TERMS & CONDITIONS

EXURB FITNESS TERMS OF USE

Effective Date: April 2, 2021

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY EXURB FITNESS PLATFORM AND/OR FACILITY. 

WAIVER AND RELEASE

Welcome to the EXURB FITNESS community!  You are reading these Terms because you are using an EXURB FITNESS website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, including physical use of the gym and equipment, all of which are part of EXURB FITNESS’s Platform (“Platform”).  You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”.  Your carrier's normal rates and fees apply to your Device.

Physical exercise can be strenuous and subject to risk of serious injury, the club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity or use any club amenity on the premises or off premises including any sponsored club event, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility, and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property.

This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment (c) our instruction, training, supervision, or dietary recommendations and (d) your slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas.

You acknowledge that you have carefully read this "waiver and release" and fully understand that it is a release of liability. You expressly agree to release and discharge the health club, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the club for negligence, personal injury or property damage.

Note: Should any part of this agreement is found by a court of law to be against public policy or in violation of any state statute or case precedence, then the remainder of this document will remain in full force.

COVID REQUIREMENTS  

As mandated by the state of MD and VA  you will wear a face covering at all times while in the facility. You will remain conscious of both yours and other members safety while in the gym. You will follow any and all requirements set by EXURB FITNESS, or local and national government agency. For the intentions to reduce the spread of COVID 19.

You will maintain a 6’ distance to others in the facility.
You will not share access with anyone else.
You will replace all equipment back to its original location.
You will sanitize equipment before and after each use.
You have already filled out the virtual COVID code of conduct.

These Terms create a legally binding agreement between you and EXURB FITNESS and its affiliates (which we may refer to as “EXURB FITNESS,” “we,” “us,” or “our”) regarding your use of the Platform.  A few important points:

• Our Terms May Change.  Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you.  We may update these Terms from time to time.  If a material change is made, we will post a notice on the Platform or send you a notification.  Read through any changes, and if you don’t agree to them, please stop using the Platform.  If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.  
• Terms of Sale.  By making any purchase with us, you also agree to the Terms of Sale that apply in your country or region. 
• Privacy Policy.  Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.
• Important Notice for Amateur Athletes.  You are responsible for ensuring that your participation on the Platform does not affect your eligibility as an amateur athlete.  Please check with your amateur athletic association for the rules that apply to you.  EXURB FITNESS is not responsible or liable for your use of the Platform resulting in your ineligibility as an amateur athlete. 

1. GROUND RULES

Eligibility.  You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian.  There may be certain age restrictions for specific Platform services in various countries.

Rules for Registration.  When you register for an account with us, the following rules apply:

• Be True:  Provide accurate and current registration information.
• Be You:  Keep your registration personal.  Do not register for more than one EXURB FITNESS account, register a EXURB FITNESS account on behalf of someone else, or transfer your account.
• Be Secure:  Keep your username, password and other login credentials secure and do not allow anyone else to use your account. 
• Be Responsible:  Inform EXURB FITNESS immediately of any unauthorized use of your EXURB FITNESS account.  You are responsible for anything that happens through your EXURB FITNESS account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EXURB FITNESS IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.  

2.  OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by EXURB FITNESS or others we license Content from, and is protected by copyright, trademark, patent and other laws. EXURB FITNESS reserves all rights not expressly described in these Terms.

• All trademarks, service marks and trade names (e.g., the EXURB FITNESS name and the Swoosh design) are owned, registered and/or licensed by EXURB FITNESS.  You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
• You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
• To the extent EXURB FITNESS approves the download or use of Content comprised of copyrights or copyrightable works, EXURB FITNESS grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as EXURB FITNESS makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use.  EXURB FITNESS reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason.  EXURB FITNESS reserves the right to take down any Content in violation of these terms or EXURB FITNESS’s intellectual property rights.  EXURB FITNESS allowing you this limited use does not constitute a waiver of any of EXURB Fitness’s rights to the Content. 
• Outside of the specific usage rights granted to you by EXURB FITNESS in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without EXURB FITNESS’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

3.  POSTING CONTENT ON THE PLATFORM

User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.”  Exurb Fitness is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to EXURB FITNESS as described below:

• You represent that you have the right to post your User Content, and you grant EXURB FITNESS a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. EXURB FITNESS may, in its sole discretion, remove any User Content at any time.  
• You understand that deleted User Content may persist in EXURB FITNESS’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law. 

LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.  You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to EXURB FITNESS a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services. 

4.  USER CODE OF CONDUCT

We’re excited to have you contribute to the EXURB FITNESS community.  Here are a few basic rules:

• Be Original.  Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content. 
• Be Safe. 
  • Do not do anything that may expose EXURB FITNESS or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
  • Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
  • Do not use any data mining, robots, scraping or similar data gathering methods.
  • Unless we indicate otherwise, our Platform is a public place.  Do not post personal information to the Platform - yours or anybody else’s.
• Be Personal.
  • Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
  • Do not collect or solicit personal information from other Platform users or send unsolicited messages.
  • Do not use automated technology to interact with the Platform.
  • Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. EXURB FITNESS has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
  • Be Yourself.  Do not impersonate any person or organization, including athletes or EXURB FITNESS employees.
• HAVE FUN!

5.  COPYRIGHT INFRINGEMENT

Please consult your legal advisor before filing a notice with us because there may be penalties for false claims.  EXURB FITNESS may terminate the accounts of Platform users found to infringe third party copyrights.

If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information

(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Platform the content that you claim is infringing is located;

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send copyright infringement complaints to:

6.  PARTNERS ON THE PLATFORM

From time to time, EXURB FITNESS may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).  You may be able to connect with these Third Parties through the Platform, but this does not mean EXURB FITNESS endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies.  You should carefully review any Third Party’s sites and terms of use and privacy policy. EXURB FITNESS is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

7.  IMPORTANT DISCLAIMERS

PHYSICAL ACTIVITY The Platform may include features that promote physical activity, nutrition or general wellness.  They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.  

• Consider the risks involved and consult with your medical professional before engaging in any physical activity. 
• Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform. 
  • TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EXURB FITNESS IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM.

USER INTERACTIONS.  To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions. 

• Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be.  EXURB FITNESS is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you. The Platform, Content, and the materials and products on this Platform are provided "AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EXURB FITNESS IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.    

• EXURB FITNESS does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.  
• To the fullest extent permitted by law, EXURB FITNESS disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
• You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
• We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.

8.  TERMINATION

EXURB FITNESS may terminate or modify any Exurb Fitness Platform, member program, product or service at any time without notice.

EXURB FITNESS may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Exurb Fitness, subject to applicable law.    

• You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
• These Terms remain in effect even after your account is terminated or you have stopped using the Platform.

9.  INDEMNIFICATION / LIMITATION OF LIABILITY

We want you to enjoy our Platform, but EXURB FITNESS must also protect itself from any damages you may cause.

Indemnification and RELEASE.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. You agree to indemnify, defend, and hold harmless EXURB FITNESS Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “EXURB FITNESS Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the EXURB FITNESS Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.

LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you.   NONE OF THE EXURB FITNESS PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A EXURB FITNESS EVENT OR EXURB FITNESS PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF EXURB FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST EXURB FITNESS IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF EXURB FITNESS IS