Terms of Use: Sports Club in Sacramento & Contra Costa County, CA

Effective Date: May 2016 | Version: 3

Welcome to the Spare Time, Inc. website and mobile app (collectively, the “Service”).

Spare Time, Inc. DBA “Spare Time Sports Clubs” owns, operates and manages multiple independent sports clubs, day spas and an indoor tennis facility. The terms “Spare Time Sports Clubs”, “Club”, “Spa”, “Facility”, “we”, “us” and “our” refer to Spare Time, Inc. The terms “you”, “your”, and “yours” refer to you, the user of the Service.

ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE SERVICE. USING THE SERVICE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SERVICE. SPARE TIME SPORTS CLUBS RESERVES THE RIGHT TO REVISE, AMEND OR MODIFY THESE TERMS AND OUR OTHER POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY MANNER BY UPDATING THIS PAGE. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Use of Service

Spare Time Sports Clubs is the owner of the Service as a whole and of any individual content that is provided by Spare Time Sports Clubs staff members or contributors who provide work under contract with Spare Time Sports Clubs. Spare Time Sports Clubs authorizes you to access, view and download the text, graphics, images, documents and other materials (“Content”) contained in or made available through the Service only for your personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original Content.

You may not modify the Content provided on the Service in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of the Content on any other Website or networked computer environment for any purpose is prohibited. Any unauthorized use of any Content on the Service may violate copyright, trademark, and other laws. No title to nor ownership of any Content is transferred to you. All rights not expressly granted by Spare Time Sports Clubs to you are retained by us. You are responsible for obtaining and maintaining all telephone, internet service, computer hardware and other equipment needed for access to and use of the Service and all related charges.

Third-Party Entities

This Service may contain references to third-party intellectual, physical, copyrighted and/or trademarked property (“Property”). Rights to such Property remain specifically with it’s legal owners and is used by Spare Time Sports Clubs with permission. Use of such Property does not establish an affiliation, whether implied or not implied, with the Property or it’s owners.

MEDICAL & HEALTH INFORMATION DISCLAIMER

Spare Time Sports Clubs and the content provided on this Service are for informational purposes only and is not a substitute for professional medical or health advice, examination, diagnosis, or treatment. Contact your physician before starting or altering any physical fitness program. If you choose to participate in activity, of any kind, described on this Service, you do so at your own risk. Spare Time Sports Clubs cannot be held responsible for your actions and/or result of actions, including injury and/or death.

Restrictions on Use

This Service may only be used for lawful purposes consistent with all rights of other parties and may not be used to violate any state, federal, or local laws. Unlawful activities include but are not limited to storing, distributing or transmitting any threatening, libelous, defamatory, obscene, or pornographic or any other content (by email, uploading, posting, or otherwise) in violation of privacy rights or copyright or trademark rights, or attempting to compromise the security of this Service or any networked account. You are expressly prohibited from violating or attempting to violate the security of this Service, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus to the Service, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”. Violations of system or network security may result in civil or criminal liability. Spare Time Sports Clubs may investigate occurrences that involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations. Spare Time Sports Clubs requests that anyone who believes that there is a violation of these Terms direct the information to craigb@sparetimeinc.com.

Further, except with Spare Time Sports Clubs express advance authorization or in a clearly designated area, you may not use the Service to: (a) upload, post, email or otherwise transmit any Communications that provides any telephone numbers, street addresses, last names, URLs or email address; (b) engage in commercial activities within Spare Time Sports Clubs (such as by advertising or selling products or services or inducing other users to enroll in a promotional or money-making enterprise); or (c) solicit donations for any purpose.

Spare Time Sports Clubs reserves the right to temporarily or permanently suspend users from using the Service if they engage in abusive behavior. Abusive behavior includes violent threats, harassment, obscene content or language, hateful content or remarks, spam, impersonation, sharing private information, or self-harm. Spare Time Sports Clubs reserves the right to make determinations and categorize content as abusive.

Third-Party Software

You may be able to download third-party software (“Third Party Software”) from this Service. If you download Third-Party Software from this Service, use of the Third-Party Software is subject to the license terms associated with such Third Party Software in the applicable end-user software license agreement(s) that accompanies or is provided with such Third Party Software (“End User Software License Agreement”). You may not download or install the Third-Party Software until you have read and accepted the terms of the End User Software License Agreement.

Links to Other Websites

Links to third-party Websites (“Third Party Sites”) on this Service are provided solely as a convenience to you. If you use these links, you will leave this Service. Spare Time Sports Clubs has not reviewed any of these Third Party Sites and these sites are not governed by these terms or Spare Time Sports Clubs Privacy Policy (see below). These links may unintentionally lead to sites containing information that some may find inappropriate or offensive. Spare Time Sports Clubs does not endorse or make any representations about any of these Third Party Sites, or any information, software or other products or materials found there, or any results that may be obtained from using such sites. If you decide to access any of the Third Party Sites linked to this Site, you do this entirely at your own risk.

