myPATH.GoldsGym.com and GoldsGymMyPATH.com
Gold’s Gym welcomes you ("I" or "my") to myPATH including myPATH.GoldsGym.com and GoldsGymMyPATH.com (collectively, "myPATH"). myPATH is an online, web-based website and mobile app service by Gold’s Gym. myPATH allows Gold’s Gym Members to view and edit their gym membership account information (through i4, a third party club management software by Jonas Fitness, Inc., and through branded club mobile apps provided by Netpulse, Inc.), set up their fitness goals and track their fitness activities, interact with other myPATH members (including both Gold’s Gym members and non-members) via a myPATH community, have access to member support knowledgebase, FAQs, Forum(s), online chat, and ticketing system, and see special fitness and marketing materials. Both Gold’s Gym members and non-members have access to myPATH to establish a user account and to access Gold’s Gym materials and services, however, non-members will not have access to membership account information (through i4, a third party club management software by Jonas Fitness, Inc.) and member support features. Use of myPATH, and acceptance of this Agreement, does NOT establish a gym membership with any Gold’s Gym location.
2. myPATH Eligibility. I understand that use of myPATH is limited to participants who are at least eighteen years of age. I represent and warrant that I am at least eighteen years of age.
3. Use Agreement Modifications. Gold’s Gym may modify this Agreement at any time, and I am encouraged to check these terms periodically for changes. Such modification shall be effective immediately upon either posting of the modified agreement or by notifying me. My continued access to or use of myPATH constitutes my conclusive acceptance of the modified agreement.
4. myPATH Modifications. Gold’s Gym reserves sole and complete discretion with respect to the operation of myPATH. Gold’s Gym reserves the right to modify myPATH, in whole or in part, at any time for any reason, including but not limited to changes to any features, content, functionality, software or other items used or contained in the site. Gold’s Gym further reserves the right to suspend myPATH, including for periodic maintenance, equipment malfunctions or causes beyond Gold’s Gym's control. Gold’s Gym further reserves the right to terminate myPATH. My continued access to or use of myPATH constitutes my conclusive acceptance of any such modifications. I agree that Gold’s Gym shall not be liable to me for any such modification, suspension or termination of myPATH.
5. Electronic Communications. When I access or use myPATH, I understand that I am communicating electronically with Gold’s Gym. I expressly consent to receipt of electronic communications from Gold’s Gym whether by posting on myPATH or by the email address I provide by setting up my user account. Such communications from Gold’s Gym may NOT be limited to communications relating solely to myPATH, but may include communications relating to other promotions, services, programs and materials from Gold’s Gym and our sponsors, and I expressly agree to receiving such communications. I understand and agree that all agreements, notices, disclosures, authorizations, verifications, confirmations or other electronic communications that Gold’s Gym provides to me according to this paragraph satisfies any legal requirement that such communication be in writing.
6. Copyright and Trademarks. I understand that the entire contents of myPATH are copyrighted under the law as collective work and/or compilation. Gold’s Gym holds and owns the copyright and all other proprietary and intellectual property rights and title in and to the collective work, including but not limited to the pages, graphics, design, text, sound recordings, images, materials and content of myPATH, some of which may be trademarked. I agree that I will not copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from, any of the contents of myPATH, including any information, products or services, without Gold’s Gym's express written consent. I understand and agree that myPATH is solely for my personal, non-commercial use. Subject to these and any other express restrictions with regard to specific material, I understand that I may download information concerning my Gold’s Gym services or, if applicable, my membership, from myPATH solely for my personal non-commercial use, including as applicable information concerning my membership type, status, enrollment date, contact information, gym usage, transactions, packages and/or payment accounts, if applicable. I understand that by posting, submitting, transmitting, emailing, messaging, uploading, sharing, or otherwise making available (hereinafter "post" or "posting") any messages, text, files, images, video, photos, sounds, or other materials on or through myPATH ("User Content"), I am granting Gold’s Gym, its subsidiaries, affiliates, assigns, agents, franchisees, and licensees the irrevocable, perpetual, fully paid, non-exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and prepare derivative works of the User Content in or on myPATH, including but not limited to content from user posts, user profile information, fitness goals settings and results, and fitness activity results.
