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NEW YORK HEALTH & RACQUET CLUB TERMS OF USE Effective as of November 1, 2011 Welcome to NYHRC.com. New York Health Club, Inc. d/b/a New York Health & Racquet Club (“NYHRC”) provides the information, services, products, and programs offered through NYHRC.com to you subject to the following agreement ("Terms of Use" or “Agreement”), which may be amended as described below. Acceptance of Terms By accessing and using the NYHRC website, www.NYHRC.com (the "Website"), you agree to be bound by the Terms of Use. We may change the Terms of Use at any time by posting revisions to the Website, with or without notice to you, and your continued use of the Website indicates your agreement to the revised terms. We urge you to review the Terms of Use and if you do not agree to the terms of this or any revised policy please exit the Website immediately. You also agree to provide true, accurate, current and complete information about yourself as prompted by our online membership inquiry form. You acknowledge and agree that the Website contains proprietary information that is protected by applicable intellectual property and other laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any of the content accessible on the Website. Disclaimer The NYHRC.com Website is provided for your information. NYHRC will make every effort to keep the content on the Website current. However, NYHRC does not guarantee that it is the most up to date information available. For the most current and up to date information on class changes, contact information, and any other information regarding NYHRC, its operations, programs, and offers, please contact a NYHRC location directly. NYHRC assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, and the inability to access all or part of the Website. The Website and all of its contents are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the Website, that your use of the Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Website, and that NYHRC shall not be liable for any damages of any kind related to your use of the Website. Permitted Use You agree that you are only authorized to visit, view and to retain a copy of pages of the Website for your own personal use. You shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. The content and software on this Website is the property of NYHRC and is protected by U.S. copyright laws. You also agree not to use the Website to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; and/or (c) interfere with or disrupt the Website. Furthermore, you agree that you will not use any automated device or process, such as a "bot" or a "spider," to copy or extract information or content from the Website, except to use such information or content for purposes of listing the Website with a search engine or other service designed to direct users to the Website. You further agree that you will not copy, modify, or publicly display any information or content on the Website for use in any commercial manner, except to use such information or content for purposes of listing the Website in a search engine or other service directing users to our Website. Health Related Information Prior to participating in any exercise program or activity, you should seek the advice of your physician or other qualified health professional. You agree that no health information provided on or by the Website will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed physician. Application or reliance on of the techniques, ideas, and suggestions accessed through the Website is at your sole discretion and risk Limited License You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Website pursuant to the requirements and restrictions of these Terms of Use. NYHRC may change, suspend, or discontinue any aspect of the Website at any time. NYHRC may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Website. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Website. Except as provided for in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Website, or any of its contents (including software) in whole or in part. Children The Website is not designed for use by children. By using NYHRC.com, or purchasing any of the services offered on the Website, you agree and warrant that you are 18 years old or older. Violation of Terms of Use You understand and agree that in NYHRC’s sole discretion, and without prior notice, NYHRC may terminate your access to the Website, or exercise any other remedy available and remove any unauthorized user information, if NYHRC believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of NYHRC, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to NYHRC for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. NYHRC may release user information about you if required by law or subpoena. Copyright Notice All of the content on the Website is subject to U.S. trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by NYHRC or by third-parties who have licensed their materials to NYHRC. NYHRC owns a copyright in the selection, coordination, arrangement and enhancement of the content of the Website. NYHRC reserves the right to terminate the privileges of any user who uses the Website to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to the Website, you warrant that the information or content does not infringe the copyrights or other rights of third parties. Intellectual Property You acknowledge that all content and materials available on this Website are protected by United States copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, and other proprietary rights and laws and are owned by NYHRC, our affiliates, associates, partners, and/or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Website or its contents as expressly permitted in these Terms of Use and for no other purpose. NYHRC, our affiliates, associates, partners, and/or our licensors retain exclusive ownership of all data, material and other information regarding your use of the Website. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Website. