Your access to and use of our www.thelittlegym.com Web site, and our www.childrenssuccess.com Web site, and the Web sites of our franchisees, (collectively referred to in this Terms as “Sites”) are subject to these terms and any other terms set forth through the Sites as modified by us at any time (the “Terms”). If you visit or use the Sites you accept these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT VISIT OR USE THE SITE.
This Web site is owned by The Little Gym International, Inc. (“TLGI” or “we”, “our” or “us”). Franchisees are independently owned and operated, and maintain their sites under license from us.
General
While we attempt to make the Sites accurate, we do not guarantee or endorse the accuracy or reliability of any of the information or content contained on, distributed through, or accessed from the Sites. Use of the Sites, and any reliance upon any content on the Sites, is at your sole risk. We may change or update the Sites at any time. You agree to use the Sites and related content in compliance with laws and in a manner that does not in our judgment reflect negatively on us.
User Content; Prohibited Content; Social Media and Posts
Even though portions of our Sites may allow posting of content or registration as a user, you are prohibited from posting or transmitting any:
1. Harmful material such as viruses, worms and spy-wear; or
2. Unlawful, false, fraudulent, impersonating or forging, threatening,
defamatory, obscene, abusive, or profane material; or
3. Any material that could infringe any intellectual property or
privacy or other rights, or violate any law
All of which is included in “Prohibited Content”. We may disclose the identity of anyone posting or transmitting any Prohibited Content, and we may disclose the identity of other third party posters if required by law.
Any user comments, content, materials or communications related to the Sites in any manner, including any social media or comments section accessible from the Sites may not contain Prohibited Content. You grant us a perpetual paid up royalty free license to use, copy, exploit , sublicense, adapt, perform, and modify all such User Content once posted or transmitted. We may monitor, disclose, transfer, edit or delete any User Comments at any time, and may terminate your access to the Sites, and you have no expectation of privacy or ownership of User Content. We may use User Content and ideas suggested by users for any purpose, including reproduction, disclosure, transmission, publication, broadcast and in developing products and services.
If you want to report any violations of these Terms, please e-mail us. We do not warrant, verify, or guarantee the quality or accuracy of information that you may access. You understand that you shall remain solely liable for any and all content that you post. We assume no responsibility or liability arising from the posting of Prohibited Content on the Sites. We are not responsible for any content from third parties and do not endorse it. We may not monitor third party postings, but reserve the right to do so.
No Liability for Damages
We do not warrant that the Sites will be uninterrupted or error-free. We will not be liable or responsible for any direct, incidental, consequential, indirect or punitive damages or injuries, including but not limited to errors, omissions, typographical errors, delays in transmission, mistakes, interruptions, deletion of files, and delays in operation, your reliance on or use of any information, service, or merchandise provided on or through the Sites, or any failure of performance caused by or arising out of use of or access to any content or information contained in the Sites, the content of any sites hyperlinked to the Sites, even if we are negligent or have been advised of the possibility of such damages. The above limitation of liability may not apply to you where applicable law does not allow for such limitations.
Computer Data Safety
WE DO NOT WARRANT THAT THE SITES, OR RELATED SOFTWARE, DATA, EMAILS, PRODUCTS OR SERVICES ARE FREE FROM DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS. You are solely responsibility to restrict access to your computer and to your email address, password and any other personal information you use relating to the Sites. You also are solely responsibility for any activity that occurs using your personal information. You should take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves, and other problems.
Indemnification
You agree to defend, indemnify, and hold us, our affiliate companies, employees, directors, officers, agents, independent franchisees, independent vendors, content or service providers, harmless from any and all losses, liabilities, claims, expenses, attorneys’ fees and damage awards, by any third party that arise from or relate to any claim, action, or demand, by your visit to use of or communication with any of the Sites. You specifically waive all claims and defenses, and will indemnify us from third party claims, that arise from your: (a) breach of these terms; or (b) third party user content and posting and our actions or lack of action regarding such content and posting.
Our Ownership and Your Use of Site
The Sites, including and all content, images, photos, text, designs, data compilations, organization, selection, and arrangement, and software within or related to the Sites, are our property. We grant you a non-exclusive license to use the Sites solely for your personal, non-commercial use.
