COMPARE HEALTH PROS

Terms and Conditions

 

 

Thank you for visiting the comparehealthpros.com™ website located at www.comparehealthpros.com (the “Site”).  The Site is an Internet property of Gym Interactive Corporation (“comparehealthpros™,” “we” or “us”). By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Terms and Conditions (“Agreement”). The Agreement is inclusive of any operating rules, policies, price schedules and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time including, but not limited to, the comparehealthpros™ Privacy Policy (“Privacy Policy”) www.comparehealthpros.com/privacypolicy.  Please review the terms of the Agreement carefully.  If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.   

 

1. Acceptance of Agreement.  You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site.  The Agreement constitutes the entire and only agreement between you and comparehealthpros™ with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site.  We may amend the Agreement from time to time in our sole discretion, without specific notice to you.  The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site.  By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time.  Therefore, you should regularly check this page for updates and/or changes.

 

2. Requirements.  The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under the age of eighteen (18).  If you are under the age of eighteen (18), you do not have permission to use and/or access the Site.

 

3. comparehealthpros™ Service.  comparehealthpros™ provides users with an opportunity to apply for gym-related products, services and memberships (“comparehealthpros™ Services”), as offered by comparehealthpros’s™ affiliated third-party gym business operators and/or health club locations (the “comparehealthpros™ Service Providers”). To apply for comparehealthpros™ Services as offered by the comparehealthpros™ Service Providers, you must fully complete the applicable registration forms located at the Site (“Registration Forms”).  The information that you must supply on the Registration Forms includes, but is not limited to: 1) your first name; 2) last name; 2) complete mailing address; 3) email address; and 4) home telephone number (collectively, the “Registration Data”). Upon submitting your Registration Data, comparehealthpros™ will transfer such Registration Data to the applicable comparehealthpros™ Service Providers in connection with facilitating your request for the applicable comparehealthpros™ Services. 

 

The comparehealthpros™ Service Providers may require additional information from you in order to complete the applicable transaction. Gym membership application approval, and the ultimate terms and conditions of any product or service provided by one of the comparehealthpros™ Service Providers, as applicable, will be determined by that entity.  You agree to provide true, accurate, current and complete Registration Data. comparehealthpros™ and the applicable comparehealthpros™ Service Providers each have the right to reject any Registration Data where it is determined, in the sole and exclusive discretion of comparehealthpros™ and the applicable comparehealthpros™ Service Providers, that: 1) you are in breach of the Agreement; and/or 2) the Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. comparehealthpros™ and the applicable comparehealthpros™ Service Providers each may change the Registration Data criteria at any time, in their sole discretion.

 

Please be advised that comparehealthpros™ does not itself own or operate any gym or health club locations, and the ultimate terms and conditions of any gym membership, product or service provided by one of its comparehealthpros™ Service Providers will be determined by that entity. 

 

Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement.  You understand and agree that comparehealthpros™ is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for comparehealthpros™ sponsored products and/or services including, but not limited to, any gym-related product, service and/or membership.  You understand and agree that comparehealthpros™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service and/or promotion offered by any comparehealthpros™ Service Providers.  If comparehealthpros™ terminates the Agreement for any of the reasons set forth in the Agreement, comparehealthpros™ shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with comparehealthpros™. 

 

4. License Grant.  As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement.  comparehealthpros™ may terminate this license at any time for any reason.  No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect comparehealthpros™ related information from the Site or property except as expressly permitted by comparehealthpros™.  You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof.  comparehealthpros™ reserves any rights not explicitly granted in the Agreement.  You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.  You may not take any action that imposes an unreasonable or disproportionately large load on comparehealthpros™ infrastructure.  Your right to use the Site is not transferable. 

 

5.Proprietary Rights.    The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by comparehealthpros™ does not constitute a waiver of any right in such information and/or materials.

 

6. Editing, Deleting and Modification.  We reserve the right in our sole discretion to edit and/or delete any documents, information, offers and/or other content appearing on the Site. 