7. User Content. I agree that all User Content is the sole responsibility of the person from whom it originated. I agree and represent that I will only post User Content that I have created or that I have been granted permission to use, including specifically User Content on Discussion Boards or Forums. Gold’s Gym is not responsible for any User Content posted on myPATH, nor does it control the content made available by users of myPATH. I further understand that Gold’s Gym makes no representations or warranties concerning any efforts to review or monitor such User Content, including the extent to which it may be considered or construed as personal, private, inappropriate, inaccurate, offensive, profane, misleading or otherwise objectionable. I acknowledge that, while Gold’s Gym does not pre-approve or pre-screen User Content, Gold’s Gym has the right, in its sole discretion, to review User Content, and disable, remove, or delete any User Content that violates this Agreement, that may infringe a copyright or for any other reason. I further agree that Gold’s Gym shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with my use of, or my reliance upon, any such User Content.
8. Copyright Infringement Notification. Pursuant to the Digital Millennium Copyright Act ("DMCA"), Gold’s Gym has designated an agent ("Copyright Agent") to receive notices of claimed copyright infringement. If I (or an agent authorized to act on my behalf) believe in good faith that my work is on myPATH in a way that constitutes copyright infringement, please provide written notice to Gold’s Gym's Copyright Agent by email to email@example.com or by mail to Gold’s Gym, 4001 Maple Avenue, Suite 200, Dallas, TX 75219, Attn: Director of Legal Affairs , with the following information: (a) a physical or electronic signature of a person authorized to act on the copyright owner's behalf; (b) a description of the copyrighted work claimed to have been infringed; (c) a description of where the copyrighted work is located on myPATH, including if possible a URL; (d) your address, telephone number and email address; (e) a statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent or the law; and (f) a statement, 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. In accordance with the DMCA, Gold’s Gym may delete, remove or disable any infringing work, and may forward to the alleged infringer your written notice and its own notice that the work has been deleted, removed or disabled. Gold’s Gym reserves the right to terminate members who have posted infringing work.
If your content has been removed from the Site in response to GOLD’S GYM’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting GOLD’S GYM at:
Attn: Director of Legal Affairs
4001 Maple Ave., Suite 200
Dallas, TX 75219
Please include the following information:
- Your name, address, telephone number and email address;
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for GOLD’S GYM would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
- A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your written or electronic signature attesting to the above.
9. Equipment. I agree that I am solely responsible for purchasing, maintaining, and ensuring all equipment, programs and services necessary for, and compatible with, my access to and use of myPATH, including but not limited to computer hardware and software; electrical, telecommunications and internet access connections and links; health activity trackers; mobile health apps; and web browsers.
10. Passwords and Security. I understand that I must register for myPATH by creating a username and a password in order to access and use myPATH. I agree to maintain the security, confidentiality and integrity of my username, password, and any other security measures employed on myPATH. I am responsible for all access to and use of myPATH (including all financial transactions through i4, a third party club management software by Jonas Fitness, Inc.) under my username and password, including but not limited to access or use by any partner or secondary member, if applicable, whether or not authorized by me. I agree to immediately notify Gold’s Gym of any breach of security, including but not limited to unauthorized use of my username or password, and to immediately take all reasonable steps to prevent its further occurrence, including but not limited to changing my password.
11. Accuracy of My Personal Information. I represent and warrant that all information that I provide to Gold’s Gym through myPATH is current, accurate, complete and truthful, including but not limited to all initial or updated registration or membership information, including the legal name, street address, email address, telephone number, and financial transaction account information related to me or anyone on my membership. If a member of Gold’s Gym, I further specifically represent and warrant that I am an authorized account holder of any financial transaction account which I provide to Gold’s Gym through myPATH (or i4, a third party club management software by Jonas Fitness, Inc.) for payment of membership dues or other transactions.
12. Health and Wellness Information. myPATH contains information about leading a healthy lifestyle, including information on health, wellness, and fitness issues. I understand that such information is not intended to represent medical diagnoses, treatment or care and should not be used in place of consultation with or advice from your healthcare professionals. I understand that Gold’s Gym does not endorse or prescribe any such information submitted by users of myPATH. I also understand that I should consult my physician or healthcare professional before beginning or altering my personal exercise, diet or nutritional supplement program. Any health information I post on the myPATH community is viewable by all users of myPATH.