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of NYHRC is prohibited. The trademarks, logos and service marks displayed on this Website are the property of NYHRC or other third-parties. Users are not permitted to use trademarks, logos and service marks without prior written consent. The NEW YORK HEALTH CLUB, INC., NEW YORK HEALTH & RACQUET CLUB, and NYHRC words, and the NYHRC Corporate Logo and Design are trademarks or registered trademarks or service marks of NYHRC. Digital Millennium Copyright Act (DMCA) Policy If you are notifying NYHRC of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512: (a) a description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works; (b) a description of the allegedly infringing material and information sufficient to permit NYHRC to locate the material; (c) information reasonably sufficient to permit NYHRC to contact you, such as an address, telephone number, and/or an electronic mail address; (d) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and (e) a statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed. NYHRC’s Designated Agent for notification of a claimed copyright infringement is:
ATTN: DMCA Copyright Agent Representations By visiting the Website, you represent, warrant and covenant that: (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Website or for inclusion on the Website will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. When you submit your personal information and tick the relevant box, you agree to comply with the Terms of Use and our Privacy Policy. When you submit your personal information, including, but not limited to, your first name, last name, telephone number, email address, preferred club location, postal address, city, state, and zip code, you agree to have those details validated and to receive advertiser and promotional offers from NYHRC or third parties by direct mail, email, SMS text message, or telephone. You acknowledge that there may be additional restrictions imposed upon you by third party advertisers or sponsors and that these additional restrictions will be binding on you. NYHRC disclaims all responsibility and potential liability for making such third party restrictions known to you at the time of your participation in third party offers. Please be certain to inquire directly with the relevant third party advertiser for all material terms, limitations, conditions, and restrictions. License By providing content or information to NYHRC, including by submitting or uploading content or materials for use on the Website, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. Third Party Advertisements The Website may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Website are truthful, accurate, and comply with all applicable laws. We are not responsible for the acts or omissions of a third party advertiser or sponsor. Third parties may contact you if you previously indicated that they could. In order to opt-out from such third party communications (and/or withdraw from an optional offer you have participated in), you will need to exercise the opt-out function on their communications or otherwise contact them directly. For the avoidance of doubt, when you participate in a third party offer, you enter into a contract with the relevant third party. Accordingly, you cannot terminate your participation in a qualifying third party offer except as provided by the relevant third party terms and conditions for that particular offer. If you no longer wish to receive any of these third party communications you will have to unsubscribe from these separately and by direct communication with any such third party. Marketing Disclosure Some of the services and products ordered from the Website may belong to third parties and not NYHRC. NYHRC may have a material financial connection to third party providers of products or services referred to on this Website. NYHRC may receive payment for each qualified sale or payment for each potential customer referral. NYHRC may be advertising on behalf of a third party advertiser with whom the provider of the products or services also has a material financial connection in that both advertisers may receive payment for each qualified sale or payment for each potential customer referral. Information regarding the products and services on this Website may be provided by third parties owning or advertising such products and services on the website and therefore the accuracy of such information is unknown to the NYHRC, who does not undertake due diligence to confirm such third party representations regarding third party advertising claims. No Marketing Endorsement NYHRC is not affiliated with any third party advertiser, other than stated herein. NYHRC does not recommend, endorse, or sponsor any of the services provided by third party providers to whom we may be providing your personal inquiry or registration information. To the extent there are testimonials on the website, they are not provided by NYHRC. The third party provider, providing such testimonials warrants that the results provided are accurate and true. However, these examples are not necessarily typical or average, nor do they represent a guarantee of your personal results. Please contact the third party provider of such products and services directly with any questions regarding related claims. 