Privacy Policy

Please see our Privacy Policy, which contains a description of the information gathering and dissemination practices for this Service. As a condition to the use of this Site, users of this Service expressly agree to the terms set forth in our Privacy Policy, which is incorporated by reference in to these Terms as if they were fully set forth in these Terms.

Modifications to the Service

Spare Time Sports Clubs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Service (or any part thereof) with or without notice. Spare Time Sports Clubs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Mobile App Link Terms & Conditions

By linking your device to your member account, you agree to the following terms & conditions:

The Check-In feature is limited to participating locations only.
Device linking is limited to one (1) device at a time.
The device must be used by the member named on the member account.
By linking your device, the App may use your information for additional features and functionality.
Use of the Check-In feature is limited to members with a current picture on their member record.
To link your device, unique identification information from your device will be transmitted and stored in combination with your member information.
The Club reserves the right to disable the Check-In feature on your account/device.
Just like your membership card, you cannot share your access to the Club facilities with those not named on your membership account. Attempts to use the mobile Check-In feature to share your Club access may result in suspension and/or membership termination.

Disclaimer

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. SPARE TIME SPORTS CLUBS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. SPARE TIME SPORTS CLUBS DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OR OPERATION OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) ANY STORED CONTENT WILL BE ACCURATE OR RELIABLE OR ITS INTEGRITY MAINTAINED, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (V) ERRORS OR DEFECTS WILL BE CORRECTED, (VI) THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL SPARE TIME SPORTS CLUBS, ITS OFFICERS, DIRECTORS, ASSIGNS, AND EMPLOYEES OR ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SERVICE, ANY WEBSITES LINKED TO THIS SERVICE, OR THE CONTENT OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IN NO EVENT SHALL SPARE TIME SPORTS CLUB’S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACT OR INJURY THAT GAVE RISE TO THE LIABILITY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Spare Time Sports Clubs, its officers, directors, assigns, and employees and its suppliers from and against any liabilities, losses and reasonable costs and expenses (including reasonable attorney’s fees) arising out of any claims or suits by any third party connected with or resulting from your use of this Service in any unlawful manner or in any manner inconsistent with these Terms.

U.S. Government Restricted Rights

Government users will receive no greater than Restricted Rights as defined in FAR 52.227-14, FAR 52.227-19(c)(1-2) (Jun 1987) or DFAR 252.227-7013(c)(1)(ii) (Oct 1988), DFAR 252.221-7015(c) (May 1991), DFAR 252.227-7014, or DFAR 252.227-7018 as applicable in any Software at this Site. Government users will secure no greater than limited rights as defined in FAR 52.227-14, DFAR 252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as applicable in any technical data at this Service.

Copyright Infringement

Spare Time Sports Clubs respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Spare Time Sports Clubs and the Service, you may not post, modify, distribute or reproduce in any way any Communications that are copyrighted material belonging to others, without obtaining their prior written consent. Spare Time Sports Clubs reserves the right, in its discretion, to remove any Communications if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers. If you believe that your work has been copied and posted on the website/mobile app in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512—-000-.html. Spare Time Sports Clubs agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: gavinr@sparetimesportsclubs.com

By mail:
Spare Time Sports Clubs
Attn: Gavin Russo
11344 Coloma Road, Suite 350
Gold River, CA 95670

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

Applicable Laws

This Service is administered by Spare Time Sports Clubs from its offices in Sacramento, California. Spare Time Sports Clubs makes no representation that materials at this Service are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Service or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Service from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between you and Spare Time Sports Clubs for any reason arising out of or relating to these Terms or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Sacramento, California and you submit to the jurisdiction of such court. Any cause of action or claim you may have with respect to Spare Time Sports Clubs must be commenced within one (1) year after the claim or cause of action arises.

Violations of These Terms of Use

Please report any violations of these terms, including objectionable Communications or behavior, to craigb@sparetimeinc.com. Please state the reasons for your concern and provide a link to the Communication or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Spare Time Sports Clubs in its sole discretion may investigate the matter and take such action as Spare Time Sports Clubs determines to be appropriate.

General

If any provision of these terms and conditions is held invalid or unenforceable by any court of competent jurisdiction, that holding will not invalidate or render unenforceable any other provision of these Terms. Notwithstanding any provision to the contrary, Spare Time Sports Clubs will not be liable to you for any delay or interruption in performance of any obligation resulting from governmental emergency orders, judicial or government action, emergency regulations, sabotage, riots, vandalism, labor strikes or disputes, acts of god, fires, electrical failure, major computer hardware or software failures, equipment delivery delays, acts of third parties, or any other cause if the delay or interruption in performance is beyond its reasonable control. The failure of Spare Time Sports Clubs to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Except as otherwise stated above in these Terms, these Terms may not be waived or modified except in writing. These Terms constitute the entire agreement between you and Spare Time Sports Clubs and governs your use of this Service, superseding any prior agreements between you and Spare Time Sports Clubs regarding the subject matter contained in the Terms.