services), www.jamsadr.com, or (2) the AmericanArbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if City Sofive Soccer initiates arbitration, it shall have the choice as between these two arbitration forums.WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY INEXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BYA JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
By using the Digital Properties, you agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving City Sofive Soccer or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against City Sofive Soccer. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). If the foregoing class action waiver(“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Except as described below, the term “Dispute” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and City Sofive Soccer regarding any aspect of your relationship with City Sofive Soccer, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of these Terms, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver.However, “Disputes” SHALL NOT include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
Either you or City Sofive Soccer may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.If you or City Sofive Soccer initiate arbitration, you and we have a choice of doing so before JAMS or theAAA:For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS RecommendedArbitration Discovery Protocols for Domestic, Commercial Cases will apply. TheJAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available atwww.adr.org or by calling 1-800-778-7879.If required for the enforce ability of the Arbitration Agreement under the Federal Arbitration Act, City Sofive Soccer will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules. Where Will the Arbitration Be Held? You can bring the arbitration in either New York or in the state where you live if there is a JAMS or AAA in that state. In the event that City Sofive Soccer initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case City Sofive Soccer may initiate the arbitration in New York. As set forth in “Governing Law” section below, the arbitrator will apply New York law.
City Sofive Soccer has no obligation to maintain the Digital Properties, in whole or in part, nor does it have any obligation to provide you with any related maintenance or support services. City Sofive Soccer reserves the right to render the Digital Properties, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace, or modify the Digital Properties or any portion thereof, at any time and for any or no reason, without prior notice or liability to you. Any Content or other information made available on or through the Digital Properties is also subject to change at anytime and without prior notice or liability to you.
Some portions of the Digital Properties may invite or require you to create an account and associated log-incredentials, and you may not be able to access certain Content or features, functionalities, or services of the Digital Properties, without creating and logging into such an account. In some instances, the right to create an account may be limited to current members of City Sofive Soccer in good standing.You agree to provide true, accurate and current information when creating an account, and you are responsible for updating your account information as needed to ensure it remains current. You are responsible for maintaining the confidentiality of your log-in credentials, and you hereby acknowledge and agree that you are fully responsible and liable for all usage and activities that occurs under your account, whether authorized by you or not. You agree to notify SCity Sofive Soccer immediately if you know of or suspect any unauthorized use of your account or password or any other breach of security related to your account. Notwithstanding anything to the contrary in these Terms, City Sofive Soccer reserves the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify Content, features, functionalities and/or services available to account holders, at anytime in its sole discretion and without prior notice or liability to you.
Subject to your compliance with these Terms, City Sofive Soccer gives you the limited, non-exclusive, non-transferable, and revocable right to access and use the Digital Properties solely for your personal and non-commercial use. However, City Sofive Soccer does not give you any right to, and you hereby agree not to:Use the Digital Properties or any portion thereof for any commercial use or for the benefit of any other person or entity, including without limitation by selling, renting, leasing, assigning, transferring, hosting, or otherwise commercially exploiting any Digital Property or any portion thereof. Copy, stream, reproduce, duplicate, archive, store (other than standard browser caching), download, publish, modify, make derivative works of, reverse engineer, translate, or distribute any Digital Property or portion thereof by any means, other than as expressly allowed by these Terms or as otherwise clearly contemplated by the features and functionalities of the Digital Properties – for example, by sharing Content through a social media “share” feature or downloading and using the City Sofive Soccer mobile app. You may also print or save to your computer, phone or personal device a reasonable number of pages or Content from the Digital Properties, but solely for your own personal, internal and non-commercial purposes.Remove, alter, bypass, avoid or circumvent any copyright, trademark or other proprietary notice, digital rights management mechanisms or other content protection measures included in or associated with the Digital Properties or any Content. Similarly, you may not modify, remove, or otherwise interfere with any embedded player that may made available in connection with certain Content.Use any software robots, spiders, crawlers, or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, including without limitation to access, acquire, copy, monitor or make submissions through any portion of the Digital Properties. Knowingly or intentionally take any other action that may impose an unreasonable burden or load on the Digital Properties or its servers and infrastructure. Any unauthorized use by you, or otherwise under your account or on your computer or personal device, of the Digital Properties any portion thereof will immediately terminate the limited rights granted to you under these Terms, and such termination will be without prejudice to any other right or remedy City Sofive Soccer may have under applicable law or in equity.
