Last Updated: January 5th, 2015
Acceptance of Terms
The NYHRC.com Website is provided for your information. NYHRC will make every effort to keep the content on the Website current. However, NYHRC does not guarantee that it is the most up to date information available. For the most current and up to date information on class changes, contact information and any other information regarding NYHRC, its operations, programs, and offers, please contact a NYHRC location directly. NYHRC assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, and the inability to access all or part of the Website. The Website and all of its contents are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the Website, that your use of the Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Website, and that NYHRC shall not be liable for any damages of any kind related to your use of the Website.
You agree that you are only authorized to visit, view and to retain a copy of pages of the Website for your own personal use. You shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. The content and software on this Website is the property of NYHRC and is protected by U.S. copyright laws. You also agree not to use the Website to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; and/or (c) interfere with or disrupt the Website. Furthermore, you agree that you will not use any automated device or process, such as a "bot" or a "spider," to copy or extract information or content from the Website, except to use such information or content for purposes of listing the Website with a search engine or other service designed to direct users to the Website. You further agree that you will not copy, modify, or publicly display any information or content on the Website for use in any commercial manner, except to use such information or content for purposes of listing the Website in a search engine or other service directing users to our Website.
Health Related Information
Prior to participating in any exercise program or activity, you should seek the advice of your physician or other qualified health professional. You agree that no health information provided on or by the Website will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed physician. Application or reliance on of the techniques, ideas, and suggestions accessed through the Website is at your sole discretion and risk.
The Website is not designed for use by children. By using NYHRC.com and/or providing any information about yourself on NYHRC.comyou agree and warrant that you are 18 years of age or older.
By inquiring or registering at the Website, you are giving your consent to receive promotions or newsletters from us. If you do not wish to receive these marketing materials, you may request to be removed by using the opt-out mechanism listed in the communications you receive. To opt-out of email promotions from NYHRC, you may simply use our convenient Unsubscribe Email at firstname.lastname@example.org.
Information on NYHRC Website
NYHRC attempts to make sure that the information on this Website is correct and complete. However, NYHRC makes no representation that the information on the Website is correct, complete or current. Errors may periodically occur and will be corrected upon discovery. NYHRC reserves the right to revoke any offer and correct any errors, inaccuracies or omissions. Prices and availability of products and services are subject to change without notice.
Links and Search Results
Indemnification and Release
You agree to defend, indemnify and hold NYHRC, its parents, subsidiaries, partners, agents, affiliates, licensors, providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use the Website and/or Website content, any information provided to you by the Website, or any violation of this Agreement by you.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE NYHRC AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS AND CONTRCTORS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER NYHRC, NOR OUR AFFILIATES, ASSOCIATES, PARTNERS AND/OR LICENSORS MAKE ANY WARRANTY THAT THE CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE WEBSITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NYHRC, OUR AFFILIATES, ASSOCIATES, PARTNERS AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Waiver of Class Action Rights
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.
Except as explicitly stated otherwise, any notices shall be given to NYHRC via email at email@example.com, or postal mail to NYHRC, Attn: Legal Department, 18 East 50th Street, 4th Floor, New York, NY 10022, or to you via the email address you provide to NYHRC during the inquiry or registration process.
Integration and Severability
Copyright © 2015-2016 New York Health Club, Inc. All rights reserved.