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Terms & Conditions

Terms of Use

Anytimefitness.com

Welcome to the web site of Anytime Fitness, LLC (“Anytime Fitness”). Anytime Fitness is pleased to make the web sites located at anytimefitness.com (e.g. www.anytimefitness.com, blog.anytimefitness.com) but excluding shop.anytimefitness.com (the “Sites”) available for your use and benefit. By using the Sites you agree to be bound by the Terms of Use set forth below. Use of the Sites is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Sites and may not use the Sites.

These Terms of Use apply to your access to and use of the Sites and do not alter in any way the terms and conditions of any other agreement you may have with Anytime Fitness, unless otherwise directed by Anytime Fitness. If you breach any of these terms and conditions, your authorization to use the Sites automatically terminates and you must immediately discontinue use of the Sites.

Collection of Visitor Information

Any information collected at the Sites is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Sites, you may be required to register with Anytime Fitness through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

Copyright

All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of Anytime Fitness or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of Anytime Fitness and protected by U.S. and international copyright laws. Anytime Fitness grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, noncommercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited.

Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of Anytime Fitness and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the Trademark owner. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.

Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Anytime Fitness. Any use of these rights without the prior written permission of Anytime Fitness is strictly prohibited.

Accuracy

Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Anytime Fitness reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Anytime Fitness discovers price errors, they will be corrected on Anytime Fitness’s systems, and the corrected price will apply to your order.

Disclaimer of Warranties

THE SITES AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. ANYTIME FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. ANYTIME FITNESS MAKES NO REPRESENTATION THAT THE SITES OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. ANYTIME FITNESS MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITES.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL EITHER ANYTIME FITNESS OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE SERVICES AVAILABLE THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Under no circumstances whatsoever shall Anytime Fitness’s aggregate liability resulting from or relating to your use of the Sites exceed Five Dollars ($5.00).

Prohibited Activities & Visitor Obligations

As a visitor or user of the Sites you shall not:

  • violate any applicable law or regulation;
  • upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • Post any content that is subject to any disclosure restrictions;
  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • interfere with or otherwise limit the use of the Sites by other users; or collect, compile, or store personal information about other users of the Sites;
  • disrupt or interfere with the operation of the Sites by overloading or exceeding the capacity of the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;
  • disrupt or interfere with the security of, or otherwise cause harm to, the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;
  • use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Sites or the content contained therein without Anytime Fitness’s prior, express, and written permission; or
  • use the Sites for commercial purposes.

You agree that you are solely responsible for the Post of any content that you make available on or send through the Sites (“User Content”). In addition to the rights granted to Anytime Fitness elsewhere in these Terms of Use, you hereby grant Anytime Fitness the irrevocable right to copy and use User Content in connection with the Sites and for the purposes related to your Post of the User Content. Although Anytime Fitness has no obligation to screen, edit or monitor any of the User Content or user conduct on the Sites, Anytime Fitness reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Sites at any time and for any reason without notice. Your User Content may be available on the Sites for a limited period of time, as determined by Anytime Fitness in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to the Sites, you represent and warrant that (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Sites and to grant the rights to Anytime Fitness you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Sites, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

Indemnification

You agree to indemnify, defend, and hold Anytime Fitness and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that Anytime Fitness incurs or suffers which relate to your use of the Sites, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Links to Other Web Sites

The Sites may contain links to other web sites. Additionally, other web sites may contain links to the Sites. Anytime Fitness does not review or monitor the web sites linked to the Sites and Anytime Fitness is not responsible for the content or policies of any other web sites. Any link established by Anytime Fitness does not constitute an endorsement of the other web sites or create a relationship between Anytime Fitness and the operators of other web sites. Anytime Fitness disclaims any liability with respect to your use of any other web site, and you release Anytime Fitness from any liability related to your use of any link to another web site or your use of any other web site. Where the Sites contains a link to another web site owned and/or operated by Anytime Fitness, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.

Changes to Terms of Use

Anytime Fitness may revise these Terms of Use at any time without notice. Any use of the Sites following the date on which changes to these Terms of Use or the Privacy Policy are published on the Sites shall constitute your acceptance of all such changes. You expressly agree that Anytime Fitness shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Your Account

If you are a registered user of any of the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Anytime Fitness reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

Anytime Retail

These Terms of Use do not apply to your use of and purchase of products or services from the shop.anytimefitness.com web site (the “Anytime Retail Site”). Use of and/or purchases from the Anytime Retail Site are subject to different terms and conditions. Anytime Fitness disclaims any liability with respect to your use of the Anytime Retail Site, and you release Anytime Fitness from any liability related to your use of the Anytime Retail Site. Anytime Fitness encourages you to review the return policy and other information on the Anytime Retail Site prior to making a purchase or using that site.