As between you and City Sofive Soccer, City Sofive Soccer owns the Digital Properties and all content displayed or made available on or through, or otherwise included in, theDigital Properties, including without limitation all text, video clips, audio clips, graphics, trademarks, service marks, trade names, logos, icons, images, data, information, code and software, regardless of whether registered or unregistered, and any combinations and compilations thereof (collectively,“Content”). The Digital Properties and Content, including the selection, coordination, arrangement and enhancement of Content and the design, layout and “look and feel” of each Digital Property, constitute valuable intellectual property of City Sofive Soccer, and are protected by applicable copyright, trademark and other applicable intellectual property rights and laws.The Digital Properties and Content are licensed, not sold, to you, and your limited rights to access and use the Digital Properties and Content are conditioned upon your compliance with theseTerms. No act of downloading or copying from, or otherwise using, the Digital Properties, even with City Sofive Soccer’s permission, will transfer any title, interest or right in or to any Digital Property or Content to you. City Sofive Soccer hereby expressly reserves all rights not expressly granted in and to the Digital Properties and Content.
When you enter a City Sofive Soccer, you enter an area where photography, audio, and video recording occur. By entering the premises, you consent to; photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for promotional purposes, advertising, inclusion on websites, social media, or any other purpose by City Sofive Soccer and its affiliates and representatives. Images, photos and/or videos may be used to promote similar Sofive events in the future.You release Sofive, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of photographs, computer images, video and/or or sound recordings. By entering the premises, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by City Sofive Soccer or the person or entity designated to do so by City Sofive Soccer.
We welcome your feedback regarding the Digital Properties, as well as our club locations, services, products and other offerings. However, please understand that any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively,"Comments") posted on, submitted through, or otherwise sent to City Sofive Soccer as a result of, the Digital Properties shall become and remain the exclusive property of City Sofive Soccer. Your posting, submission or sending of any such Comments shall constitute an assignment to City Sofive Soccer of all worldwide right, title and interest, including all intellectual property rights, in and to the Comments, and City Sofive Soccer will be entitled to use, reproduce, disclose, publish, distribute and otherwise exploit any Comments for any purpose whatsoever, without restriction or liability and without notifying or compensating you in any way, and you hereby agree to waive any and claims against City Sofive Soccer in connection with the foregoing. All Comments will be treated as non-confidential, and therefore you agree not to post, submit or send to City Sofive Soccer, on an unsolicited basis, any ideas, confidential information, proprietary information or other Comments that you do not wish to assign to City Sofive Soccer, including without limitation ideas for new or improved products, services, technologies, marketing, advertisements promotions or other services, products or offerings and any original creative materials such as stories, videos, computer code, images or artwork (all of the foregoing, collectively, “Unsolicited Ideas”). Please understand that while we sincerely appreciate the enthusiasm and interest in our company and brand, it is the long-standing policy of City Sofive Soccer to not accept or consider any Unsolicited Ideas. We employ a talented staff of employees, and have existing relationships with outside consultants or vendors, who may be working on the same or similar ideas. The intent of this policy against the acceptance consideration ofUnsolicited Ideas is to avoid the possibility of future misunderstandings when projects developed by our staff, consultants or vendors might seem to others to be similar to your own work.If, despite this policy, you nonetheless chose to post, submit or otherwise send to City Sofive Soccer any Unsolicited Idea, by doing so you acknowledging and agreeing that: (1) you are not posting, submitting or sending any confidential or proprietary information; (2) City Sofive Soccer has no obligation to review or use the UnsolicitedIdea or to keep it confidential; and (3) City Sofive Soccer will consider the Unsolicited Idea as a Comment assigned to and owned by City Sofive Soccer, which it may use, reproduce, disclose, publish, distribute or otherwise exploit for any purpose whatsoever, without restriction or liability and without notifying or compensating you, and you hereby agree to waive any and claims against City Sofive Soccer in connection with the foregoing.
