Terms of Use

Terms of Use

Terms of Use



1. Introduction.

Welcome to the My Gym (“MY GYM”) web site (the “Site”). PLEASE READ THESE TERMS OF USE BEFORE USING THE SITE. By accessing the Site, using the Site or by clicking on a box that states you accept or agree to these Terms of Use, you are agreeing to comply with and be bound by the following Terms of Use. This Site is intended for entertainment purposes only and for users 13 years of age or older. If you are between the ages of 13 and 17 years old, please make sure to have your parent or legal guardian review and discuss these Terms of Use with you as well as MY GYM’s Privacy Policy and any other legal notices posted on this Site. If you do not agree to these Terms of Use and/or not yet 13 years old, please do not view, access, or otherwise use this Site.

The terms “MY GYM” or “us” or “we” or “our” refers to Gym Consulting, Inc. dba My Gym Enterprises, the owner of the Site, and its subsidiaries, affiliates, partners, agents, attorneys, officers, directors, and employees. The terms “you” or “your” refer to the user or viewer of the Site. The terms “use” or “using” in this agreement refers to any time when an individual (a “user”), directly or indirectly, (a) accesses or attempts to access, displays, views, prints or copies from the Site, (b) receives, transmits or exchanges data with the Site or with the Site’s users, (c) registers an account with the Site or registers for a MY GYM class, schedules a birthday party or purchases any other product or service via the Site, or (d) in any way utilizes, benefits from, or interacts with any feature, function, service of the Site for any purpose.

2. Modifications.

MY GYM reserves the right to change, modify, or otherwise alter the Terms of Use at any time and at our sole discretion without specific notice to you. MY GYM will post any updates to the Terms of Use on our Site. Please review the Terms of Use periodically. Your continued use of the Site following any changes, modifications, or other alterations to the Terms of Use shall constitute your acceptance to comply with and be bound by the revised Terms of Use.

3. Accounts, Registrations, and Purchase of Products and Services.

Certain sections of, or offerings from, the Site may require you to create an account by registering a unique user/log in name and password in order to access and/or use certain features, functions or services of the Site. If registration is requested, you agree to provide us with accurate, complete registration information. Please read our Privacy Policy, which describes the personal information we collect, use, manage, disclose and store. Each registration is for your personal use only. You may not allow any other person or entity to use your account information including your user/log in name or password for any reason. MY GYM is not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or any misuse or disclosure of your account information including your user/log in name or password. In the event you become aware of or believe there was or is any unauthorized use of your account including your user/log in name or password, you must notify us immediately by email at: mperez@mygym.com.

The Site may allow users to schedule and pay for classes and birthday parties, and other products and services. Please note that any classes and birthday parties are provided by the individual franchisee that owns and operates the MY GYM location at which the classes or birthday party is scheduled, and that Gym Consulting, Inc. dba My Gym Enterprises is not liable or responsible in any manner for such classes or birthday parties. The scheduling and purchase of such classes and birthday parties may be subject to additional restrictions, requirements, cancellations and refund policies as set forth on the Site or as provided by the franchised location at which they are scheduled (collectively “Additional Policies”). Contact the individual franchisee location for information on such Additional Policies. By scheduling or purchasing a class, birthday party or other product and service on the Site, you agree to such Additional Policies, to the extent they are applicable.

We reserve the right to terminate or suspend your account or ability to use or access the Site or any portion thereof for failure to comply with these Terms of Use, the Privacy Policy or any other legal notices on this Site, for infringing any copyright, trademark, or other intellectual property, or for any reason whatsoever.

4. Ownership of Intellectual Property.

The contents of this Site, including all software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics, databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the Site, including, without limitation, the sequence, arrangement, and selection thereof, and all trademarks, service marks, and trade names (individually or collectively the “Materials”) are the property of MY GYM and/or its subsidiaries, licensors, affiliates, assigns, or other respective owners. The Materials are protected, without limitation, pursuant to United States federal and state as well as the applicable foreign laws, regulations, statutes and treaties. The copying, redistribution, use or publication by you of the Materials or any part of the Site, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any Materials or other content viewed or accessed through the Site.

5. Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, non-assignable revocable license (a) to access and use the Site strictly in accordance with these Terms of Use, the Privacy Policy or any other legal notices on this Site; (b) to use the Site solely for personal and non-commercial purposes; and (c) to print out or copy discrete information from the Site solely for personal and non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

6. Forums/Chat Rooms/Message Boards.

Portions of this Site may permit you and other users to submit, distribute, transmit, upload, post or exchange opinions, ideas, information, messages, drawings, emails, photographs, profiles, video and audio files, text, images, or other materials or information onto the Site (“Post,” “Posting,” or “Postings”). You acknowledge, understand and agree that you may not post if you are under the age of 13 years old. You also acknowledge, understand and agree that you are solely responsible for any Posting including any consequences thereof.

