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TERMS OF USE
Payment and Renewal
General Terms
By selecting a product or service, you agree to pay Etage Athletic Club the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
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Automatic Renewal
Unless you notify Etage Athletic Club before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Etage Athletic Club in writing.
Services
Fees, Payment
By signing up for a Services account you agree to pay Etage Athletic Club the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Etage Athletic Club reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time on thirty (30) days written notice to Etage Athletic Club.
Responsibility of Website Visitors
Etage Athletic Club has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Etage Athletic Club does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Etage Athletic Club disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which etageathletic.com links, and that link to etageathletic.com does not have any control over those non-Etage Athletic Club websites and webpages, and is not responsible for their contents or their use. By linking to a non-Etage Athletic Club website or webpage, Etage Athletic Club does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Etage Athletic Club disclaims any responsibility for any harm resulting from your use of non-Etage Athletic Club websites and webpages.
Copyright Infringement and DMCA Policy
As Etage Athletic Club asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by etageathletic.com violates your copyright, you are encouraged to notify Etage Athletic Club in accordance with Etage Athletic Club’s Digital Millennium Copyright Act (“DMCA”) Policy. Etage Athletic Club will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Etage Athletic Club will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Etage Athletic Club or others. In the case of such termination, Etage Athletic Club will have no obligation to provide a refund of any amounts previously paid to Etage Athletic Club.
Intellectual Property
This Agreement does not transfer from Etage Athletic Club to you any Etage Athletic Club or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Etage Athletic Club.
Etage Athletic Club, etageathletic.com, the Etage Athletic Club logo, and all other trademarks, service marks, graphics and logos used in connection with Etage Athletic Club or the Website are trademarks or registered trademarks of Etage Athletic Club or Etage Athletic Club’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Etage Athletic Club or third-party trademarks.
Partner Products
By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
Terms & Conditions
Etage Athletic Club reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Etage Athletic Club may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Etage Athletic Club may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your etageathletic.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Etage Athletic Club if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Etage Athletic Club’s notice to you thereof; provided that, Etage Athletic Club can terminate the Website immediately as part of a general shut down of our service.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Etage Athletic Club and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Etage Athletic Club nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Etage Athletic Club, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Etage Athletic Club under this agreement during the twelve (12) month period prior to the cause of action. Etage Athletic Club shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Etage Athletic Club Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Etage Athletic Club, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Etage Athletic Club and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Etage Athletic Club, or by the posting by Etage Athletic Club of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Pennsylvania, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Allegheny County, PA. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Pittsburgh, PA in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Etage Athletic Club may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.