City Sofive Soccer is not a health care or medical provider. The Digital Properties and the features, functionalities, services and Content made available therein, including without limitation any advice, information, workouts, exercises, regimens, nutritional plans, recipes or other materials (collectively, the “Fitness Features”), are provided for general informational purposes only, and do not constitute medical advice. The Fitness Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any fitness or nutrition regimen or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions. City Sofive Soccer is not liable or responsible for any consequences of you having read, used or relied upon anyFitness Features. By using any Fitness Feature, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, all of which can be potentially hazardous activities. You should consult with your doctor prior to using any FitnessFeature. If you choose to use any Fitness Features, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using such Fitness Features, and you hereby assume all risks associated with using such Fitness Features. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING ANY FITNESS FEATURE, STOP AND CONSULT YOUR PHYSICIAN OR SEEK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, City Sofive SoccerMAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FITNESS FEATURES AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH FITNESS FEATURES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ONAND/OR USE ANY FITNESS FEATURE IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, City Sofive Soccer WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY FITNESS FEATURE.
While we endeavor to provide the best digital experience we can, including without limitation by offering accurate and current Content, we cannot and do not guarantee that the Digital Properties or any portion thereof will always be fully-functional, current or accurate. For up-to-date information on club hours, class schedule changes, contact information and any other information regarding any City Sofive Soccer club, its operations, programs, and/or offerings, please contact the relevant City Sofive Soccer club location or our corporate offices, as described in the “Contact Us” section below. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE DIGITAL PROPERTIES IS AT YOUR SOLE RISK, AND THAT THE DIGITAL PROPERTIES, AND ALL ASPECTS THEREOF, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. City Sofive Soccer MAKES NO REPRESENTATIONS OR WARRANTIES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (1) WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE; (2)WARRANTIES THAT THE DIGITAL PROPERTIES WILL MEET YOUR REQUIREMENTS, OR OPERATE WITH THE DEVICES, HARDWARE OR SOFTWARE YOU USE; OR (3) WARRANTIES THAT YOUR ACCESS TO AND USE OF THE DIGITAL PROPERTIES WILL BE AVAILABLE, UNINTERRUPTED, CURRENT, OR FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Digital Properties is to stop using and, where applicable, uninstall the Digital Properties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL City Sofive Soccer, ITS PARENTS,SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS,DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS,SUCCESSORS AND ASSIGNS (COLLECTIVELY, “City Sofive Soccer PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT,INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL PROPERTIES, OR THESE TERMS. IN ADDITION, IF AND TO THE EXTENT City Sofive Soccer IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL PROPERTIES,OR THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF City Sofive Soccer FOR SUCH DIRECT DAMAGES WILL BE LIMITED TOTEN DOLLARS ($10.00 USD). Except for any liability of City Sofive Soccer under the forgoing paragraph, you acknowledge and agree that the other City Sofive Soccer Parties will have no liability to you for any direct damages arising out of the Digital Properties or these Terms.
You agree to defend, indemnify and hold the City Sofive Soccer Parties harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys' fees), arising out of or in connection with: (1) your access to and/or use of the Digital Properties or any portion thereof; (2) your Comments or Unsolicited Ideas; (3) your failure to comply with these Terms or with any applicable law, rule or regulation; (4) your infringement, misappropriation or violation of the Digital Properties or Content or of any third party’s intellectual property right; or (5) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization. City Sofive Soccer will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. City Sofive Soccer reserves the right, at your expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without City Sofive Soccer’s prior written consent.
You may terminate these Terms at anytime by ceasing to access and use the Digital Properties and, where applicable, uninstalling the Digital Properties. Please understand, however, if you subsequently decide to resume accessing and using any of the Digital Properties, you will again be bound by the then-current Terms. We may terminate these Terms, or otherwise terminate, suspend or restrict your access to and use of the Digital Properties, in whole or in part, at any time and without prior notice or liability to you, for any reason, including without limitation your failure to comply with any portion of these Terms. However, even after theseTerms have been terminated, the sections titled “Arbitration Agreement andClass Action Waiver,” “Intellectual Property,” “Comments; No UnsolicitedIdeas,” “Privacy,” “Disclaimers,” “Limitations of Liability,”“Indemnification,” “Governing Law,” “General,” “Gift Card Terms and Conditions,” “Promotional Gift Card Terms and Conditions,” “Personal TrainingTerms and Conditions” and any other provision which by its nature is intended to survive, will survive that termination.
