1. ACCEPTANCE OF TERMS
International Health, Racquet and Sportsclub Association ("IHRSA") welcomes you. IHRSA provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular IHRSA owned or operated services, you and IHRSA shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. IHRSA may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
IHRSA stands for 'International Health, Racquet and Sportsclub Association.' We are a trade association serving the health and fitness club industry. IHRSA's mission is to grow, protect and promote the health and fitness industry, and to provide its members with benefits that will help them be more successful. IHRSA provides users with access to a rich collection of resources through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for IHRSA to provide the Service. You also understand and agree that the Service may include certain communications from IHRSA, such as service announcements, administrative messages and the IHRSA Newsletter, and that these communications are considered part of IHRSA membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new IHRSA properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that IHRSA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify IHRSA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. IHRSA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. MEMBER CONDUCT
Each member ("Member") has the responsibility to abide by the Association's Membership Pledge, Membership Eligibility Standards, Code of Conduct, and By-Laws. None of these, however, are intended to create new law or substitute for local, state, or federal law, which will always take precedence. IHRSA will assist clubs as much as possible in interpreting these standards, but clubs need to check local and state law, or check with an attorney about any legal questions they may have.
You agree to not use the Service to:
- The club will open its membership to persons of all races, creeds, places of national origin, and physical abilities.
- The club will respond to and endeavor to resolve, within 60 days, any consumer complaints made to the Better Business Bureau or to state or local consumer protection agencies (or other such agencies).
- The club will comply with all relevant laws concerning pre-sell membership fees.
- The club will not sell prepaid, lifetime memberships, and will not guarantee membership or renewal fees beyond a three-year period or the period permitted by applicable law.
- The club will not engage in illegal membership sales tactics.
- The club will conform to all relevant laws, regulations, and published standards.
- The club will respond in a timely manner to any reasonably foreseeable emergency event that threatens the health and safety of the club users. Toward this end, the club will have an appropriate emergency plan that can be executed by qualified personnel in a timely manner.
- The club will offer each adult member a pre-activity screening appropriate to the physical activities to be performed by the member.
- Each person who has supervisory responsibility for a physical activity program or area at the club will have demonstrable professional competence in that physical activity program or area.
- The club will post appropriate signage alerting users to risks involved in their use of those areas of the club that present potential increased risk(s).
- A club that offers youth services or programs will provide appropriate supervision.
- The club will be kept clean and equipment will be maintained in working order.
You acknowledge, consent and agree that IHRSA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of IHRSA, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by IHRSA and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your IHRSA Login), use of the Service, or access to the Service.
9. MODIFICATIONS TO SERVICE
IHRSA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IHRSA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that IHRSA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IHRSA has no control over such sites and resources, you acknowledge and agree that IHRSA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that IHRSA 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 such Content, goods or services available on or through any such site or resource.
12. IHRSA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by IHRSA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
IHRSA grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by IHRSA for use in accessing the Service.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IHRSA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IHRSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
IHRSA may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
16. TRADEMARK INFORMATION
Without IHRSA's prior permission, you agree not to display or use in any manner the IHRSA Marks.
17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
IHRSA respects the intellectual property of others, and we ask our users to do the same. IHRSA may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide IHRSA's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
IHRSA's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
IHRSA, International Health, Racquet and Sportsclub Association
70 Fargo Street
Boston, MA 02210
phone:800-228-4772 or 617-951-0055
18. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and IHRSA and governs your use of the Service, superseding any prior agreements between you and IHRSA with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other IHRSA services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and IHRSA shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and IHRSA agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, Massachusetts.
Waiver and Severability of Terms. The failure of IHRSA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your IHRSA account is non-transferable and any rights to your IHRSA ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.
20. Refund Policy
If, for whatever reason, you are unsatisfied with our service, you have the right to cancel your order within seven days of payment and get a full refund. To cancel an order, please send us an email at firstname.lastname@example.org quoting the Invoice No. you received from IHRSA, the reason for cancellation and the name of the person who made the transaction.