Payment

You authorize Anytime Fitness and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Anytime Fitness are nonrefundable, yes.

Fitness Club Owners, Employees, Trainers or Other Contractors

THIS SECTION OF THESE TERMS OF USE APPLY ONLY IF YOU ARE AN ANYTIME FITNESS® CLUB OWNER, EMPLOYEE, OUTSIDE TRAINER OR OTHER CONTRACTOR WHO IS ALSO GIVEN ACCESS TO THE DATA OF OTHER USERS. You may use your ability to access data applicable to other persons (“Member Data”), and use the Member Data that is disclosed to you, solely for the purposes of providing assistance to the other person in that person’s use of the Sites or ANYTIME FITNESS® Club facilities or services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others. You may not disclose any Member Data to any other person without the prior consent of Anytime Fitness. You acknowledge that in the event any Member Data in your possession or control is exposed or disclosed without authority, whether by your fault or not, Anytime Fitness may be required to give notice of such exposure to the affected members and to law enforcement authorities. You will be deemed responsible for any losses suffered by Anytime Fitness or by a member which are caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph.

General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

Any failure by Anytime Fitness to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Anytime Fitness, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Sites may violate any legal requirements and you agree not to access the Sites in any such jurisdiction.

You are responsible for compliance with applicable laws.

Submissions

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Anytime Fitness or a third party provider on the Sites, by a Post or otherwise (collectively, “Submissions”), shall become Anytime Fitness’s property; and you hereby transfer, sell, and assign to Anytime Fitness all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Anytime Fitness has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Anytime Fitness shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Contact

For questions or comments related to the Sites or these Terms of Use, please email us at privacy@anytimefitness.com.

Member Survey Drawing Terms and Conditions

Anytime Fitness® Fitbit® Drawing Terms and Conditions

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCE OF WINNING.

  1. Eligibility: The Anytime Fitness® Fitbit® Drawing (“Drawing”) is open only to legal residents of the 50 United States, the District of Columbia, and Canada, excluding Quebec, who are 18 years of age or older and located in the U.S. or Canada at the time of entry, and who complete the Survey delivered to your email address of record between August 15-31, 2016 in full within the specified timeframe. Void elsewhere and where prohibited by law. Employees, contractors, directors and officers of Anytime Fitness, LLC (“Sponsor”), and their respective parent, subsidiary and affiliated companies, distributors, franchisees, and licensees, and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of the Drawing, as well as the employees of any Anytime Fitness club (collectively, “Promotion Parties”), and their immediate family members (parent, child, sibling and spouse of each) and those living in the same households of each (whether related or not) are not eligible. Void elsewhere and where prohibited by law. Other eligibility requirements and conditions of participation are set forth below in these terms and conditions for the Drawing (“Terms and Conditions”), and by completing the Survey, you agree to be bound by these Terms and Conditions
  2. Prizes and Approximate Retail Values (“ARV”): The Sponsor will giveaway one (1) Fitbit® Flex Wireless Wristband ($99.99) to ten (10) Eligible Survey Respondents.  No substitution, cash redemption or transfer of prize is permitted except at Sponsor’s sole discretion. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local taxes, and all other costs associated with acceptance or use of the prizes are the sole responsibility of the winner. Arrangements for delivery of prizes will be performed after winner validation.  Winners will be selected at random no later than September 30, 2016.  Winners will be notified by Sponsor by email shortly thereafter.
  3. How to Enter the Drawing: Respond in full to the Survey no later than August 31, 2016 in accordance with the directions on the Survey (making you an “Eligible Survey Respondent”).  Eligible Survey Respondents will be automatically entered into the Drawing.
  4. Additional Terms.  If any notification is returned as non-deliverable, or if a potential winner is found to be ineligible or not in compliance with these Terms and Conditions, the potential winner will be disqualified and at Sponsor’s discretion, an alternative potential winner from the pool of Eligible Survey Respondents may be drawn. Sponsor is not responsible for any change of email address of entrants. Sponsor assumes no responsibility for lost, late, misdirected, stolen, illegible, inaccurate, damaged or incomplete Surveys or other communications, non-delivered, failure or unavailability of electronic equipment, communications or internet connections, or other errors, failures or malfunctions of any kind including but not limited to human errors. Entries by automatic, programmed or like methods will be disqualified. Improper, incomplete, mutilated and illegible Entries will be disqualified. Prizes will be awarded only to an address within the 50 United States, D.C. and Canada (excluding Quebec). This Drawing is subject to all applicable federal, state, provincial and local laws and regulations. By participating, entrants agree to be bound by these Terms and Conditions and the decisions of the Sponsor. If, in Sponsor’s sole opinion, the Drawing is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Drawing, or for any other reason in Sponsor’s sole discretion, the Sponsor reserves the right to modify, suspend, or terminate the Drawing in a manner deemed reasonable by the Sponsor, in its sole discretion. Sponsor reserves the right to disqualify any individual who tampers with the entry process or acts in a disruptive or unfair manner.
  5. Choice of Law and Jurisdiction: This Drawing is offered only in the 50 United States / D.C. and Canada excluding Quebec and is governed by the laws of the State of Minnesota. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the State of Minnesota located in the county of Hennepin for any action, suit or proceeding arising out of or relating to this Drawing.
  6. Privacy: The personal information collected through this Drawing is subject to Sponsor’s Privacy Policy located at https://www.anytimefitness.com/privacy. By entering this Drawing, you agree to the use of your personal information as described in the above Privacy Policy. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Drawing-related materials and the terms and conditions of these Terms and Conditions, these Terms and Conditions shall prevail, govern and control.
  7. Sponsor: The Drawing is sponsored, administered and judged by Anytime Fitness, LLC, 111 Weir Drive, Woodbury, MN 55125.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCE OF WINNING. Open only to residents of the 50 US states and District of Columbia, and Canada, excluding Quebec, 18 and older. Drawing ends August 31, 2015. See full Terms and Conditions for complete  criteria.

