anytime health terms of service

welcome to the online services of Anytime Health, LLC d/b/a
Anytime Health (“Anytime Health”).

tos details

Anytime Health is pleased to make its services provided at http://www.anytimehealth.com (the “Site”) available for your use. By using the Site or by signing up for an account you agree to be bound by the Terms of Service set forth in this document as well as the Privacy Policy posted at http://www.anytimehealth.com/site-links/privacy-policy.

Use of this Site is strictly voluntary. If you do not agree to these Terms of Service and the Privacy Policy, you must immediately log off the Site and may not use the Site.

ANYTIME HEALTH IS NOT
A HEALTHCARE PROVIDER

Please be aware that any information offered to you through the Site is provided to supplement the care provided by your physician. It is neither intended nor implied to be a substitute for professional medical advice. CALL YOUR HEALTHCARE PROVIDER IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY.

Always seek the advice of your physician or other qualified healthcare provider prior to starting any new exercise, diet, or treatment. Please ask your physician or other qualified healthcare provider any questions you may have regarding a medical condition.

Neither Anytime Health, any of its affiliates, the franchisees operating ANYTIME FITNESS® clubs, and any vendors or suppliers of content provided through the Site, nor any of their respective directors, officers, employees or agents, shall be liable in any way for any use by you or anybody of information provided through this Site, and none of them make any warranty or guaranty as to the accuracy, completeness, correctness, timeliness, or usefulness of any content provided on the Site. You may use the Site and the information contained on it solely at your own sole risk.

copyright

All software and content included on this Site or used in the operation of this Site is the owned or licensed property of Anytime Health or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Anytime Health and protected by U.S. and international copyright laws. Anytime Health grants you permission to view and use content and software made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on this Site is strictly prohibited.

trademarks

The trademarks, service marks, trade dress, and “look and feel” (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Anytime Health and others. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site, without the prior written permission of the Trademark owner. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

accuracy

Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing, and availability.

Anytime Health reserves the right to: (i) discontinue the sale of any product listed on this Site at any time without notice; and (ii) correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after an order has been submitted and accepted). If Anytime Health discovers price errors, they will be corrected on Anytime Health’s systems, and the corrected price will apply to your order.

charges and fees

You authorize Anytime Health and any payment processing service provider it may engage to charge your credit card for any products, or services you purchase through your use of this Site. You represent and warrant that you are the only one who will use your credit card in connection with this Site, and you shall be responsible for any and all uses of your credit card.

product orders

The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only within the United States, and unless stated otherwise on the Site such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

risk of loss

All items purchased from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Anytime Health’s delivery to the carrier.

acceptance of orders

The receipt of an order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of Anytime Health’s offer to sell. Anytime Health reserves the right at any time to limit the quantity of items ordered and/or refuse to sell to any customer.

returns policy

You can return online purchases that are in new, unused and resalable condition, with all original seals intact, to Anytime Health’s return center within 30 days of the date you received your order. You must first contact Anytime Health by email at support@anytimehealth.com to obtain return instructions and an authorization number. Anytime Health does not accept returns on certain items such as undergarments, swimwear, DVDs, videos, books, items denoted as hazardous on your packing slip, customized or personalized merchandise and special orders.

Please allow up to 14 business days for your return to be processed. Your refund will be credited back to the credit/debit/check card used to pay for your order.

links to other websites

This Site may contain links to other web sites. Additionally, other web sites may contain links to this Site. Anytime Health does not review or monitor the web sites linked to this Site and Anytime Health is not responsible for the contents of any other web sites. Any link established by Anytime Health does not in any respect whatsoever constitute an endorsement of the other web sites or create a relationship between Anytime Health and the operators of other web sites. Anytime Health disclaims any liability with respect to your use of any other web site, and you release Anytime Health from any liability related to your use of any link to another web site or your use of any other web site. Where this Site contains a link to another web site owned and/or operated by Anytime Health, such web site use may be subject to different and additional terms of service and privacy policy terms and conditions.

disclaimer of warranties and limitation of liability

Any manufacturer’s warranties that may be disclosed in the packaging of a product sold to you through the Site are warranties made solely by the manufacturer directly to you, and Anytime Health has no responsibility for complying with those warranties. If you wish to receive warranty service or otherwise make a claim against the manufacturer’s warranty, please see the information provided within the manufacturer’s warranty statement for instructions on how to make your claim – Anytime Health cannot process or assist you with a claim made against a manufacturer’s warranty. If you wish to review the manufacturer warranty for any item available for sale through this Site prior to your purchase, you may email Anytime Health at support@anytimehealth.com and ask to receive a copy of the applicable manufacturer warranty, which Anytime Health will provide to you at no charge. If you e-mail us, please include your name, your address, the name of the item, and the product number, if applicable.

THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, ANYTIME HEALTH MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE BY ANY PARTICULAR INDIVIDUALS. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

IN NO EVENT SHALL EITHER ANYTIME HEALTH, ANY OF ITS AFFILIATES, THE FRANCHISEES OPERATING ANYTIME FITNESS® CLUBS, OR ANY VENDORS OR SUPPLIERS OF PRODUCTS OR CONTENT PROVIDED THROUGH THE SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES 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 THIS SITE, WHETHER BASED ON CONTRACT, TORT, 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 MIGHT HAVE ADDITIONAL RIGHTS.

Under no circumstances whatsoever shall Anytime Health’s aggregate liability resulting from your use of this Site exceed One Hundred Dollars ($100.00).

prohibited activities and visitor obligations

If you use any interactive features of this Site you may not:

  • violate any applicable local, state, national or international statute, regulation, or law;
  • upload, post, use, or otherwise make available, including by e-mail, any content or information that is false or inaccurate;
  • upload, post, use, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, 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;
  • upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
  • upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;
  • upload, post, use or otherwise make available 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, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
  • upload, post, use or otherwise make available 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 this Site by other users; or collect, compile, or store personal information about other users of this Site;
  • disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites; or
  • use this Site for commercial purposes.

indemnification

You agree to indemnify, defend, and hold Anytime Health and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that it shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Service, or your breach of any of your representations or warranties made under these Terms of Service.

changes to terms of service

Anytime Health may amend these Terms of Service without prior notice by publication on this Site. If you are a registered user, Anytime Health will make reasonable attempts to send an email about the changes to your last known email address. Any use of this Site following the date on which changes to the Terms of Service are published on this Site shall constitute your acceptance of all such changes.

continued operation, accessibility, and maintenance of this site

Anytime Health may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and Anytime Health reserves the right to refuse service to anyone at any time, with or without cause.

your account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

club owners, trainers and contractors

THIS SECTION OF THESE TERMS OF SERVICE APPLY ONLY IF YOU ARE AN ANYTIME FITNESS® CLUB OWNER, EMPLOYEE, OUTSIDE TRAINER OR OTHER CONTRACTOR WHO IS ALSO GIVEN ACCESS TO THE DATA OF OTHER USERS. You may use your ability to access data applicable to other persons (“Member Data”), and use the Member Data that is disclosed to you, solely for the purposes of providing assistance to the other person in that person’s use of this Site or ANYTIME FITNESS® CLUB facilities or services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others. You may not disclose any Member Data to any other person without the prior consent of Anytime Health. You acknowledge that in the event any Member Data in your possession or control is exposed or disclosed without authority, whether by your fault or not, Anytime Health may be required to give notice of such exposure to the affected members and to law enforcement authorities. You will be deemed responsible for any losses suffered by Anytime Health or by a member which are caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph.

general provisions

Anytime Health makes no representation or warranty that the products or services advertised or offered on this Site will be available at all times, or that they will be available on the basis of any indicated terms or conditions.

Any failure by Anytime Health to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Service shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Service, or arising out of any other dispute or claim associated with Anytime Health, venue shall be in the State of Minnesota only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State of Minnesota.

If any portion of these Terms of Service are held to be invalid, such holding shall not invalidate the other provisions of these Terms of Service.

Use of this Site is unauthorized (a) outside of the United States; and (b) in any jurisdiction that does not give full effect to all provisions of these Terms of Service, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

contact

For questions or comments related to this Site or these Terms of Service, please email Anytime Health at support@anytimehealth.com. Anytime Health shall have no confidentiality obligations with respect to any comments, suggestions, and materials you send Anytime Health. Any and all comments, suggestions, and materials you send Anytime Health shall become its exclusive property; and you hereby transfer, sell, and assign to Anytime Health all of your right, title, and interest in and to any such comments, suggestions, and materials, including without limitation, any and all copyrights, trademarks, patents, trade secrets and other proprietary rights.

© Anytime Health LLC 2013 - All Rights Reserved