TERMS AND CONDITIONS OF USE
The Gym at Union Square, LLC ("CLAY") OWNS AND OPERATES THE SITE. CLAY RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. CLAY OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SITE WITHOUT NOTICE OR LIABILITY; CLAY MAY ALSO TERMINATE YOUR USE OF THE SITE AT ANY TIME IN ITS SOLE DISCRETION.
Use of Site; Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter "Content") constitute the sole and exclusive property of CLAY or its subsidiaries, affiliates, licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without CLAY's prior written approval: copying of the Site or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
Limitation of Liability and Disclaimers
USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER CLAY, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE. THE SITE, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CLAY, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT CLAY IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES CLAY FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CLAY, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SITE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
The User agrees to indemnify, defend and hold harmless, CLAY, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by the User. CLAY reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with CLAY in asserting any available defenses.
Third Party Links and Sites
Personally identifiable information.
CLAY collects personally identifiable information directly from the User only when the User voluntarily enters information, or when the User requests or agrees that CLAY send the User information or materials. The types of personally and mobile identifiable information CLAY collects include e-mail address, full name, full address, work/home phone numbers, age, gender and viewing preferences. CLAY currently uses the information for the purposes of providing the User with information requested by the User, and service information, and to allow the User to voluntarily participate in promotions or contests. CLAY may also use personally identifiable information to process user requests and/or to send the User communications from CLAY such as news, information and promotional offers. If the User requests information for certain offers, promotions or contests, CLAY may forward the User's personal information to a third party for the purposes of supporting CLAY in these services. In the interest of enhancing our service, CLAY has business relationships with third parties. Certain of these relationships include the sharing of your personal information with such third parties.
CLAY may disclose your personal and account information to respond to court subpoenas, court orders, or other legal processes, as required by law, or to establish or exercise CLAY legal rights or defend against legal claims. Your personal and account information may also be disclosed in connection with a sale of some or all of the CLAY business or a merger with another entity. As an added protection to the User's privacy concerning personally identifiable information collected by CLAY, the User may request that his or her information be changed, corrected or deleted from our databases by writing us at: CLAY 25 West 14th Street, New York, NY 10011 Attention: General Manager.
By using the Site, the User makes available to CLAY certain non-personally identifiable information (such as the domain name and type of the User's Internet server and browser, which pages of the Site the User accesses, and the length of access). This statement explains how CLAY uses such information, and how the User can restrict the use and collection of non-personally identifiable information from "cookies."
A "cookie" is a bit of text information stored on the hard drive of your computer by an Internet web server when you visit the Site. The User can choose not to accept cookies, but in so doing, the User may not be able to access the CLAY Site. Refer to the Help information in your browser or Internet provider site or software for instructions on how to disable cookies, or to be notified when a cookie is set. CLAY may use "cookies" to track usage of the Site, User interactions with the Site, and to customize the Site.
CLAY may use the non-personally identifiable information that is collected by CLAY to improve the design and content of CLAY's site and to enable CLAY to personalize your Internet experience. Also, CLAY may use this information in the aggregate to analyze site usage, as well as to offer user products, programs, or services.
CLAY Internet sites may contain links to other Internet sites that are owned and operated by third parties. CLAY is not responsible for the privacy policies or practices of Internet sites owned and operated by third parties. CLAY strongly suggests that you review such third party Internet sites privacy policies before providing any data or information to them.
Within CLAY, we restrict access to information and data about you to those CLAY employees who need to know the information and data in order to perform their jobs, such as servicing your account, or notifying you of new services, classes, and programs. To protect your personal information, we maintain physical, electronic, and procedural safeguards to ensure online data and information privacy and security.
For your protection, CLAY strongly recommends that you do not share your account information, passwords or code words with others. Do not provide confidential information online unless you initiated the contact, know the party which whom you are dealing, and provide the information through a secured channel. When conducting business over the Internet, always use a secure browser and exit online applications as soon as you finish using them. If you become aware of any suspicious activity relating to your account, it is your responsibility to contact CLAY immediately.
CLAY may collect information through the use of promotional email campaigns or newsletters.