16. User Agreement By using this Website, you agree to be bound by and to comply with this Agreement and the posted Privacy Policy which is incorporated herein as though fully set forth herein. Upon entering the requested information, the information may be forwarded to one of our a participating third party advertiser or service providers who may contact you regarding your request for services or products. This may be done automatically and a new window may appear or the provider may contact you directly by telephone, SMS text message, email or direct mail as set forth below. NYHRC IS NOT RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THIS WEBSITE. UPON ENTRY INTO A THIRD PARTY’S WEBSITE LINKED TO OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE, YOU SHOULD CAREFULLY REVIEW THE PRIVACY POLICY AND TERMS AND CONDITIONS OF USE OF THAT WEBSITE BEFORE ENTERING ANY PERSONAL INFORMATION AS THOSE POLICES AND TERMS WILL DIFFER FROM THESE. You are hereby expressly giving your permission to NYHRC to provide any information collected on this Website to third parties. As such, you are expressly giving your permission for such third parties to contact you by direct mail, email, SMS text message or telephone. By submitting your personal information and using this Website, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List (or a state do-not-call list) you have authorized us to contact you via telemarketing in accordance with the ATSR. Further, by registering with, providing personal information to, or requesting information from, a third party advertiser or provider at or through the Website or other advertisement media made available by us (e.g., telemarketing or email marketing), you agree that such action shall constitute a purchase, an inquiry and/or an application with the respective third party provider for purposes of the ATSR and you may be contacted via email, SMS text message, direct mail and/or telemarketing by such third party advertiser in accordance with the ATSR. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the Website, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Website and you may opt-out using the method set forth herein. You further represent and warrant that: (a) you are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Website in accordance with this Agreement; (b) all information supplied by you is true and accurate (the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited); (c) you understand and agree that NYHRC may share personally identifiable information and other information provided by, and aggregated information about, you and other users with its vendors, sponsors, providers, service providers and marketers, lookup and reference services, other unaffiliated third parties, and other entities that we believe are able to provide our Website users with offers and opportunities, as more fully described in our posted Privacy Policy; (d) you understand that abuse of this Website may result in your being denied access to such Website, as determined by us in our sole discretion; (e) You understand that upon entry of the requested information, a participating third party advertiser or provider may be contacting you directly to provide you with information regarding their products or services. NYHRC shall not be responsible for any participating third party provider or aggregators contact with you or any subsequent agreement you may enter into with such third party provider or aggregator; and (f) your use of this Website is subject to all applicable federal, state and local laws and regulations. You also give NYHRC permission to send you periodic updates of services and products which may be of interest to you through email, direct mail, SMS text message, or telemarketing. You understand that our providers may maintain the information you submitted to us whether you elect to use their services or not. In the event you no longer want to receive communications from one of our third party advertisers or providers, you agree to notify the third party provider directly. Products/Services You understand and agree that if you complete an inquiry or registration form and enter submit your personal information at or through the Website, we may share your personal information (e.g., your first name, last name, telephone number, email address, preferred club location, postal address, city, state, and zip code) with participating third party advertisers for them to send you periodic updates of services and products which may be of interest to you. You understand and agree that NYHRC is not a party to any agreement that you may make with any such third party advertiser or provider. Such third party advertisers or providers with whom you may contract are solely responsible for its services to you. You further acknowledge and agree that we are not acting as your agent and are not recommending any particular third party’s product or service to you. Any compensation we may receive is paid by a third party product or service provider for advertising services we provided to them. We do not charge you a fee to use the website. You also give us permission to send you periodic updates of services and products which may be of interest to you. Marketing Materials By inquiring or registering at the Website, you are giving your consent to receive promotions or newsletters from us, our affiliates and/or third party marketers. If you do not wish to receive these marketing materials, you may request to be removed by using the opt-out mechanism listed in the communications you receive. To opt-out of email promotions from NYHRC alone, you may simply use our convenient Unsubscribe Email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Please note that exercising an opt-out mechanism only applies to the company with which you exercised that right. Third Party Content/Promotions, Third Party Products, and Third Party Website Activities The Website may display and make available content, promotions, advertisements, and offers provided by third parties (“Third Party Promotions”), as well as goods and services offered by third parties (“Third Party Products”). You understand and agree that NYHRC shall not be responsible and shall have no liability for any Third Party Promotion or Third Party Products or for your activities on any third party websites for whom NYHRC displays offers (“Third Party Website Activity”), and that you participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Website Activity solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party Website Activity will be with the applicable Third Party offering the Third Party Promotion, Third Party Product or Third Party Website Activity and that you shall have no remedy against NYHRC arising from your use of or participation in, or inability to use or participate in, any Third Party Promotion, Third Party Product or Third Party Website Activity. Relationship with Marketing Providers This is an independent Website and is not affiliated with any other listed products or services. