Website User Agreement
Curves International, Inc. a Texas Corporation, including its subsidiaries, affiliates, successors and assigns, (“CURVES“) (“we“) operates this website. By accessing this site, you acknowledge and agree to all of our terms and conditions below, and otherwise contained on or referenced in this site (the “Agreement”).
IN THE EVENT YOU DO NOT AGREE TO ANY CHANGES OR MODIFICATIONS THAT ARE MADE BY CURVES YOU SHOULD IMMEDIATELY CEASE USE OFTHE WEBSITE AND NOTIFY CURVES IMMEDIATELY AT [email protected]
The Website is a complementary information and interactive community service offered by CURVES at no charge to users of the site, with the express condition that these users agree to be bound by the terms and conditions set forth in this Website User Agreement.
CURVES engages in the promotion of good citizenship and safety within the Internet community. Should CURVES become aware of any inappropriate use of the Website, in its sole discretion CURVES will respond in any way that it deems appropriate and warranted under the circumstances. You acknowledge that CURVES has the right to report to the appropriate law enforcement authorities and/or any other appropriate governmental agencies any actions or conduct that may be considered illegal, as well as any reports it receives of such actions or conduct. When requested, CURVES will cooperate fully with all law enforcement and governmental agencies in any investigation of alleged illegal activity on the Internet. The Website is owned and operated by Curves International, Inc., one of the largest fitness franchises in the world, with offices at 100 Ritchie Road, Woodway, Texas 76712 (company ID number 549300G33ULS2XT4OC33) (VAT number 01-1822085). Curves is an active member of both IHRSA and the International Franchise Association.
Description of Service
CURVES currently provides users access to an extensive amount of resources, including, but not limited to, public forums, health and medical content, online tools, calendaring, email, to-do lists, bookmarks, other personalization features, book/publication offerings, and various communication tools (the “Service”). CURVES assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you.
You acknowledge that the information on the Website is provided “as is” for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Postings offering medical advice should be discussed with your licensed physician before relying or using the same.
You should consult your doctor before starting Curves Complete or any other diet or weight loss program. Individuals who have any medical condition, including heart or cardiovascular conditions, stroke, kidney disease, gall bladder disease, diabetes, gout, hypoglycemia, chronic infections, or anyone using medication for any other condition should consult their personal physician. Pregnant women or nursing mothers should not be on any weight loss program unless it is recommended by their physician. This program is for adults.
Website Security, Use and Storage
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) engaging in any illegal conduct or violating any applicable local, national or international law or regulation; (b) deleting or revising, or attempting to delete or revise any information entered on the Website by any person other than yourself without their specific written authorization; (c) accessing or attempting to access data not intended for you or logging into a server or account which you are not authorized to access; (d) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (e) using or attempting to use any software robot, spider, other automatic device or manual process to monitor or copy Website pages or the content contained therein; (f) interfering or attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting or attempting to submit a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing”; (g) registering, subscribing or unsubscribing, or attempting to register, subscribe or unsubscribe any party for any CURVES product or service if you are not expressly authorized by such party to do so; and/or (h) sending unsolicited e-mail, including promotions and/or advertising of products or services.
Violations of our policies or the system or network security will result in immediate termination of all rights to use the Website and may result in civil or criminal liability. CURVES will take any and all steps to protect and preserve the Website. CURVES will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
CURVES requests that its users work together to keep the Website and the Services thereon working properly and safely. Please report problems, offensive content, and policy violations to [email protected].
Protection and Use of Data
Usage of Content
Unless otherwise indicated, all information contained on this Website, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to Curves International, Inc., and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without CURVES’ prior written consent, except that the user may make such temporary copies in a single computer’s ram and hard drive cache as are necessary to browse the Website. The user may also make a single copy of the content displayed on any page of the Website to be used by the user for personal and noncommercial uses which do not harm the reputation of CURVES, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.
