Your relationship with Octane
Your use of Octane Fitness, LLC’s (hereafter referred to as “Octane”) products and services through Octane’s websites (collectively, the “Website”) is subject to the terms of a legal agreement between you and Octane. These Terms of Service (hereafter referred to as this “Agreement”) explains your agreement with Octane. Unless stated otherwise in writing, this is the entire agreement. This Agreement is a legally binding agreement between you and Octane in relation to your use of the Website. It is important that you review the entire Agreement carefully.
Accepting the Agreement
In order to use the Website, you must agree to be bound by the terms of this Agreement. You may not use the Website if you do not accept this agreement in its entirety. By accessing, browsing or utilizing the Website you are accepting, without limitation or qualification, this Agreement as stated herein, and acknowledge that any other agreement between you and Octane concerning the subject matter herein is superseded by this Agreement and of no force or effect. If you do not consent to this Agreement, you should not visit the Website in any manner whatsoever.
You may not use the Website if you are not of legal age to enter into a contract, you are not legally able to accept the terms of our Agreement, or you reside where local laws do not allow you to legally enter into our agreement. You should print a copy of this Agreement to save for future reference. You agree to be bound by the English version of this Agreement. Octane is constantly updating and improving the Website and you understand that the Website may change at any time without notice. As part of this improvement, Octane may choose to cease offering certain portions or the entire Website, including any offered E-Commerce products or services, at our discretion. You may stop using the Website at any time without notifying Octane. Your cessation of use of the Website does not relieve you of the obligations under this agreement.
Use of Services
Some portion of the Website may require registration. If you are required to provide information to use a particular service, you will keep your information correct and up to date at all times. If you are issued a username and password, you may not authorize any third party to access and/or use your username, password, or account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. You agree not to provide your username, password, or account information to any third party. You agree to notify us immediately of any suspicious or unauthorized use of your username, password, or account. If you fail to comply with the foregoing obligations, you will be held fully responsible for all activities conducted using your username, password, or account.
You may access and use the Website solely to view information about the services offered by Octane for your personal, informational, and noncommercial use or as expressly authorized by Octane. You agree not to access or use the Website for any other purpose including, without limitation, any purpose that is prohibited by this Policy or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Website. Octane may, in its sole discretion, terminate or suspend your access to, and/or use of, the Website, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Website is terminated, you will not thereafter access, or attempt to access, the Website, directly or indirectly, and (b) if your authorization to access the Website is suspended, you will not thereafter access, or attempt to access, the Website, directly or indirectly, until your suspension is removed and we give you express notice thereof.
You agree to use the Website only for purposes that are outlined in this agreement. You also agree not to attempt to use the Website other than a standard web interface. You agree not to engage in any activity that interferes with or disrupts any portion of the Website. You agree not to modify, reproduce, duplicate, copy, sell, trade, create derivative works, or resell the Website for any purpose unless you have received permission in writing from True.
When you visit the Website or send e-mails to Octane, you are communicating with Octane electronically. In so doing, you consent to receive communications from Octane electronically, whether by e-mail or by posting notices on the Website. By accessing the Website you thereby agree and acknowledge that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. You further acknowledge that any e-mail address you provide to Octane for electronic communications which is hosted by any third-party provider may be subject to agreements between you and such third-party provider, and that Octane assumes no responsibility for any communications accessed by such third-party provider.
Links to Other Sites
Octane does not guarantee that you will receive an alert when you leave the Website, and it is your responsibility to determine when you have left the Website.
Links to the Website
Anyone linking to the Website must comply with all applicable laws, the following guidelines and this Agreement. A Third Party Site may link to the Website, but may not replicate any content contained therein. In addition, any Third Party Site that links to the Website may not:
- – create a border or browser environment around Website content,
- – imply that Octane is endorsing it or its products,
- – misrepresent its relationship with Octane,
- – present false information about Octane, its products or services,
- – use the Octane logo or name or phrase without prior written permission from Octane (except for displaying the specific domain name as necessary to refer to the Website), or
- – contain illegal content, or content that could be construed as distasteful, offensive or controversial and should only contain content that is appropriate for all age groups.
