All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of Anytime Fitness or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of Anytime Fitness and protected by U.S. and international copyright laws. Anytime Fitness grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, noncommercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of Anytime Fitness and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the Trademark owner. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.
All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Anytime Fitness. Any use of these rights without the prior written permission of Anytime Fitness is strictly prohibited.
Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Anytime Fitness reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Anytime Fitness discovers price errors, they will be corrected on Anytime Fitness’s systems, and the corrected price will apply to your order.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL EITHER ANYTIME FITNESS OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE SERVICES AVAILABLE THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Under no circumstances whatsoever shall Anytime Fitness’s aggregate liability resulting from or relating to your use of the Sites exceed Five Dollars ($5.00).
As a visitor or user of the Sites you shall not:
- violate any applicable law or regulation;
- upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
- impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- engage in any activities or manipulate identifying material to misrepresent the origin of content;
- Post any content that is subject to any disclosure restrictions;
- Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
- Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
- Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- interfere with or otherwise limit the use of the Sites by other users; or collect, compile, or store personal information about other users of the Sites;
- disrupt or interfere with the operation of the Sites by overloading or exceeding the capacity of the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;
- disrupt or interfere with the security of, or otherwise cause harm to, the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;
- use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Sites or the content contained therein without Anytime Fitness’s prior, express, and written permission; or
- use the Sites for commercial purposes.
If you are a registered user of any of the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Anytime Fitness reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
You authorize Anytime Fitness and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Anytime Fitness are nonrefundable, yes.
You are responsible for compliance with applicable laws.
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Anytime Fitness or a third party provider on the Sites, by a Post or otherwise (collectively, “Submissions”), shall become Anytime Fitness’s property; and you hereby transfer, sell, and assign to Anytime Fitness all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Anytime Fitness has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Anytime Fitness shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
Anytime Fitness® Fitbit® Drawing
TERMS AND CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCE OF WINNING.
- Eligibility: The Anytime Fitness® Fitbit® Drawing (“Drawing”) is open only to legal residents of the 50 United States, the District of Columbia, and Canada, excluding Quebec, who are 18 years of age or older and located in the U.S. or Canada at the time of entry, and who complete the Survey delivered to your email address of record between August 15-31, 2016 in full within the specified timeframe. Void elsewhere and where prohibited by law. Employees, contractors, directors and officers of Anytime Fitness, LLC (“Sponsor”), and their respective parent, subsidiary and affiliated companies, distributors, franchisees, and licensees, and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of the Drawing, as well as the employees of any Anytime Fitness club (collectively, “Promotion Parties”), and their immediate family members (parent, child, sibling and spouse of each) and those living in the same households of each (whether related or not) are not eligible. Void elsewhere and where prohibited by law. Other eligibility requirements and conditions of participation are set forth below in these terms and conditions for the Drawing (“Terms and Conditions”), and by completing the Survey, you agree to be bound by these Terms and Conditions
- Prizes and Approximate Retail Values (“ARV”): The Sponsor will giveaway one (1) Fitbit® Flex Wireless Wristband ($99.99) to ten (10) Eligible Survey Respondents. No substitution, cash redemption or transfer of prize is permitted except at Sponsor’s sole discretion. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local taxes, and all other costs associated with acceptance or use of the prizes are the sole responsibility of the winner. Arrangements for delivery of prizes will be performed after winner validation. Winners will be selected at random no later than September 30, 2016. Winners will be notified by Sponsor by email shortly thereafter.
- How to Enter the Drawing: Respond in full to the Survey no later than August 31, 2016 in accordance with the directions on the Survey (making you an “Eligible Survey Respondent”). Eligible Survey Respondents will be automatically entered into the Drawing.
- Additional Terms. If any notification is returned as non-deliverable, or if a potential winner is found to be ineligible or not in compliance with these Terms and Conditions, the potential winner will be disqualified and at Sponsor’s discretion, an alternative potential winner from the pool of Eligible Survey Respondents may be drawn. Sponsor is not responsible for any change of email address of entrants. Sponsor assumes no responsibility for lost, late, misdirected, stolen, illegible, inaccurate, damaged or incomplete Surveys or other communications, non-delivered, failure or unavailability of electronic equipment, communications or internet connections, or other errors, failures or malfunctions of any kind including but not limited to human errors. Entries by automatic, programmed or like methods will be disqualified. Improper, incomplete, mutilated and illegible Entries will be disqualified. Prizes will be awarded only to an address within the 50 United States, D.C. and Canada (excluding Quebec). This Drawing is subject to all applicable federal, state, provincial and local laws and regulations. By participating, entrants agree to be bound by these Terms and Conditions and the decisions of the Sponsor. If, in Sponsor’s sole opinion, the Drawing is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Drawing, or for any other reason in Sponsor’s sole discretion, the Sponsor reserves the right to modify, suspend, or terminate the Drawing in a manner deemed reasonable by the Sponsor, in its sole discretion. Sponsor reserves the right to disqualify any individual who tampers with the entry process or acts in a disruptive or unfair manner.
- Choice of Law and Jurisdiction: This Drawing is offered only in the 50 United States / D.C. and Canada excluding Quebec and is governed by the laws of the State of Minnesota. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the State of Minnesota located in the county of Hennepin for any action, suit or proceeding arising out of or relating to this Drawing.
- Sponsor: The Drawing is sponsored, administered and judged by Anytime Fitness, LLC, 111 Weir Drive, Woodbury, MN 55125.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCE OF WINNING. Open only to residents of the 50 US states and District of Columbia, and Canada, excluding Quebec, 18 and older. Drawing ends August 31, 2015. See full Terms and Conditions for complete criteria.