These Terms, the Additional Terms below, and your access to and/or use of the Digital Properties, will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Except as provided above as to those Disputes you or City Sofive Soccer submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), all claims, disputes and matters arising hereunder shall be submitted exclusively to the jurisdiction of the federal and state courts of competent jurisdiction located in New York City, New York, and you and City Sofive Soccer each hereby irrevocably consent to the jurisdiction of such courts and waives all objections thereto.
The following terms (the “Additional Terms for Apps”) apply to any applications designed for download and use on mobile, tablet, smart watch or other personal devices which City Sofive Soccer may make available as part of the Digital Properties (the “Apps”). You acknowledge and agree that the availability of each App is dependent upon the third-party app store from which you download the App (the “App Store”). You acknowledge that these Terms are between you and City Sofive Soccer, and not with the applicable App Store. Each App Store may have its own terms and conditions to which you must agree before downloading an App from it, and the limited rights City Sofive Soccer grants you to use the App are conditioned upon your compliance with any and all terms and conditions of such App Store.In addition, the following terms and conditions apply to any of our Apps that you download from any Apple App Store (an “iOS App”): 1. Acknowledgement: You and City Sofive Soccer each acknowledge that the Terms, including theseAdditional Terms for Apps, are between you and City Sofive Soccer, and not with Apple Inc. (“Apple”), and that, subject to any limitations set forth in these Terms, City Sofive Soccer, not Apple, is solely responsible for the iOS App and its contents. To the extent the Terms or an Additional Terms set forth herein provide for usage rules applicable to an iOS App that are less restrictive than or otherwise conflict with the Apple App Store Terms ofService, the more restrictive or conflicting provision in such Apple App StoreTerms of Service will govern and apply. 2. Scope of License: The license granted to you under the Terms is limited to a non-transferable license to use the iOS App on any iPhone, iPad, Apple Watch or other iOS product or device that you own or control, as permitted by the Usage Rules set forth in the AppStore Terms of Service. 3. Maintenance and Support: To the extent any maintenance and support services are required under applicable law or expressly contemplated by these Terms, City Sofive Soccer, not Apple, is solely responsible for such services. You and City Sofive Soccer each acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. 4. Warranty: City Sofive Soccer, not Apple, is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed or limited under theTerms. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you. However, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, to the extent not effectively disclaimed or limited under the Terms, will be City Sofive Soccer’s sole responsibility. 5. Product Claims: You and City Sofive Soccer each acknowledge that City Sofive Soccer, not Apple, is responsible for addressing any claims you or a third party may have relating to the iOS App or your possession and/or use of that iOS App, including, but not limited to: (1) product liability claims; (2) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. However, you acknowledge and agree that City Sofive Soccer’s responsibility for the foregoing claims is limited and disclaimed, to the maximum extent permitted by applicable law, as further described in these Terms. 6. Intellectual PropertyRights: You and City Sofive Soccer each acknowledge that, in the event of any third party claim that the iOS App, or your possession and use of the iOSApp, infringes that third party’s intellectual property rights, City Sofive Soccer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, subject to any disclaimers and limitations set forth in, and your indemnification obligations under, the Terms. 7. Legal Compliance: You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S.Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. 8. Third Party Beneficiary: You and City Sofive Soccer each acknowledge and agree thatApple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you asa third party beneficiary thereof.
The following terms and conditions(the “Additional Terms for Gift Cards”) apply to any City Sofive Soccer gift card originally purchased at any participating City Sofive Soccer location or through any Digital Property (each, an “City Sofive Soccer Gift Card”). City Sofive Soccer Gift Cards are issued by EQ Services LLC, a Virginia limited liability company (“Issuer”). By purchasing a City Sofive Soccer Gift Card, accepting and retaining a City Sofive Soccer Gift Card or using a City Sofive Soccer Gift Card, you agree to these Additional Terms forGift Cards. City Sofive Soccer reserves the right to change, amend or terminate the Additional Terms for Gift Cards and/or its Gift Card offerings, in its sole discretion, at any time with or without notice or liability to you.USE OF THE City Sofive Soccer GIFT CARD You may use the City Sofive Soccer Gift Card only to purchase eligible merchandise and pay for eligible services at any City Sofive Soccer Fitness Club (excluding cafes), The Spa and The Shop.