All images, designs, icons, logos, photographs and other materials that appear or are accessible on the Website (“Website Materials”) are copyrights, trademarks and trade dress and/or other intellectual properties owned, controlled and/or licensed by Octane, its affiliates or other related entities. The use of Website Materials by you or anyone else authorized by you is prohibited unless specifically permitted by this Agreement. In addition to violating this Agreement, any unauthorized use of such images may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, rent, lease, loan, sell, or in any other manner distribute or create derivative works based on the Website Materials unless you have written permission from the property owner in a separate agreement.
You should assume that everything you see, read or access on the Website is copyrighted and owned by Octane unless otherwise noted, and may not be used except as provided in this Agreement without the express written permission of Octane.
User Posts; Standards of Conduct
You shall be responsible for all communications and material you submit, publish, post, upload, distribute or transmit (collectively, “Posts”) with respect to the Website, and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Website, you will not: (A) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (B) Post any topic, name, material, information, software or other content that is unlawful, harmful, threatening, abusive, tortuous, infringing, libelous, inappropriate, profane, vulgar, obscene, sexually explicit, pornographic, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (C) Post information, software or other material that you do not have a right to make available under any law (including patent, trademark, trade secret or copyright law) or under contractual or fiduciary relationships (unless you are the owner or has permission from the owner); (D) Post any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (E) Post, conduct or forward contests, advertisements for goods or services, pyramid schemes, chain letters, junk mail, spam or any other form of solicitation; (F) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity (G) falsify, forge or delete any author attribution, legal or other proper notice or proprietary designation or label of the origin or source of software or other material contained in a file that is posted, (H) interfere with or disrupt the Website or servers or networks serving the Website; (I) use any robot, spider or other automatic or manual device (other than those generally available to third party web browsers) to copy or monitor the Website; or (J) violate any applicable local, state, national or international law.
Claims of Copyright Infringement; Policy
Octane respects the intellectual property of others, and asks you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) 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; and (6) a statement by you, made under penalty of perjury, 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.
You hereby agree that Octane may, in its sole discretion and without notice or liability, (A) remove, or disable access to material on the Website that Octane believes may infringe on the rights of others, and (B) deny the services offered on the Website to any user, and terminate access by any user who is a repeat infringer of the intellectual property rights of any third parties.
You acknowledge and understand that Octane owns all legal right, title, and interest in and to the Website. This includes intellectual property rights, whether the property is registered or not and wherever in the world those rights exist. Octane provides you with a royalty-free, non-exclusive, non-assignable license to use the Website. This is solely for the purpose of using the Website as outlined in this agreement.
Limitation of Liability
Your use of and browsing of the Website is at your sole risk. Neither Octane nor any other party involved in creating, producing or delivering the Website is liable for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever arising out of your access to or use of, the Website even if Octane has been advised of the possibility of such damages. Without limiting the foregoing, YOU EXPRESSLY UNDERSTAND AND AGREE THAT (A) THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (B) OCTANE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, (C) ) OCTANE MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE OR ANY ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE, (D) ) OCTANE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS, (E) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (F) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, OR FREE FROM ERROR, AND (G) INFORMATION OBTAINED BY YOU FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE. IF YOUR USE OF THE WEBSITE OR THE CONTENTS THEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TRUE IS NOT RESPONSIBLE FOR THOSE COSTS.
Octane also assumes no responsibility and shall not be liable for any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of or browsing of the Website. In no event shall Octane’s total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you to Octane, whether or not any such amounts are actually paid, for accessing the Website or any of the content thereon.
Governing Law and Jurisdiction
Octane operates the Website within the United States of America, and this Agreement is governed by the laws of the United States of America and the State of Missouri, without giving effect to the conflict of law provisions thereof and expressly excluding any application of the United Nations Convention on Contracts for the International Sale of Goods. You agree that any legal action arising from or relating in any way to the Website will be brought exclusively in the Federal or State courts located in St. Louis County, Missouri, and you irrevocably agree to submit to the jurisdiction of such courts. Further, you agree to indemnify, defend and hold harmless Octane and its agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of the Website. If any provision of this Agreement shall be deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from the remainder of the Agreement and shall not affect the validity and enforceability of any remaining provisions.
Changes in this Agreement
Octane reserves the right to change, amend, adjust, add to or delete from this Agreement as stated here from time to time, as necessary and without notice. Octane advises that you check the Website frequently to obtain updates, and you expressly agree to be bound by any such updates.