Trademarks, Copyrights and Licences
Curves; Curves For Women; Curves Complete; The Power To Amaze Yourself; CurvesSmart; Curvaceous; FitCurves; 30 Minute fitness & Weight Loss Center; Strengthening Women; and, other marks, are registered service marks of Curves International, Inc. CURVES has filed domestic and international copyrights and trademarks under the appropriate laws of each jurisdiction necessary to protect the entire contents of the website. CURVES, its affiliates and subsidiaries and/or other third party licensors, are the owners of all intellectual property, copyrights and trademarks. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Website are the property of their respective owners and appear through the courtesy of, and/or a licence from, such owners. This also includes graphics, logos, seminars, conferences, conventions, regionals, events, trade shows, publications, products, content or services that CURVES sponsors or participates in or that are referenced herein or on the Website including the “look”, “feel” and “goodwill” of the Website to include any and all color combinations, images, layout, and all other graphical elements. Any use of CURVES’ intellectual property, trade dress, trademarks and/or service marks is strictly prohibited without the express written permission of CURVES. You further acknowledge and agree that the Website contains proprietary and confidential information which is protected by applicable intellectual property and other laws; and, that the Website is protected by copyright, database rights, trademarks, service marks, patents or other proprietary rights and laws.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY TRADEMARKS, TEXT, PICTURES, PROGRAMS, GRAPHICS AND/OR CODE.
As allowed by CURVES, CURVES franchise owners may print portions of material from certain areas of the Website solely for your own commercial use in the operation of your franchise provided that you agree not to change or delete any copyright or proprietary notices from the materials and agree to all of the terms, obligations, covenants and conditions of the Website including this Website User Agreement. Any material printed or downloaded by you from the Website, including, without limitation, any text, files, operating systems, images, and data accompanying the foregoing is the property of CURVES and is licensed to you by CURVES. Printing or downloading the material does not transfer to you any right, title or interest therein or thereto or to any intellectual property rights. You may not and specifically agree that you will not, copy, redistribute or sell any material from the Website as all material on the Website is protected by trademarks, copyrights and/or patents and is intended for use and review only by authorized users.
You agree that you shall have no recourse against CURVES for any alleged or actual infringement or misappropriation of any proprietary right in your communications to CURVES.
Aside from those trademarks and intellectual property of CURVES that may appear on the Website, other product names, marks, symbols, trade names, company names and/or logos which appear within the Website are the property of their respective owners and appear through the courtesy of, and/or a licence from, such owners.
If you believe that content appearing on the Website constitutes copyright infringement of another party’s rights, please contact [email protected] and CURVES will investigate.
This Website (excluding linked sites) is controlled by CURVES which is headquartered in the State of Texas, United States of America. It can be accessed from other countries around the world. By accessing this Website both you and CURVES agree that the statutes and laws of Texas, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website. You and CURVES also acknowledge and agree that this Agreement shall be deemed made and entered into under the jurisdiction of the Texas courts and all mediations, arbitrations, lawsuits and other dispute resolutions shall be governed and construed under and in accordance with the laws of Texas and Wales. You and CURVES also agree that the Texas courts shall be the venue and exclusive proper forum in which to adjudicate any case or controversy arising either, directly or indirectly, under or in connection with this Agreement or the Website except to the extent otherwise provided in this Agreement and the parties further agree that, in the event of litigation arising out of or in connection with this Agreement or the relationship between CURVES and you in these courts, they will not contest or challenge the jurisdiction or venue of these courts. CURVES makes no representation that materials on the Website are appropriate or available for use in locations other than the European Union, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.
CURVES or third parties may provide, and the Website may include, links to non-CURVES internet web sites or resources as a convenience to you (“Third-Party Sites”). Because CURVES has no control over such sites and resources, you acknowledge and agree that CURVES is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, and makes no warranty of any type regarding the Third-Party Site or the information on the Third-Party Site. Links to Third-Party Sites are not endorsements by CURVES of such Third-Party Sites. You further acknowledge and agree that CURVES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Site or resource. When you link to a site you are solely responsible for obeying the terms and conditions of that Third-Party Site. CURVES is not responsible for the information or materials contained on the Third-Party Site. Links to Third-Party Sites are provided for convenience of reference only and are not intended as an endorsement by CURVES of the organization or individual operating the Third-Party Site or a warranty of any type regarding the Third-Party Site or the information on the Third-Party Site.
Modifications to the Service
CURVES reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that CURVES shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
Disclaimer of Warranty
CURVES makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any postings, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and warranties, conditions or terms of any kind to this effect are expressly disclaimed.
