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.

OFFICIAL RULES – ANYTIME FITNESS® RUGGED MANIAC

INSTAGRAM SWEEPSTAKES

These Official Rules for the Anytime Fitness® Rugged Maniac Instagram sweepstakes (the “Sweepstakes”) are subject to change at any time at the sole discretion of Anytime Fitness, LLC (“Sponsor”). Void where prohibited.

Eligibility. To be eligible to win you must be at least 18 years old as of the date prizes are awarded and a legal resident of the United States.

Sponsorship. The sponsor is Anytime Fitness, LLC (“Sponsor”), located at 111 Weir Drive, Woodbury, MN 55125.  Sponsor and its respective officers, directors, shareholders, and employees, including without limitation, the immediate family members of such individuals, are not eligible to participate.  Sponsor will conduct the Sweepstakes substantially as described in these Official Rules.

Sweepstakes Period. This Sweepstakes period begins on August 27th, 2018 at 12:01 AM CST and ends on August 31st, 2018 at 7:00 PM CST (“Sweepstakes Period”).

How to Enter. During the Sweepstakes Period, to enter, entrants must “like” the Anytime Fitness Rugged Maniac Instagram post and tag one friend in the comments.  Limit one (1) entry per person.

Sponsor’s decisions and interpretations on all matters relating to the Sweepstakes and these Official Rules are final and binding in all respects.

Winners will be notified by direct message through Instagram.  Winners who fail to respond to Sponsor’s direct message within 72 hours may be disqualified.  Sponsor reserves the right to disqualify any entrant or winner and may refuse to award a prize to a person who is not eligible, has violated a rule, or gained unfair advantage.  No other form of entry is valid.  Sponsor reserves the right, but not the obligation, to review any entry for violation of the Official Rules and may, in its sole discretion, reject or otherwise exclude an entry if deemed invalid or ineligible.

Prize. Two (2) winners will be randomly selected from all eligible entrants and one (1) prize will be awarded to each winner.  The prizes will each consist of two (2) voucher codes, each voucher code good for one free entry to a Rugged Maniac Obstacle Course race and a selection of Rugged Maniac branded apparel and/or items, chosen at Sponsor’s discretion.  Each prize has an equivalent cash value of approximately $200.

Winner agrees to accept the prize “as is” and entrants hereby acknowledge that Sponsor is not, in any manner, responsible or liable for any warranty, representation, or guarantee relative to the prize.  Additional terms and conditions may apply and Sponsor shall not be responsible or liable in any way for any cancellations, losses or damages.

Winner is solely responsible for any federal, state, and local taxes. Each prize is awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor. Sponsor reserves the right to substitute prizes of equivalent value.

Odds. The odds of winning will depend on the number of entries.

Winners Names. Winners’ names are available only within thirty (30) days after the close of the Sweepstakes.  To receive the name of the winners, where permitted by law, or a printed copy of the Official Rules, please contact Sponsor at socialmedia@sebrands.com.

DISCLAIMERS, CONSENT AND RELEASE. By entering this Sweepstakes, you promise to abide by the Official Rules and decisions of Sponsor, which will be final and binding in all respects.

WARNING: ANY ATTEMPT BY ANY PERSON, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE ANY SPONSOR-OWNED WEBSITE OR MOBILE APPLICATION OR RELATED SOCIAL NETWORKING SITE, THE ENTRY PROCESS, OR OTHERWISE INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE DRAWING, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL REMEDIES AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

By entering, each entrant releases, discharges and holds harmless Sponsor and its affiliated companies, and any other party associated with the development, communication or administration of this Sweepstakes, 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 Sweepstakes, 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, Instagram®, Inc., their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the Sweepstakes, 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 entering or downloading materials or software in connection with entering, or for entries that are stolen, misdirected, garbled, delayed, lost, or late.  By participating, each entrant 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 Sweepstakes.

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

By entering, 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 reserves the right to cancel, terminate or modify the Sweepstakes 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 Sweepstakes, 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.

APPLICABLE LAWS AND JURISDICTION.

This Sweepstakes 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 Sweepstakes 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 Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.