In the event you originate and/or submit, upload, or otherwise transmit a Posting onto the Site or a Posting originates and/or is submitted, uploaded or otherwise transmitted from your account, you acknowledge, understand and agree that:

(a) The Posting must not contain any personal information to identify you, your account or any user of the Site;

(b) The Posting must comply with and not violate the Terms of Use, the Privacy Policy, and any legal notices on this Site including but not limited to Section 7 below;

(c) The Posting must not contain any other information or content that MY GYM considers in its sole discretion to be inappropriate for the Site;

(d) The Posting must not contain any personal attacks on any person, entity, or user;

(e) You represent and warrant that you possess any and all necessary rights in and to the Posting or Postings;

(f) The Posting must not infringe any legal, proprietary, intellectual property or other rights of person, entity, user, or third parties;

(g) Although free speech is permitted and encouraged, any Posting must not contain hate speech of any kind including, without limitation, speech that attacks, insults, or demeans a group of persons based on their race, sexual orientation, gender, age, disability, ethnicity, or veteran status;

(h) MY GYM possesses the right to change, use, delete, exploit and distribute the Posting in any manner and at our sole discretion;

(i) MY GYM shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or otherwise use of your Posting or any ideas, concepts, or other information or content in the Posting;

(j) Any and all Postings shall become the property of MY GYM and you authorize MY GYM to use the Posting in whole or in part, throughout the universe, in perpetuity in or on any media in any manner without any compensation to you or any person or entity; and

(k) You are 13 years of age or older.

MY GYM reserves the right but does not monitor, endorse, edit or screen any Postings. Postings do not necessarily reflect the views or opinions of MY GYM. You acknowledge, understand and agree that MY GYM shall neither assume nor has any responsibility or liability for any Postings or for any claims, damages, injury or losses resulting from the Postings, their use and/or appearance on the Site.

At our sole discretion, MY GYM reserves the right at any time and without any limitations to (a) delete and remove any Postings, (b) refuse to allow you or any user to post, (c) revoke your or any user’s right to post or use the Site, and (d) use any means or mechanisms necessary to enforce these Terms of Use, the Privacy Policy or any other legal notices on this Site

If you believe or have reason to believe that any Posting violates the Privacy Policy, the Terms of Use, or any legal notices on this Site, please notify us immediately by email with sufficient information to identify the Posting at: mperez@mygym.com.

7. Rules of Conduct.

You are solely responsible for any acts, omissions or activities that arise out of or relate to your use of the Site including your account information such as your user/log in name and password. Your access and use of the Site and any information or Materials therein (collectively defined as “Content and Materials”) are subject to all applicable United States federal and state as well as the applicable foreign laws, regulations, statutes and treaties. You understand, acknowledge, and agree your access and use of the Site and any Content and Materials therein are also subject to the following rules of conduct:

(a) MY GYM reserves the right to review, edit, reject, refuse, or delete any Content and Materials from the Site at any time;

(b) MY GYM reserves the right to review, edit, reject, or delete any text, information or other content you post, submit, upload or otherwise transmit to the Site;

(c) You may not transmit, copy, distribute, post, upload, or reproduce in any way, trademarks, service marks, copyrighted materials, or other proprietary or trade secret information without first obtaining written consent of the owner of such intellectual property, trade secret, or other proprietary information;

(d) You may not post, submit, upload or otherwise transmit any graphics, text, messages, Posts, photographs, images, audio or video files, artwork or other content or information onto the Site that:

(1) contains a virus or other harmful component or otherwise interferes with, impairs or damages the Site and any individual’s or entity’s use or enjoyment of the Site;

(2) infringes or violates the right of any individual or entity including, without limitation, (i) any right of privacy, (ii) any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right, or (iii) any contractual rights;

(3) is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous or otherwise harmful;

(4) constitutes hate speech;

(5) has a commercial or business related purpose or content;

(6) contains unlawful information; and

(7) does not generally relate or is inconsistent with any discussion, topic or theme of any of the Site’s forums, chat rooms, message boards, or online communities.

(e) You understand and agree that MY GYM has the right at any time to disclose any information, including any user’s personal information, which is necessary to comply with or satisfy any law or valid governmental request. This includes, without limitation, disclosure of information related to any investigation of purported illegal or criminal activities or compliance with a court order or subpoena;

(f) You may not create compilations or derivative works of any Content and Materials from the Site;

(g) You may not remove, change, obscure, or otherwise alter any copyright notice or other proprietary notice or Terms of Use contained in the Site;

(h) You may not use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations;

(i) You may not export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States;

(j) You may not interfere or attempt to interfere with the working or functionality of the Site or any activities conducted on the Site;

(k) No spamming. You may not post, submit, upload or otherwise transmit large amounts of repetitive or untargeted content. You may not create false or misleading descriptions, thumbnails, tags, or titles to increase views; and

(l) You may not access, view or otherwise use this Site if you are not yet 13 years of age.