Limitation of Liability
You agree that you will hold harmless CURVES and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will CURVES or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
IN NO EVENT WILL CURVES BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ANYTHING DOWNLOADED FROM THE WEBSITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF CURVES OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, INFORMATION, SERVICE AND/OR MATERIALS PROVIDED OR DOWNLOADED THROUGH THE WEBSITE. CURVES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT OR EXCLUDE EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR LOSS SUFFERED DUE TO ANY BREACH OF ANY IMPLIED TERM AS TO TITLE, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. ADDITIONALLY CURVES SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF CURVES OR ANY INFORMATION THEREON OR SERVICE OR TRANSACTION. FURTHER, WE CANNOT GUARANTEE CONTINUOUS OR SECURE USE OF OR ACCESS TO OUR SITE, SERVICES OR TOOLS; OR, OPERATION OF OUR WEBSITE, SERVICES OR TOOLS AS THEY MAY BE INTERFERRED WITH BY FORCES AND FACTORS BEYOND OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE EXCLUDE ANY AND ALL IMPLIED WARRANTIES, COVENANTS, CONDITIONS OR OTHER TERMS OF ANY KIND RELATING TO OR ARISING FROM THE WEBSITE, SERVICES AND/OR TOOLS. EXCEPT AS SPECIFICALLY STATED HEREIN, WE ARE NOT LIABLE FOR ANY LOSS OF BUSINESS, MONEY, GOODWILL, REPUTATION OR ANY OTHER DAMAGES OF ANY KIND OR ANY TYPE, WHETHER SPECIAL, DIRECT OR CONSEQUENTIAL, DIRECTLY OR INDIRECTLY, ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE, OUR WEBSITE, SERVICES AND/OR TOOLS.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF CURVES IS FOUND LIABLE, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CURVES, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE FOR ANY LOSS, COST, EXPENSE, LIABILITY OR DAMAGE TO YOU IN AN AMOUNT THAT IN THE AGGREGATE EXCEEDS GBP £100. IN NO EVENT SHALL CURVES BE LIABLE TO ANYONE FOR LEGAL FEES OR COSTS UNDER ANY CIRCUMSTANCE.
You acknowledge that the opinions and recommendations contained in this website are not necessarily those of the CURVES or endorsed by CURVES.
Local Laws and International Use
CURVES controls and operates the Website from its headquarters in the United States of America and makes no representation that the Services, information, materials or uses are appropriate or will be available for use in locations other than the European Union. Unless otherwise explicitly stated, all services, products, materials or uses on the Website are solely directed to individuals, companies or other entities located in the European Union. If you use the Website from outside the European Union, you are entirely responsible for compliance with applicable local laws and regulations, including but not limited to privacy laws and regulations.
Acknowledging that CURVES franchises are located in over 80 countries and recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the European Union or the country in which you reside. Operating systems, software or other goods from the Website is subject to European Union export controls. No software or information from the Website may be downloaded or otherwise exported or re-exported into any country to which the European Union, or any country within the European Union, has embargoed goods. By downloading or using any software or other goods from the website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Nothing in this Agreement shall be construed as creating or evidencing a partnership, joint venture, employee-employer or an agency or any employment relationship between the parties. You acknowledge and agree that you are in all respects an independent party.
This Agreement will continue until terminated. You agree that CURVES, in its sole discretion, may terminate your use of this Website, for any reasonable reason, including, without limitation, for lack of use or if CURVES believes that you have violated or acted inconsistently with this Website User Agreement. You agree that any termination of your access may be effected without prior notice, and acknowledge and agree that CURVES may immediately delete all related information and files and/or bar further access to the Website. Further, you agree that CURVES shall not be liable to you or any third-party for any termination of your access to the Website.
Unless otherwise permitted by local laws, any cause of action or claim you may have with respect to the Website or Curves International, Inc., including its subsidiaries, must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. CURVES’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CURVES may assign or otherwise transfer its rights and duties under this Agreement to any party at any time without notice to you.
No person who is not a party to this Website User Agreement shall have any right to enforce any term of this Agreement, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
This Website User Agreement sets out the entire agreement between you and Curves and supersedes all previous agreements or representations in relation to its subject matter. Both parties agree that: (i) in entering into this Agreement, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement; and (ii) other than in relation to liability which cannot by law be excluded, its only liability in respect of those representations and warranties that are set out in this Agreement (whether made innocently or negligently) shall be for breach of contract.
Other than the Website and any other websites in its ownership, CURVES does not operate, control or endorse any information, products or services on the Internet in any way. You understand and agree that CURVES cannot and does not guarantee or warrant that files available for downloading through the internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Any rights not expressly granted herein are reserved.