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by this Website. Furthermore, participating third party advertisers are independent third parties and this Website is not acting as a principal, agent or broker with respect to any such advertisers. Information on NYHRC Website NYHRC attempts to make sure that the information on this website is correct and complete. However, NYHRC makes no representation that the information on the website is correct, complete or current. Errors may periodically occur and will be corrected upon discovery. NYHRC reserves the right to revoke any offer and correct any errors, inaccuracies or omissions. Prices and availability of products and services are subject to change without notice. No Commercial Use This Website may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain NYHRC's prior written consent to make commercial offers of any kind on the Website, whether by advertising, solicitations, links, or any other form of communication. NYHRC will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Website and barring such violators from use of the Website. Links and Search Results The Website may contain links to websites operated by third parties throughout the World Wide Web. NYHRC has no control over these websites or the content within them, including the inadequacy of a third-party’s terms of use or privacy policy. NYHRC does not guarantee, represent or warrant that the content contained in any third party websites is accurate, legal and/or inoffensive. NYHRC does not endorse the content of any third party website, nor does it make any representation or warranty about these websites, including that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another website, you agree and understand that you may not make any claim against NYHRC for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another website. If you have a problem with a link from the Website, you may notify us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Upon submission of your personal information, you may be contacted by or otherwise interact with a third party advertiser, either on their Website or through their contact with you. Please be advised that third party websites and providers are not under control of NYHRC and, if you are redirected to a third party’s website through your use of our Website, you should review their privacy policies and terms and conditions as they may differ significantly from our own. If you are contacted by telephone from a third party advertiser, you should request their terms and conditions and privacy policy at that time, prior to providing any personal information. Indemnification and Release You agree to defend, indemnify and hold NYHRC, its parents, subsidiaries, partners, agents, affiliates, licensors, providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use the Website and/or Website content, any information provided to you by the Website, or any violation of this Agreement by you. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE NYHRC AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE PROMOTION AND WEBSITE. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE "WEBWEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBWEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER NYHRC, NOR OUR AFFILIATES, ASSOCIATES, PARTNERS, AND/OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBWEBSITE CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE WEBSITE. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL NYHRC, OUR AFFILIATES, ASSOCIATES, PARTNERS, AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Exclusions and Limitations SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, NYHRC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Disputes These Terms of Use and your relationship with NYHRC shall be governed by the laws of the State of New York without regard to New York’s conflict of law provisions. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Website or these Terms of Use, including any tort claim, shall be filed within one (1) year after such claim or cause of action arose or be forever barred. Furthermore, you and NYHRC.com agree that any claim arising out of or related to use of the Website or these Terms of Use, including any tort claim, shall be subject to final and binding arbitration submitted solely in the City of New York, New York and governed by the Commercial Dispute Resolution Rules of the American Arbitration Association. Waiver of Class Action Rights BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. Statute of Limitations YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR THIS AGREEMENT, MUST BE FILED WITHIN ONE (1) YEAR AFFTER SUCH CLAIM OR CAUSE OF ACTIONJ AROSE OR BE FOREVER TIME BARRED. Contact Information Except as explicitly stated otherwise, any notices shall be given to NYHRC via email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or postal mail to NYHRC, Attn: Legal Department, 18 East 50th Street, 4th Floor, New York, NY 10022, or to you via the email address you provide to NYHRC during the inquiry or registration process. Integration and Severability Except as specifically state otherwise, these Terms of Use constitute the entire agreement and understanding between NYHRC and you with respect to the Website and the subject matter hereof, and supersedes all prior or contemporaneous communications, understandings, and proposals, written or oral, between us. If one or more of the provisions of these Terms of Use is determined for any reason to be invalid or unenforceable, then such provisions shall be deemed severable from all of the remaining provisions and shall in no way affect the validity or enforceability of all other provisions, which shall remain in full force and effect. Headings Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use. Copyright © 2011 New York Health Club, Inc. All rights reserved |