The Sites are protected by copyright and may not be distributed, modified, reproduced or used, in whole or in part, without our prior written consent. You may not copy, download, or upload any portion of the Sites except for: (i) automatic page caching; and (ii) to the extent necessary to use the Sites for its intended personal, non-commercial use, for example to buy products or to register for offers or classes.
The Sites are intended solely for the personal information of the user. You may not re-sell our products and services. You may not use the Sites or related materials for commercial use. You may not send unsolicited communications either: (a) using the Sites or related content, or (b) related to the Sites, except in ways designated for that purpose.
You may not utilize framing to enclose any of our trademarks or designs. You may not use any metatags or any other "hidden text" utilizing our trademarks. You may not use any deep-links, page scrape, robots, or other automated method to access, copy, or distribute any part of the Sites. You may not send unsolicited email to us, our franchisees, or others identified by or through our Web site. You may not use information on our Sites to contact or solicit us, or our franchisees except as may be permitted on the Sites for non-commercial purposes, or customers or their children.
THE LITTLE GYM, THE LITTLE GYM & DESIGN other logos, page headers, icons, domain names, service names, and trade dress are common law trademarks, registered trademarks or trade dress of TLGI (collectively “Marks”). Our Marks may not be used by you in connection with any product or service that is not TLGI’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages us. All other trademarks not owned by TLGI that appear on this site are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by TLGI.
Our Copyright Agent
We respect the rights of copyright holders and will delete and may terminate user privileges users who infringe those rights. If you believe that the copyright in your work has been infringed, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right t that is allegedly infringed;
b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notifications accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Copyright Agent:
Dorsey Whitney
Attn: Gary Duvall
1420 Fifth Avenue, Suite 3400
Seattle, Washington 98101
Links
The Sites may link to sites not maintained or related to us. Links may be provided as a convenience to you and are not sponsored or endorsed by or affiliated with us. We have not reviewed the sites linked to or from the Sites and are not responsible for the content of any other sites. The links are to be accessed at your own risk, and we make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to the Sites. You should review the Terms and Privacy Policies of such other sites, which may be different from ours.
Franchisee Sites Terms
Each The Little Gym franchised gym is independently owned and operated by a franchisee. As such, each The Little Gym franchise has adopted their own policies, including those related to customer refunds and privacy policies. Please contact the individual franchise owner for more information.
Third-party Information
The Sites may contain links to or information produced by third parties, including information obtained from or produced by industry or market analysts. The accuracy and completeness of the information is not guaranteed. Further, no estimates or forecasts by third parties have been independently verified by TLGI, and we do not make any representations regarding this information.
Limitation of Warranties
OUR PRODUCTS AND SERVICES ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF A WRITTEN AGREEMENT BETWEEN US AND THE PURCHASER.
THE MATERIALS, SERVICES, AND INFORMATION IN THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Miscellaneous
We may modify or discontinue all or part of these Sites at any time. We may block or limit your access to these Sites for any reason, including if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of these Sites; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; (d) you breach any other agreement with us.
Please review our Privacy Policy, which also governs your visit to our Sites, to understand our privacy practices. Click [here] to view our Privacy Policy. You will also be subject to any posted terms that might govern any of our present or future programs, such as those of any gift or loyalty card term, online enrollment, payment terms, etc.
These Terms and any dispute related to it or to the Sites are governed by the laws of the State of Arizona, in the United States of America, without giving effect to its conflicts of laws provisions. You hereby agree that the exclusive venue and jurisdiction for the resolution or litigation related to the Terms or Sites is state or federal courts in the State of Arizona. If any portion of the Terms is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
These Terms set forth the entire understanding and agreement between us with respect to the Sites and any materials, communications, transmissions, or posting to the Sites. We may revise these Terms at any time. You are bound by any such revisions, so you should periodically review the current Terms.
LAST UPDATE
These Terms of Use were last updated on October 12, 2009.
OUR CONTACT INFORMATION
If you have questions or comments about these Terms of Use, please contact us using the information on our Contact Us page.