PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING,

YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

 

Effective Date: March 6, 2019

 

Welcome to the EVO Rock + Fitness Louisville website. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”).

 

These Terms of Use (the “Terms”) are a binding contract between you and Eastern Rocks Louisville, LLC. (“EVO Louisville,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy.

 

What Are the Basics and Restrictions on Use of the EVO Rock + Fitness Louisville Website?

 

You can view our website without registering for an account or profile. To reserve classes, events, or certain services you will need an online profile (“User ID”). For monthly or daily members, we will work with you to establish your User ID. The User ID is created and maintained through a third-party service. If you reserve a class, events, or certain services, we will link that reservation with your User ID. If you created a User ID online by providing registration information including an email address and password, your User ID will be linked with your reservation. You promise to provide accurate, complete, and updated registration information about yourself. You may not have a User ID using a name or email that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

 

You represent and warrant that you are an individual of legal age to form a binding contract. If not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf.

 

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

 

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

 

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

 

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including EVO Louisville);
  • Violates any law or regulation, including, without limitation, any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your EVO Louisville account or anyone else’s (such as allowing someone else to log in to the Services as you);
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content;
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

 

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

 

What Are My Rights in the Services?

 

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by applicable intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including EVO Louisville’s) rights.

 

You understand that EVO Louisville owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.

 

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply—they do!

 

What About My Privacy?

 

EVO Louisville takes the privacy of its users very seriously. For the current EVO Louisville Privacy Policy.

 

The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at louisville@evorock.com.

 

Who Is Responsible for What I See and Do on the Services?

 

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

 

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

 

The Services may contain links or connections to third party websites or services that are not owned or controlled by EVO Louisville. When you access third party websites or use third party services, you accept that there are risks in doing so, and that EVO Louisville is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. For example, we use a third-party service for your booking profile.

 

EVO Louisville has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, EVO Louisville will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

 

Your interactions with organizations or individuals or both found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals or both. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that EVO Louisville shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

 

The Services may make available information, data, materials, services, products, merchandise, functionality or other resources (collectively, “Information”), as well as references and links to such Information. Information may be made available by EVO Louisville or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations as to the accuracy, validity, reliability, integrity, quality, legality, usefulness, appropriateness or safety of the Information, or any intellectual property rights related to the Information.

 

If there is a dispute between participants on this site, or between users and any third party, you agree that EVO Louisville is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release EVO Louisville, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our Services or both. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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, if known by him must have materially affected his settlement with the debtor.”

 

Does EVO Louisville Have Rights to What I Provide Through the Services?

 

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

 

For all User Submissions, you hereby grant EVO Louisville a license to translate, modify (for technical purposes, for example making sure your content is viewable on a phone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only—your ownership in User Submissions is not affected.

 

If you store a User Submission in your own personal EVO Louisville account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant EVO Louisville the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

 

If you share a User Submission publicly on the Services or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant EVO Louisville the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all EVO Louisville users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services or otherwise in connection with EVO Louisville’s business for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

 

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.

 

Finally, you understand and agree that EVO Louisville, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

 

Can EVO Louisville Change the Services?

 

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

 

Does EVO Louisville Charge for Services?

 

If you wish to purchase products or services or register for an event described in the Services, such as certain classes or events (each, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You understand that any such information will be treated by EVO Louisville in the manner described in our Privacy Policy. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your Transactions. In addition to these Terms of Use, your Transaction shall be subject to any additional terms applicable to such event, features or purchases. You grant EVO Louisville the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

 

If we or the third party service are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your class or event registration may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Services.

 

Amounts not paid by you to EVO Louisville when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorneys’ and collection fees, that EVO Louisville may incur in its efforts to collect any remaining balances due from you. These Terms shall in no way limit any other remedies available to EVO Louisville. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify EVO Louisville of any billing problems or discrepancies within 60 days after they first appear on your credit card account statement. If you do not notify EVO Louisville within 60 days, you waive any right to dispute such problems or discrepancies. You may attempt to cancel a Transaction, but EVO Louisville is not required to refund the charges related to that Transaction.

 

Access to the EVO Louisville website is currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

 

What If I Want to Stop Using the Services?

 

You’re free to do that at any time. For Services that entail a charge, those charges are generally non-refundable. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

 

EVO Louisville is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. EVO Louisville has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

 

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

 

What If I See Something on the Services That Infringes My Copyright?

 

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like EVO Louisville, being asked to remove material that allegedly violates someone’s copyright. If you see something on the Services that infringes your copyright, you should notify EVO Louisville of your copyright infringement claim in accordance with the following policy procedure. Notifications of claimed copyright infringement should be sent to EVO Louisville by mail at 1754 Dogwood St Louisville, CO 80027, or by e-mail to louisville@evorock.com. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)(A): (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on the Services; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are a user outside the United Sates and are not subject to the DMCA, you should notify EVO Louisville of your copyright infringement claim in writing and in accordance with the above procedure and other applicable intellectual property laws. Upon receipt of a proper notice of copyright infringement, we reserve the right to: (a) remove or disable access to the infringing material; (b) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and (c) terminate such content provider’s access to the Services if he or she is a repeat offender.

 

Will EVO Louisville Ever Change These Terms?

 

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice at https://www.evorock.com/louisville-co/, by sending you an email, or by some other means.

 

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

 

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

 

What Else Do I Need to Know?

 

Warranty Disclaimer. Neither EVO Louisville nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from EVO Louisville or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY EVO LOUISVILLE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL EVO LOUISVILLE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO EVO LOUISVILLE IN CONNECTION WITH THE SERVICES IN THE 12 MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold EVO Louisville, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, (c) any allegation that your User Submission infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party, (d) the termination of your access to the Services.

 

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations under these Terms, or your Services account, in any way (by operation of law or otherwise) without EVO Louisville’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

 

Terms that Survive Termination. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

 

Choice of Law; Venue; Jury Trial Waiver; Class Action Waiver. These Terms are governed by and will be construed under the laws of the State of Colorado, without reference to Colorado’s conflict of laws principles. Any civil action or proceeding arising out of or related to these Terms will be brought in the state courts in Boulder County, Colorado, and the parties irrevocably consent to the personal jurisdiction of these courts, and waive any rights to alter or change venue, including by removal. All claims in any litigation between the parties will be tried to and decided by the court, rather than a jury. Class actions are not permitted. You agree that, by entering into these Terms, you are waiving the right to participate in a class action. You agree that you not initiate any class-wide proceedings, including class actions, against another party, and will not act as a class representative or class member. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND EVO LOUISVILLE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the EVO Louisville may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right in these Terms shall not be deemed a waiver of any further rights under these Terms. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and EVO Louisville agree that these Terms are the complete and exclusive statement of the mutual understanding between you and EVO Louisville, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of EVO Louisville, and you do not have any authority of any kind to bind EVO Louisville in any respect whatsoever. You and EVO Louisville agree that Eastern Rocks LLC., is an express third-party beneficiary to these Terms and is entitled to the rights and benefits of these Terms and may enforce these Terms as if it were a party to these Terms.

 

What If I Have Questions About These Terms?

 

If you have any questions or concerns regarding these Terms, please send us a detailed message to louisville@evorock.com.

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