Your use of the City Sofive Soccer Gift Card is limited to the current dollar value held on the card. You may obtain your balance by presenting your City Sofive Soccer Gift Card at any City Sofive Soccer Fitness Club. City Sofive Soccer Gift Cards may not be redeemed for cash, except to the extent required by applicable law.
You may not return, resell or use any City Sofive Soccer Gift Card for any unauthorized advertising, marketing, sweepstakes or other promotional purposes. NO EXPIRATION DATE/SERVICE CHARGES The City Sofive Soccer Gift Card has no expiration date, service charges or dormancy fees.
These Additional Terms for Gift Cards do not apply to gift cards or other stored value cards that are given away for free or distributed as a reward, incentive, or as part of a marketing or promotional program (“Promotional Cards”). Promotional Cards may have different terms and expiration dates, to the extent permitted by applicable law. See below for terms and conditions applicable to Promotional Cards.
Protect your City Sofive Soccer Gift Card as if it were cash and safeguard the City Sofive Soccer Gift Card from unauthorized use. Except where required by applicable law, neither Issuer nor City Sofive Soccer is responsible for and will not replace City Sofive Soccer Gift Cards if lost, stolen, damaged or destroyed.
Issuer and City Sofive Soccer each reserve the right, in their sole discretion, to suspend or terminate use of any City Sofive Soccer Gift Card if Issuer or City Sofive Soccer suspects any fraud or misuse of a City Sofive Soccer Gift Card. Issuer or City Sofive Soccer may cancel the City Sofive Soccer Gift Card at any time, without notice or liability to you.
The consideration paid for the City Sofive Soccer Gift Card, including any unredeemed balances, is the property of the Issuer.
TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, City Sofive Soccer AND ISSUER MAKE NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES,EXPRESS OR IMPLIED, WITH RESPECT TO THE City Sofive Soccer GIFT CARDS,INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ISSUER NOR City Sofive Soccer ASSUME ANY RESPONSIBILITY FOR ANY LOSS OF ANY KIND ARISING OUT OF YOUR USE OF ANY City Sofive Soccer GIFT CARD. IN THE EVENT AN City Sofive Soccer GIFT CARD IS NOT FUNCTIONAL,YOUR SOLE REMEDY AND ISSUER’S AND City Sofive Soccer’S SOLE LIABILITY SHALL BE THE REPLACEMENT OF THE City Sofive Soccer GIFT CARD AT ITS THEN-CURRENT VALUE. GOVERNING LAW Notwithstanding the “Governing Law” section of the Terms, the laws of the Commonwealth of Virginia govern the City Sofive Soccer Gift Cards and these Additional Terms for Gift Cards, without regard to choice of law principles.
If any one or more of the provisions of these Additional Terms for Gift Cards shall be for any reason whatsoever held invalid by a court of competent jurisdiction, then such provisions shall be deemed severable from the remaining provisions and shall in no way affect the validity or enforceability of the other provisions of these Additional Terms for Gift Cards.
Except as specifically stated otherwise, these Additional Terms for Gift Cards, together with the Terms, set forth the entire understanding relating to the subject matter hereof, and supersede all prior understandings, written or oral.
For any questions or concerns regarding the City Sofive Soccer Gift Card program, please contact us as described in the “Contact Us” section above.
The following terms and conditions(the “Additional Terms for Promotional Cards”) apply to City Sofive Soccer gift cards or other stored value cards that are given away for free or distributed as a reward, incentive, or as part of a marketing or promotional program (“Promotional Cards”). Promotional Cards are issued by EQ Services LLC,a Virginia limited liability company (“Issuer”). By using, accepting and/or retaining a Promotional Card, you agree to these Additional Terms forPromotional Cards. City Sofive Soccer reserves the right to change, amend or terminate the Additional Terms for Promotional Cards and/or its PromotionalCard offerings, in its sole discretion, at any time without notice or liability to you.
You may use the Promotional Card only to purchase eligible merchandise and pay for eligible services at any City Sofive Soccer Fitness Club (excluding cafes), The Spa and The Shop. You may not use the Promotional Card to pay for membership dues.