 

7. Indemnification. You agree to indemnify and hold comparehealthpros™, its comparehealthpros™ Service Providers, parents, subsidiaries and affiliates, and each of their respective shareholders, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or comparehealthpros™ Services; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity.  The provisions of this paragraph are for the benefit of comparehealthpros™, its comparehealthpros™ Service Providers, its parents, subsidiaries and/or affiliates, and each of their respective shareholders, officers, directors, members, employees, agents, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

8. Disclaimer of Warranties.  THE SITE, ANY comparehealthpros™ SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR comparehealthpros™ SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, comparehealthpros™ MAKES NO WARRANTY THAT: (A) THE SITE, THE comparehealthpros™ SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR comparehealthpros™ SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE comparehealthpros™ SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR comparehealthpros™ SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR A GYM MEMBERSHIP, WHERE APPLICABLE, FROM ANY OF THE comparehealthpros™ SERVICE PROVIDERS; (D) THAT THE GYM BUSINESS LOCATIONS OWNED AND OPERATED BY OUR comparehealthpros™ SERVICE PROVIDERS WILL BE SAFE AND THAT YOU WILL NOT SUFFER ANY INJURY OR OTHER INCIDENT AT SUCH LOCATIONS; OR (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR comparehealthpros™ SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR comparehealthpros™ SERVICE PROVIDERS WILL BE SAFE, ACCURATE OR RELIABLE. THE SITE AND/OR comparehealthpros™ SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR comparehealthpros™ SERVICE PROVIDERS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM comparehealthpros™, ANY OF ITS comparehealthpros™ SERVICE PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

9.  Limitation of Liability.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT comparehealthpros™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF comparehealthpros™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE comparehealthpros™ SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR comparehealthpros™ SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE; (B) ANY DISPUTE ASSOCIATED WITH ANY comparehealthpros™ SERVICE PROVIDER; (C) ANY INJURY STEMMING FROM THE GYM FACILITIES OR SERVICES LOCATED AT ANY comparehealthpros™ SERVICE PROVIDER’S BUSINESS LOCATION; (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (E) THE FAILURE TO QUALIFY FOR A GYM MEMBERSHIP, WHERE APPLICABLE, FROM ANY OF OUR comparehealthpros™ SERVICE PROVIDERS, OR ANY SUBSEQUENT DENIAL OF GYM-RELATED SERVICES FROM SAME; (F) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (G) ANY OTHER MATTER RELATING TO THE SITE, THE comparehealthpros™ SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR comparehealthpros™ SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE comparehealthpros™ AND ALL OF OUR comparehealthpros™ SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF comparehealthpros™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE TWO HUNDRED AND FIFTY DOLLARS ($250).  YOU HEREBY RELEASE comparehealthpros™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION.  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND comparehealthpros™.  THE SITE, THE comparehealthpros™ SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR comparehealthpros™ SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

10. Third Party Websites.  The Site may provide and/or refer you to links to other Internet websites and/or resources.  Because comparehealthpros™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that comparehealthpros™ is not responsible for the availability of such third party websites and/or resources. Furthermore, comparehealthpros™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

11. Privacy Policy/User Information. Use of the Site, and all comments, feedback, information, Registration Data or materials that you submit through or in association with the Site, is subject to our Privacy Policy, which is hereby incorporated into and made a part of the Agreement. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, Click Here. www.comparehealthpros.com/privacypolicy

12. Legal Warning.  Any attempt by any individual, whether or not a comparehealthpros™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and comparehealthpros™ will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

13. Miscellaneous.  The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement, or the breach of same, you agree to submit the dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association.  Any award rendered shall include a written summary and shall be final and conclusive and a judgment thereon may be entered in any court of competent jurisdiction.  Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.  Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and comparehealthpros™ and governs your use of the Site and/or any comparehealthpros™ Services, superseding any and all prior and/or contemporaneous agreements between you and comparehealthpros™. To the extent that anything in or associated with the Site and/or any comparehealthpros™ offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.  Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.