Last Revised: January 7, 2015
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
Midtown Athletic Clubs, LLC, an Illinois limited liability company, and its affiliates, including but not limited to Midtown Le Sporting Club Sanctuaire (“Midtown Athletic Clubs,” “we,” or “us”), require that all visitors to our web site http://www.midtown.com/ (the “Site”) adhere to the following terms and conditions of use. By accessing and using the Site, you agree to be bound by and comply with the following terms and conditions of use (these “Terms”) and to comply with all applicable laws and regulations.
If you do not agree to these Terms, you are not authorized to use the Site AND WE ASK THAT YOU LEAVE THE SITE IMMEDIATELY.
We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site, to these Terms, or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”). We will attempt to notify you of such changes, including by sending you an email notifying of such changes, though all such changes shall be effective upon our posting them to the Site and your continued use of the Site indicates your acceptance of any such changes.
2. LICENSE TO ACCESS AND USE
(a) The Content of the Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download, print and store selected portions of the Content, provided you (i) only use these copies of the Content for your own personal, non-commercial use, (ii) do not copy or post the Content on any network computer or broadcast the Content in any media, and (iii) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading.
(b) We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.
(c) You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. Midtown Athletic Clubs reserves complete title and full intellectual property rights in any Content you download from this Site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Midtown Athletic Clubs.
(d) You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.
3. intellectual property and Copyright Notice
All of the Content you see on this Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Midtown Athletic Clubs, one of its affiliates or by third parties who have licensed their materials to Midtown Athletic Clubs. All of the Content of the Site is copyrighted as a collective work under U.S. copyright laws, and Midtown Athletic Clubs owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any personal information or any original creative materials such as stories, product ideas, computer code or original artwork.
By sending us any Comments, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in such Comments. You are fully responsible for any Comments you make and for the legality, reliability, appropriateness, and originality thereof.
6. USER CONDUCT
In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, you may not cause or permit any person to do any of the following:
(a) use the Site or Content for any unlawful purpose;
(b) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
(c) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;
(d) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;
(e) use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; or
(f) use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
Images of the Midtown Athletic Clubs logos can only be used upon receipt of express written permission from us.
8. USE OF TRADEMARKS
Except for the limited permission to use the Midtown Athletic Clubs logo as set forth in these Terms, you may not, without our express written permission, use any of Midtown Athletic Clubs trademarks or service marks for any other purpose.
THIS SITE AND ALL CONTENTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE 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 OUR SITE, AND THAT MIDTOWN ATHLETIC CLUBS, AND ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
MIDTOWN ATHLETIC CLUBS AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS SITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
While we will make every effort to keep content on this Site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on contact information and any other information regarding Midtown Athletic Clubs, its operations, programs, and offers, please contact a Midtown Athletic Clubs facility as provided on this Site.
10. LIMITATION OF LIABILITY
(a) IN NO EVENT WILL MIDTOWN ATHLETIC CLUBS, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, OUR “REPRESENTATIVES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE.
(b) UNDER NO CIRCUMSTANCES WILL MIDTOWN ATHLETIC CLUBS OR OUR REPRESENTATIVES BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF WE WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF MIDTOWN ATHLETIC CLUBS AND THE REPRESENTATIVES WILL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE EXTENT PERMITTED BY LAW.
(c) THE TERMS OF THIS SECTION 10(c) SHALL APPLY ONLY TO USERS OF THE SITE WITHIN THE UNITED STATES. WITHOUT LIMITING ANY OF THE FOREGOING, IF MIDTOWN ATHLETIC CLUBS OR ANY OF ITS REPRESENTATIVES IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT EXCEED $100 IN ANY CALENDAR YEAR.
You agree to defend, indemnify and hold harmless Midtown Athletic Clubs, its affiliates, and its and their owners, officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (a) any content, data, or information that you submit or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site; (c) your violation of these Terms; and (d) your violation of any rights of any third party. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.
The terms of this Section 12 shall apply only to users of the Site within the United States. These Terms will be construed and enforced in accordance with the laws of the State of Illinois. You submit to personal jurisdiction in Illinois, and any cause of action arising under these Terms or otherwise involving the Site must be brought exclusively in a court in Cook County, Illinois.
13. WAIVER OF JURY TRIAL
The terms of this Section 13 shall apply only to users of the Site within the United States. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
(b) Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
(c) Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.
(d) These Terms do not confer any rights, remedies, or benefits upon any person other than you.
(e) We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
(f) Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
(g) If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
(h) Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.
(i) Your discontinuation of use of the Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.
15. OTHER AGREEMENTS
If you have entered into a separate written agreement with Midtown Athletic Clubs or its affiliates with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.
Please contact us with any questions regarding the Site or these Terms at:
Midtown Athletic Clubs
3611 N. Kedzie Avenue
Chicago, IL 60618