PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY.
Life Time Fitness, Inc.’s End-User License Agreement (“EULA”) is a legal agreement between you and Life Time Fitness, Inc. (“Life Time”) for the App, including any associated software components. The App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The App is licensed, not sold. Life Time reserves all rights not expressly granted to you herein.
This agreement contains warranty and liability disclaimers that may affect your legal rights. By installing, copying, or otherwise using the app, you agree to be bound by the terms of this EULA. This EULA represents the entire agreement concerning the app between you and Life Time, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the app.
2. DATA COLLECTION AND USE. Life Time will not collect or store any personally identifiable information from you directly from the App itself. However, you may be given the opportunity to link to other sites that may use, collect or store certain information about you and you should read the applicable terms and conditions for such sites to determine how your information may or may not be used, collected or stored.
4. COMPLIANCE WITH RULES, APPLICABLE LAWS AND EXPORT. Your use of the App is subject to the terms and conditions of Life Time and Experience Life, which are subject to change at any time. You must comply with all applicable laws regarding use of the App. You agree not to export or re-export the App to any country in violation of the export control laws of the United States of America.
5. TERMINATION . This license is effective until terminated by you or Life Time. Without prejudice to any other rights, Life Time may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the App in your possession. Life Time reserves the right to terminate this EULA for any reason and without any further notice to you.
6. COPYRIGHT. All title, including but not limited to copyrights, in and to the App and any copies thereof are owned by Life Time. All title and intellectual property rights in and to the content which may be accessed through use of the App is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Life Time.
7. NO WARRANTIES. Life Time expressly disclaims any warranty for the App. The App is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Life Time does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the App. Life Time makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Life Time further expressly disclaims any warranty or representation to you or to any third party.
8. LIMITATION OF LIABILITY. In no event shall life time or its suppliers, including any third party data providers, be liable to you or any other party for any accidents, property damage, personal injury, death, or any compensatory, indirect, incidental, special, or consequential damages (including, without limitation, indirect, direct, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the app and any third-party goods, services, data or content, even if life time has been advised of the possibility of such damages. Life time shall have no liability with respect to the content of the app or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. Some states and countries do not allow the exclusion of incidental or consequential damages, so the above limitations may not apply to you.
9. Miscellaneous. This EULA and the use of the App shall be subject to and governed by the laws of Minnesota, excluding its conflicts of law rules. Your use of the App may also be subject to other local, state, national, or international laws. Any disputes arising out of this EULA or the App shall be heard by the state or federal courts within the state of Minnesota and you hereby waive any right to a trial by jury. You are responsible for any applicable charges and fees associated with any data plan fees or charges of any kind that may be required by your carrier when accessing or using the App. You are also responsible for charges for any purchases made within the App and for compliance with any additional terms and conditions associated with the purchase of goods or services from Life Time or a third party using the App. No delay or failure by Life Time to enforce any right or provision of this EULA shall be considered a waiver thereof. This EULA will bind and inure to the benefit of any permitted successors and permitted assigns of the parties. If any provision of the EULA is determined to be invalid, illegal or unenforceable, the remaining provisions of this EULA will remain in full force, if the essential provisions of this EULA for each party remain, valid, legal, and enforceable. Life Time reserves the right to amend this EULA or the App at any time and without notice to you. If you do not agree to, or cannot comply with the EULA as amended, you must stop using the App. You will be deemed to have accepted the EULA as amended if you continue to use the App after any amendments have been made to the EULA.