8. Advertisers.

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. You understand, agree, and acknowledge that MY GYM is not responsible or liable for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

9. Contests, Sweepstakes, Promotions, and Other Activities.

Periodically, MY GYM, its advertisers or sponsors may conduct contests, sweepstakes, promotion or otherwise similar activities on or through the Site (“Contest”). Each Contest may be governed by its own set of rules and/or terms, which will be posted on the Site or otherwise made available to you and, for each Contest, will be deemed incorporated into and form a part of these Terms of Use. To the extent any rules or terms for a particular Contest conflict with these Terms of Use, the rules or terms of the particular Contest for which you choose to participate govern. You understand, agree and acknowledge that you may not participate in any Contest if you are not at least 13 years of age.

10. Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site including, without limitation, Postings, advertising or sponsorship, or hyperlinks. You understand, agree and acknowledge that MY GYM is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand, agree and acknowledge that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect MY GYM’s beliefs or opinions.

11. Links to Other Websites.

The Site contains links to other websites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such websites, and no information in such websites has been endorsed or approved by us. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. If you decide to leave our Site and access these third party websites, you do so at your own risk. These third party websites may also have privacy policies different than our Privacy Policy. You understand, agree and acknowledge that MY GYM shall not be responsible or liable for any direct, indirect, incidental, special or other damages caused by or related to the transmission, exhibition, exploitation or distribution of any information or content contained within or by these third party websites.

12. Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. You must review this Privacy Policy by clicking on this link. By using the Site, you agree to the terms and conditions of that Privacy Policy.

13. Errors, Corrections and Changes.

MY GYM does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any text, videos, photographs, postings, audio files, information or other content appearing on the Site.

14. Unlawful Activity.

MY GYM reserves the right to investigate complaints or reported violations of this Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

15. Copyrights and Copyright Agents.

MY GYM respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide our Copyright Agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your name, physical address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and

(f) 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.

Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

My Gym Enterprises
Attn: Jamie Bertisch, Copyright Agent
15300 Ventura Boulevard Suite 414
Sherman Oaks, CA 91403
Phone: (818) 907- 6966
Fax: (818) 907-0735
Email address: jbertisch@mygym.com

Upon receipt of the proper information from you that complies with the above requirements under the DMCA, MY GYM will investigate your claim. If MY GYM determines the material or works you described constitutes a copyright infringement, MY GYM will remove, disable access, and/or take down the infringing materials. MY GYM will notify the individual or entity that uploaded the infringing materials and permit them (the “Counter-Notifier”) to provide a counter-notification in writing to MY GYM’s designated copyright agent under the DMCA. The counter-notification must be written and include the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the work that has been removed or to which access has been disabled and the location where the work appeared before it was removed or access to it was disabled;

(c) Counter-Notifier’s name, physical address, telephone number, and email address;

(d) A statement by the Counter-Notifier consenting to the jurisdiction of a federal district court for the judicial district in which the Counter-Notifier’s physical address is located, or if the Counter-Notifier’s physical address is outside the United States, for any judicial district in which MY GYM may be found, and that Counter-Notifier will accept service of process from the person who provided notification of allegedly infringement or agent of such a person; and

(f) A statement by the Counter-Notifier, made under penalty of perjury, that he/she/it has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

16. Indemnification.

You understand, acknowledge and agree to be responsible for maintaining the confidentiality of your account information including but not limited to your user/log in name and password and for your account activity. You agree to indemnify, defend and hold us and our subsidiaries, affiliates, partners, agents, officers, partners, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, and product and service providers (collectively, "Affiliated Parties") harmless from any liability, loss, claim, damages, costs and expense (including, without limitation, to reasonable attorney's fees and costs) arising out of or related to your use of the Site, your account information and activity for and through the Site, or violation of these Terms of Use, Privacy Policy, and any legal notices on this Site. MY GYM reserves the right to hire our own separate legal counsel as well as assume or take exclusive control and defense of any matter subject to indemnification by you.

17. No Medical Advice.

MY GYM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION OR MATERIALS PRESENTED ON THIS SITE, WHICH ARE INTENDED FOR ENTERTAINMENT PURPOSES ONLY. ANY TEXT, VIDEOS, PHOTOGRAPHS, IMAGES, ARTICLES, DOCUMENTS, AUDIO OR VIDEO FILES, OR OTHER CONTENT FOUND ON THE SITE SHOULD NOT BE RELIED UPON OR SUBTITUTED FOR MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. PLEASE CONSULT YOUR PHYSICIAN BEFORE USING OR BEGINNING ANY EXERCISE PROGRAM OR TECHNIQUE. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL “911” IMMEDIATELY. MY GYM DOES NOT ADVISE THAT YOU SHOULD UNDERTAKE ANY PARTICULAR EXERCISE OR TECHNIQUE PRESENTED ON THIS SITE INCLUDING, WITHOUT LIMITATION, BY OTHERS APPEARING ON THIS SITE SUCH AS EXPERTS, DOCTORS, OR FITNESS TRAINERS OR ANY USER ON THIS SITE.