13. Termination of My Use of myPATH. Gold’s Gym may block, restrict, disable, suspend or terminate my access to or use of all or any parts of myPATH without prior notice or liability to me.
14. Inappropriate Use of myPATH. I agree that I will not post, submit, transmit, email, upload, share, store or otherwise make available any User Content:
- that is unlawful, illegal, threatening, abusive, harassing, stalking, intimidating, libelous, false, defamatory, invasive of another's privacy or publicity rights, violent, vulgar, obscene, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive or improper in Gold’s Gym's judgment;
- that is hateful toward an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, age, disability or religion;
- that violates any contract or agreement I have with Gold’s Gym, including but not limited to my Member Usage Agreement, General Terms Agreement, or Membership Application and Agreement (these agreements only apply to Gold’s Gym Members);
- that includes personal or identifying information about another person without that person's affirmative consent;
- that is false, fraudulent, misleading, misinformative, or deceptive;
- that constitutes or contains any form of commercial advertising, marketing, solicitation or promotion, including but not limited to messages and links for commercial purpose or benefit and any affiliate marketing, link referral code, junk mail, spam, chain letters, or pyramid or ponzi schemes; and
- that may interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of myPATH, including but not limited to User Content with a software virus or User Content in an excessive amount (e.g., flooding attack).
15. myPATH Community Gamification. I understand that the myPATH community provides users with points, badges, and leaderboard rankings that are for entertainment purposes only. I understand that these items have no monetary value nor are they applicable to any contest, sweepstakes, or giveaway, unless authorized by, and at the discretion of Gold’s Gym.
18. ASSUMPTION OF RISK AND WAIVER OF LIABLITY. I EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT IN ACCESSING AND USING MYPATH, INCLUDING BUT NOT LIMITED TO LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. I EXPRESSLY ASSUME THESE RISKS, AGREE TO ACCESS AND USE MYPATH AT MY OWN RISK, AND AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST GOLD’S HOLDING CORP., ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, FRANCHISEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, RELATED TO SUCH ACCESS OR USE (INCLUDING CLAIMS ON BEHALF OF MINORS ON MY MEMBERSHIP) FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY ME OR ANY PERSON ON MY MEMBERSHIP CAUSED AS A RESULT OF GOLD’S GYM'S NEGLIGENCE, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
19. DISCLAIMER OF WARRANTIES. I EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT I AM ACCESSING MYPATH ON AN "AS IS, WHERE IS, AND AS AVAILABLE" BASIS. GOLD’S GYM IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADAQUACIES IN THE CONTENT OF MYPATH OR ANY PARTICULAR FEATURES OR SERVICES OFFERED THEREIN. GOLD’S GYM DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON MYPATH OR THE ERROR-FREE USE OF MYPATH. GOLD’S GYM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF MYPATH. GOLD’S GYM IS PROVIDING MYPATH WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS, OTHER THAN THOSE WARRANTIES THAT ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT..
20. INDEMNIFICATION. I AGREE TO INDEMNIFY AND HOLD HARMLESS GOLD’S HOLDING CORP., ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, FRANCHISEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “THE INDEMNIFIED PARTIES”), FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM MY VIOLATION OF THIS USE AGREEMENT. I ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF MY USE OF MYPATH IN BREACH OF THIS AGREEMENT OR THE USER CONTENT I MAKE AVAILABLE VIA MYPATH BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO USER CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.
21. LIMITATION OF LIABILITY. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, I EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL GOLD’S HOLDING CORP., ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, FRANCHISEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO ME OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM MY ACCESS TO OR USE OF MYPATH, MY INABILITY TO USE OR MALFUNCTIONS OF MYPATH, STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO MYPATH.
22. Enforcement. If Gold’s Gym takes any action to enforce this Agreement, Gold’s Gym will be entitled to recover from me, and I agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Gold’s Gym may be entitled.
23. Other. To the extent that any part of the terms and conditions in this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, that part shall be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement shall remain in full force and effect. I agree that Gold’s Gym's failure to exercise or enforce a legal right, remedy or benefit which is contained in the Agreement or any applicable law does not constitute waiver of its right to do so later.