Official Rules — Anytime Fitness® Member Success Stories

These Official Rules for voting on the Anytime Fitness® Member Success Story Finalists (the “poll”) are subject to change at any time at the sole discretion of Anytime Fitness, LLC (“Sponsor”). Void where prohibited.

Who Can Vote

To vote you must be at least 18 years old as of the date of voting and a legal resident of the United States or Canada.

How to Vote

Voting is simple and easy. To vote for your favorite Member Success Story Finalist who you think deserves to attend the Anytime Fitness Annual Conference, go to www.anytimefitness.com/vote-member-success, follow the links and click on the Member Success Story Finalist that you choose and follow the instructions to complete your vote. One (1) vote per person. No purchase necessary to vote.

The Member Success Story Finalist who receives the most votes during the Voting Period (defined below), as determined by Sponsor in its sole discretion, will be named the Winner.  In the event of a tie, Sponsor will choose the winner who achieved a higher ranking under the criteria used to select the Finalists. Voting will be conducted pursuant to these rules and any such other rules and procedures as Sponsor may from time to time designate.  No personal information will be collected from voters based on participation in this poll.

Voting Period:

June 18, 2018 at 9:00 AM Central Time – June 25, 2018 at 9:00 AM Central Time.

Consent and Release

By voting, each voter releases, discharges and holds harmless Sponsor and its affiliated companies, and any other party associated with the development, communication or administration of this poll, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this poll, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light).

Sponsor Entities, Facebook®, Inc., their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the poll, and each of their respective directors, officers, employees and assigns (collectively the “Released Parties”) are not responsible for any computer, network, technical, electronic, human or other errors or problems of any kind, for any injury or damage to participants or to any person’s computer or mobile phone relating to or resulting from voting or downloading materials or software in connection with the voting, or for votes that are stolen, misdirected, garbled, delayed, lost, or late.  By participating, each voter agrees to release and hold the Released Parties harmless against any and all claims and liability of any kind arising in whole or in part, directly or indirectly, out of their participation in the voting.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook®.

Disclaimers

By voting, you confirm that you have read, understand, and agree to abide by these Official Rules and the decisions of Sponsor, which are final and binding.  Sponsor Entities are not responsible for votes that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor Entities’ servers or elsewhere.

Sponsor, in its sole discretion, reserves the right to disqualify any votes it believes violate these rules.

Sponsor, in its sole discretion, reserves the right to disqualify any business or person tampering with the voting process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the poll. Use of bots or other automated process to vote is prohibited and may result in disqualification at the sole discretion of Sponsor. Offering potential voters a tangible reward or incentive for voting (e.g., buying votes, offering services or discounts in exchange for votes, providing entry into a sweepstakes for votes) is prohibited.

Sponsor reserves the right to cancel, terminate or modify the poll if it is not capable of completion as planned for any reason as determined by Sponsor in its sole discretion, including, for example, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort.

Sponsor Entities are not responsible for errors in the administration or fulfillment of this poll, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this promotion based upon such error at its sole discretion without liability.

SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS POLL.

CAUTION: ANY ATTEMPT BY AN VOTER TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS POLL MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH VOTER TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Applicable Laws and Jurisdiction

This poll is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Rules shall be governed by the laws of the State of Minnesota without regard to any principles of conflict of laws.  All disputes arising out of or connected with this poll will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Washington County, Minnesota. Should there be a conflict between the laws of the State of Minnesota and any other laws, the conflict will be resolved in favor of the laws of the State of Minnesota. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this poll and shall not include any indirect, punitive, incidental and/or consequential damages.