Terms of Service

Last Updated by Studio 68 on January 1, 2019

IMPORTANT! Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations.  By accessing the Site (as hereinafter defined), you are acknowledging and accepting these Terms of Service.

Agreement to Terms of Service

These Terms of Service (the “Terms of Service”) apply to the Studio 68 Fitness LLC (“Studio 68”) website located at studio68fitness.com, and the Studio 68 mobile application (collectively, the “Site”). The Site is the property of Studio 68.  As long as you comply with these Terms of Service and pay any required fees (if applicable), Studio 68 grants you a personal, revocable, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Studio 68, and is protected by copyright laws and various other intellectual property rights.

Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way without Studio 68’s express prior written consent.

Use of the Site

You may not attempt to gain unauthorized access to any portion or feature of the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You must be at least 18 years of age, or if you have parental consent, at least 13 years of age in the United States (“Minimum Age“). The Site is not intended for users under 13. You hereby affirmatively represent that (a) you are at least 13 years old; (b) you have the consent of your parent(s) to use the Site if you are under 18 years of age; (c) you have all the applicable rights and authority to grant Studio 68 the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms of Services. If you are not at least 13 years old, do not have parental consent, or you do not agree to all the terms and conditions of this Agreement, you may not use the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Studio 68 or others.

MINDBODY

Our Site interfaces with MINDBODY software to provide membership services to you including managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys.  When you purchase your Studio 68 membership, you authorize Studio 68 and MINDBODY to exchange the information you provide during membership application and registration and throughout your membership term and use of the Site.  Your account will be governed by both Studio 68 and MINDBODY’s respective privacy policies. You can view MINDBODY’s privacy policy here: https://www.mindbodyonline.com/privacy-policy.

Payment, Fees; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Studio 68 may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Studio 68 makes no commitment to update the materials on the Site with respect to such products and services.

If you elect to access any paid component of the Site, you agree to pay all fees and charges associated with that paid component on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services. You agree to maintain a valid payment method during the term of your use of such Site.

Use of the Site may involve transmission of data through your carrier or service provider’s network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. Studio 68 assumes no liability or responsibility for the payment of any charges you may incur.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Studio 68 immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Studio 68 or any other user of or visitor to the Site due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. Studio 68 cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Term and Termination

Subject to the terms of this section, these Terms of Service will remain in effect for as long as you use the Site. You may cancel your account and terminate these Terms of Service at any time and for any reason by contacting Studio 68. We may terminate these Terms of Service, and terminate or suspend your account, and your access to the Site at any time and for any reason by providing notice to the email address you provided us. Upon any termination of these Terms of Service, the rights and licenses granted to you hereunder, including your ability to access and use the Site, will immediately terminate, and you shall immediately cease using any and all Content and other similar materials in your possession or control that are proprietary to Studio 68. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of these Terms of Service. Any provision of these Terms of Service that should, by its nature, survive termination of this Agreement will survive its termination.

Changes in Terms

Studio 68 reserves the right, at its sole discretion, to change, modify, add or remove portions of the Site or these Terms of Service at any time and without prior notice. We will post any modification to these Terms of Service on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you accept and agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site. Please consult these Terms of Service regularly.

Privacy

Studio 68’s Privacy Policy explains the data we collect, use, store and share while you use and access the Site.  It applies to use of this Site, and its terms are made a part of these Terms of Service by this reference. By using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites

This Site may contain links to other independent third-party websites (“Linked Sites”). Linked Sites are provided solely as a convenience to our visitors. Linked Sites are not under Studio 68’s control, and Studio 68 is not responsible for and does not endorse the content of Linked Sites, including any information or materials contained on Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites.

Disclaimers

STUDIO 68 DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. STUDIO 68 CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. STUDIO 68 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STUDIO 68 DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY STUDIO 68 SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST STUDIO 68 FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Studio 68 reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Studio 68 be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Studio 68 has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Service, Studio 68 is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Studio 68’s liability shall in no event exceed the total of any fees with respect to any product, service or feature of or on the Site paid in the twelve months prior to the date of the initial claim made against Studio 68. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify, defend (at our option) and hold harmless Studio 68, its members, managers, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from and against all third-party demands, losses, liability, damages, claims or expenses (including attorneys’ fees), made against Studio 68 and arising out of or in connection with (a) your alleged or actual breach of these Terms of Service, including your express representations and warranties; (b) your use or misuse of the Site and/or Content; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.

Violation of These Terms of Use

Studio 68 may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Studio 68’s rights or property, or the rights or property of visitors to or users of the Site, including Studio 68’s customers. Studio 68 reserves the right at all times to disclose any information that Studio 68 deems necessary to comply with any applicable law, regulation, legal process or governmental request. Studio 68 also may disclose your information when Studio 68 determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Studio 68 may preserve any transmittal or communication by you with Studio 68 through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Studio 68 determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Service, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Studio 68, its employees, users of or visitors to the Site, and the public.

You agree that Studio 68 may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Studio 68, for which monetary damages would be inadequate, and you consent to Studio 68 obtaining any injunctive or equitable relief that Studio 68 deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Studio 68 may have at law or in equity.

You agree that Studio 68 may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Studio 68 does take any legal action against you as a result of your violation of these Terms of Service, Studio 68 will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Studio 68. You agree that Studio 68 will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Service.

Notices

We may send you any notices or other communications permitted or required hereunder, (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You are responsible for keeping your account information, including your email address, up to date. Studio 68 assumes no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Services.  Except as otherwise provided for herein, any notices required to be delivered to Studio 68 under these Term of Service may be delivered via first class registered U.S. mail, overnight courier, or personal service to Studio 68 Fitness LLC,  4650 Signal Tree Dr – Timnath, CO 80547 .

Assignment

Studio 68 may assign these Terms of Service or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, in our sole discretion and without your written consent.  You may not assign these Terms of Service in whole or in part, for any reason, without Studio 68’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and void. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties and their heirs, executors, personal representatives, administrators, successors and permitted assigns.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Larimer County, Colorado, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Studio 68 and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Studio 68 administers and operates the Site from its location in Timnath, Colorado USA; other Studio 68 sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Studio 68 reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and Studio 68 with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Studio 68 with respect to such use are hereby superseded and cancelled. Studio 68 will not accept any counter-offers to these Terms of Service, and all such offers are hereby categorically rejected. Studio 68’s failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by Studio 68 of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between Studio 68 and you or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide on the Site shall be deemed to be non-confidential. Studio 68 shall be free to use such information on an unrestricted basis. You may contact Studio 68 with any questions, comments, or complaints related to these Terms of Service here: Contact Studio 68.