Your use of the Promotional Card is limited to the current dollar value held on the card. You may obtain your balance by presenting your Promotional Card at any City Sofive Soccer Fitness Club. Promotional Cards may not be redeemed for cash.
You may not return, resell or useany Promotional Card for any unauthorized advertising, marketing, sweepstakesor other promotional purposes.
All Promotional Card will expire 90 days after the issuance date, unless a different expiration date is expressly set forth on the Promotional Card itself.
Protect your Promotional Card as if it were cash and safeguard the Promotional Card from unauthorized use. Except where required by applicable law, neither Issuer nor City Sofive Soccer is responsible for and will not replace Promotional Cards if lost, stolen, damaged or destroyed.
Issuer and City Sofive Soccer each reserve the right, in their sole discretion, to suspend or terminate use of any Promotional Card if Issuer or City Sofive Soccer suspects any fraudor misuse of a Promotional Card. Issuer or City Sofive Soccer may cancel the Promotional Card at any time, without notice or liability to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, City Sofive Soccer AND ISSUER MAKE NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROMOTIONAL CARDS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ISSUER NOR City Sofive Soccer ASSUMES ANY RESPONSIBILITY FOR ANY LOSS OF ANY KIND ARISING OUT OF YOUR USE OF ANY PROMOTIONAL CARD. IN THE EVENT A PROMOTIONAL CARD IS NOT FUNCTIONAL, YOUR SOLE REMEDY AND ISSUER’S AND City Sofive Soccer’S SOLE LIABILITY SHALL BE THE REPLACEMENT OF THE PROMOTIONAL CARD AT ITS THEN-CURRENT VALUE.
Not withstanding the “Governing Law”section of the Terms, the laws of the Commonwealth of Virginia govern the Promotional Card and these Additional Terms for Promotional Cards, without regard to choice of law principles.
If any one or more of the provisions of these Additional Terms for Promotional Cards shall be for any reason whatsoever held invalid by a court of competent jurisdiction, then such provisions shall be deemed severable from the remaining provisions and shall in no way affect the validity or enforceability of the other provisions of theseAdditional Terms for Promotional Cards.
Except as specifically stated otherwise, these Additional Terms for Promotional Cards, Terms, set forth the entire understanding relating to the subject matter hereof, and supersede all prior understandings, written or oral.
For any questions or concerns regarding any Promotional Card, please contact us as described in the “Contact Us” section above.
ADDITIONAL TERMS FOR PERSONAL TRAINING
The following terms and conditions (the “Additional Terms for Personal Training”) apply to all personal training sessions originally purchased at any participating Sofive City Soccer location or through any Digital Property (each, a “Session”). By using, accepting and/or retaining a Session, you agree to these Additional Terms for Personal Training. Sofive City Soccer reserves the right to change, amend or terminate the Additional Terms for Personal Training and/or its Personal Training offerings, in its sole discretion, at any time with or without notice or liability to you.
48 HOUR CANCELLATION POLICY
An Sofive City Soccer member that has made an appointment for a Session may cancel or change the time of theSession provided that a minimum of 48-hours’ prior notice is given. You can make these changes via the Personal Training tab in your account to the Digital Properties, or by contacting your trainer directly. Members will be charged for the full cost of the session on any late cancellations or no-show appointments.
Payment for Sessions is required to be made by the member on or before the date of the Session. If a member has no Session inventory, charges for late cancellations or no show appointments for Sessions will be charged to the member’s credit card on file with Sofive City Soccer under the membership agreement. In addition, charges for Sessions which are used by a member but not otherwise paid for will be charged to the member’s credit card on the day the Session is used.
Sofive City Soccer may offer discounts on Sessions to members who purchase a package of Sessions. These discounts only apply to the number of Sessions purchased as a group. Any further or additional Sessions will be charged at the regular rate then in effect for individual Sessions.
You may obtain information on your balance of Sessions in the Personal training tab in your account to the Digital Properties or at any Sofive City Soccer Fitness Club. Sessions may not be redeemed for cash.
All sales are final. Session expire six months from the date of purchase.
Any person that steps into a Sofive or Goals facility must sign the Sofive or Goals waiver. It can be done online at webapp.sofive.com/waiver.html (webapp.goals-soccer.com/waiver.html). By signing the waiver you agree to the terms and conditions written on the page.