RELIANCE ON ANY INFORMATION OR MATERIALS PRESENTED ON THIS SITE BY MY GYM, OTHERS APPEARING ON THE SITE, OR USERS OF THE SITE IS SOLEY AT YOUR OWN RISK. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT MY GYM AND THE AFFILIATED PATIES SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE MATERIALS OR INFORMATION PRESENTED ON THE SITE INCLUDING, WITHOUT LIMITATION, ANY ADVICE OFFERED FROM ANY USER OF THE SITE OR OTHERS APPEARING ON THE SITE. YOUR USE OF THIS WEBSITE INDICATES YOUR AGREEMENT TO THESE TERMS.

18. Disclaimer.

THIS SITE IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. THE CONTENT, MATERIALS, AND ANY OTHER INFORMATION IN THIS SITE IS NOT INTENDED TO CONSTITUTE OR BE A SUBSTITUTE FOR LEGAL, PROFESSIONAL, MEDICAL OR OTHER HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT AND MAY NOT BE USED FOR ANY SUCH PURPOSES.

YOUR USE, ACCESS, OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS FROM, IN OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE FOREGOING, MY GYM IS NOT RESPONSIBLE OR LIABLE FOR ANY INTERRUPTIONS, LIMITATIONS, DELAYS, OMISSIONS, ERRORS, VIRUSES, DEFECTS, HARMFUL COMPONENTS, MALICIOUS CODE, INABILITY TO ACCESS, OR OTHER PROBLEMS ON OR WITHIN THE SITE INCLUDING THOSE ARISING OUT OF YOUR USE OF THE SITE.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT MY GYM AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MY GYM AND YOU. THIS SITE AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

THIS SITE MAY CONTAIN THE OPINIONS AND VIEWS OF OTHER USERS. MY GYM DOES NOT ENDORSE, GUARANTE, OR IS RESPONSIBLE FOR THE ACCURACY, VERACITY, OR EFFICACY OF ANY CONTENT, INFORMATION OR POSTINGS GENERATED BY OUR USERS.

19. Limitation of Liability.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT MY GYM AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE THEREFROM, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, (C) YOUR USE OF THE SITE AND/OR ACCOUNT INFORMATION INCLUDING USER/LOG IN NAME AND PASSWORD, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF A COVERED PARTY.

THE AGGREGATE LIABILITY OF MY GYM AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, ITS MATERIALS AND/OR THE PRODUCTS, TEXT, DOCUMENTS, AUDIO AND VIDEO FILES, PHOTOGRAPHS, SERVICES, OR OTHER INFORMATION PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST MY GYM AND ANY OF OUR AFFILIATED PARTIES.

20. Legal Compliance.

You acknowledge, understand and agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

21. Applicable Law, Venue and Jurisdiction.

This Terms of Use agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States without regard to conflict of law principles. You agree that any claim or dispute you may have arising out of or related to the Site including, without limitation, your use of the Site, the Site’s Contents and Materials, your account information for the Site, and/or these Terms of Use, the Privacy Policy, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims that are not subject to arbitration as set forth in Section 22 below in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Los Angeles, California.

22. Arbitration.

Except as set forth in Section 21 above, any claim or dispute arising out of or related to the Site including, without limitation, your use of the Site, the Site’s Content and Materials, your account information for the Site, and/or these Terms of Use, the Privacy Policy, and any legal notices on this Site, excluding legal action taken by MY GYM to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and MY GYM services, shall be settled solely by binding arbitration in the County of Los Angeles, California. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Such arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) (www.jamsadr.com) pursuant to the JAMS’ Comprehensive Arbitration Rules. The arbitrator’s award shall be binding and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS. The prevailing party of the arbitration is entitled to attorneys’ fees and costs.

23. Severability.

If any provision of the Terms of Use is deemed invalid or unenforceable, such invalidity or unenforceability shall not affect or limit the validity or enforceability of any other provision hereof, shall remain in full force and effect. If a provision is deemed invalid or unenforceable due to its scope or breadth, such provision shall be deemed valid to the extent permitted by law.

To the extent that anything in or associated with the Site is in conflict or inconsistent with the Terms of Use, the Terms of Use shall take precedence. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under the Terms of Use shall survive any termination of this Terms of Use agreement.

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