We ask everyone that is at a Sofive CIty Soccer facility to follow the house rules as they are defined and displayed in the centers.
Information We Collect.
We collect information about you directly from you, from third parties, and automatically through your use of our Services. We may combine all of the information we collect about you from these various sources. If you do not provide us with certain information, we may not be able to provide requested services or products to you (e.g., if you do not provide us with account registration information, you will not be able to create an account). Information We Collect Directly From You. We may collect information about you directly from you. For example, if you create an account with us we will collect your email address and password. We will also collect any other information that you provide to us through our Services (e.g., your name, interests, Sofive City Soccer center, email address, address, and phone number if you contact us through our Site).Information We Collect About You from Third Parties. We may collect information about you from third parties. For example, we may collect information about soccer players from their parents or coaches; similarly, we may collect information about parents, coaches, or players from a city that registers a team or league.Information We Collect Automatically. We automatically collect information about you through your use of our Services, including, without limitation, your IP address, location, browser type, domain name, the website that led you to our Services, the website to which you go after leaving our Services, the dates and times you access our Services, the number of times you visited our site, your device ID, and the links you click and your other activities within the Services. Please see our Cookies and Other Tracking Mechanisms section below for more information. We may combine information we collect automatically with information we collect directly from or from third parties.
How We Use Your Information.
We may use your information, including personal information, for the following purposes:
Providing and Improving Our Services.
To provide and maintain our Services; to improve our Services; to develop new features, products, or services; to perform technical operations, such as updating software; and for other customer service and support purposes.
Marketing and Communications.
To communicate with you about your account and use of our Services, including to send you service updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, and other information we think may interest you; and for other informational, marketing, or promotional purposes. Our communications with you may include communications via email, calls, or text. Please see our section regarding Your Choices for more information about how to change your communications preferences.
Research and Analytics.
To analyze how you interact with our Services; to monitor and analyze usage and activity trends; and for other research, analytical, and statistical purposes.
Protecting Rights and Interests.
To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request from law enforcement or a governmental authority.
How We Disclose Your Information.
Service Providers. We may disclose your information to our vendors, service providers, agents, or others who perform functions on our behalf. For example, we may disclose your information to third-party service providers to process payments on our behalf.
Other Unaffiliated Third Parties. We may disclose your information to third parties, including so that those third parties may send marketing information to you.
Business Transfers. We may disclose your information to another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer.
Legal Compliance. We may disclose your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request from law enforcement or a government official.
Aggregate and De-Identified Information. We may disclose aggregate, anonymous, or de-identified information about users for marketing, advertising, research, compliance, or other purposes.
Cookies and Other Tracking Mechanisms.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities while using our Services. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Services who disable cookies will be able to browse certain areas of the Services, but some features may not function (e.g., you may not be able to stay logged into your account).
Clear GIFs, pixel tags, and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also referred to as web beacons, web bugs or pixel tags), in connection with our Services to, among other things, track the activities users of our Services, help us manage content, and compile statistics about usage of our Services. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Do Not Track Disclosure.
Our Site does not respond to Do Not Track signals. For more information about Do Not Track signals, please click here. You may, however, disable certain tracking as discussed in the Cookies and Other Tracking Mechanisms section above (e.g., by disabling cookies).
We have taken steps to help protect the personal information we collect. However, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your device and account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity
Correcting or Deleting Your Personal Information. You may correct or delete the personal information that you provide to us by logging into your account to update information or emailing us at firstname.lastname@example.org to request that we delete your information. Please note that we may retain certain information about you as required by law or as permitted by law for legitimate business purposes (e.g., in accordance with our record retention policies or to enforce our Terms & Conditions).
Opting out of Email Communications. We may send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email or contacting us at the Contact Us information below. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving marketing emails from us, we may still send you non-promotion emails (e.g., about your orders or account with us).
Your California Privacy Rights
If you are a California resident you may request from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at the contact information provided below. In your request, please attest to the fact that you are a California resident and provide a current California address for your response.
Our Services are not targeted to children under thirteen (13) years of age. While we may collect information about children from parents, coaches, or others, we do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will promptly delete such personal information from our systems.
If you have questions about the privacy aspects of our Services or for further information about our data privacy policies and practices, please contact us at email@example.com.