Updated March 2018
myLT.life and lifetime.life Use Agreement
Life Time welcomes you ("I" or "my") to myLT.life andlifetime.life (collectively, "myLT.life"). myLT.life is an online web-based service with Life Time, Inc., including its subsidiaries ("Life Time"). Life Time members have access to myLT.life to establish a user account and to access Life Time materials and services. Use of myLT.life, and acceptance of this Use Agreement, does NOT establish a membership with Life Time.
1. myLT.life Terms and Conditions.
By visiting, accessing or using any part of myLT.life, I expressly accept, agree to and consent to be bound by the terms and conditions of this myLT.life and lifetime.life Use Agreement ("Agreement"). If I do not agree to these terms and conditions of use, I will not access or use any portion of myLT.life, and agree that my sole remedy is to discontinue my access to or use of myLT.life.
2. myLT.life Eligibility.
I understand that use of myLT.life is limited to users least eighteen 18 years of age. I represent and warrant that I am at least eighteen (18) years of age.
3. Use Agreement Modifications.
Life Time may modify this Agreement at any time. Such modification shall be effective immediately upon either posting of the modified agreement or by notifying me. The most current version of the myLT.life Use Agreement may be found at myLT.life. My continued access to or use of myLT.life constitutes my conclusive acceptance of the modified agreement.
4. myLT.life Modifications.
Life Time reserves sole and complete discretion with respect to the operation of myLT.life. Life Time reserves the right to modify myLT.life, in whole or in part, at any time for any reason, including but not limited to changes to any features, content, functionality, software or other items used or contained in the site. Life Time further reserves the right to suspend myLT.life, including for periodic maintenance, equipment malfunctions or causes beyond Life Time's control. Life Time further reserves the right to terminate myLT.life. My continued access to or use of myLT.life constitutes my conclusive acceptance of any such modifications. I agree that Life Time shall not be liable to me for any such modification, suspension or termination of myLT.life.
5. Electronic Communications.
When I access or use myLT.life, I understand that I am communicating electronically with Life Time. I expressly consent to receipt of electronic communications from Life Time whether by posting on myLT.life or by email I provide by setting up my user account. I understand and agree that all agreements, notices, disclosures, authorizations, verifications, confirmations or other electronic communications that Life Time provides to me according to this paragraph satisfies any legal requirement that such communication be in writing.
6. Copyright and Trademarks.
I understand that the entire contents of myLT.life are copyrighted under the law as collective work and/or compilation. Life Time holds and owns the copyright and all other proprietary and intellectual property rights and title in and to the collective work, including but not limited to the pages, graphics, design, text, sound recordings, images, materials and content of myLT.life, some of which may be trademarked. I agree that I will not copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from, any of the contents of myLT.life, including any information, products or services, without Life Time's express written consent. I understand and agree that myLT.life is solely for my personal, non- commercial use. Subject to these and any other express restrictions with regard to specific material, I understand that I may download information concerning my Life Time services or, if applicable, my membership, from myLT.life solely for my personal non-commercial use, including as applicable information concerning my membership type, status, enrollment date, contact information, club usage, transactions, packages and/or payment accounts, if applicable. I understand that by posting, submitting, transmitting, emailing, messaging, uploading, sharing, or otherwise making available (hereinafter "post" or "posting") any messages, text, files, images, video, photos, sounds, or other materials on or through myLT.life ("User Content"), I am granting Life Time, its subsidiaries, affiliates, assigns, agents, and licensees the irrevocable, perpetual, fully paid, non- exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and prepare derivative works of the User Content in or on myLT.life. I further agree that Life Time does not need to give me any further right to approve its uses of my User Content.
7. User Content.
I agree that all User Content is the sole responsibility of the person from whom it originated. I agree and represent that I will only post User Content that I have created or that I have been granted permission to use, including specifically User Content on Discussion Boards or Forums. Life Time is not responsible for any User Content posted on myLT.life, nor does it control the content made available by users of myLT.life. I further understand that Life Time makes no representations or warranties concerning any efforts to review or monitor such User Content, including the extent to which it may be considered or construed as personal, private, inappropriate, inaccurate, offensive, profane, misleading or otherwise objectionable. I acknowledge that, while Life Time does not pre-approve or pre-screen User Content, Life Time has the right, in its sole discretion, to review User Content, and disable, remove, or delete any User Content that violates this Agreement, that may infringe a copyright or for any other reason. I further agree that Life Time shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with my use of, or my reliance upon, any such User Content.
8. Copyright Infringement Notification.
Pursuant to the Digital Millennium Copyright Act ("DMCA"), Life Time has designated an agent ("Copyright Agent") to receive notices of claimed copyright infringement. If I (or an agent authorized to act on my behalf) believe in good faith that my work is on myLT.life in a way that constitutes copyright infringement, please provide written notice to Life Time's Copyright Agent by email to email@example.com or by mail to Life Time, Inc., 2902 Corporate Place, Chanhassen, MN 55317 Attn: Copyright Agent with the following information:
- a physical or electronic signature of a person authorized to act on the copyright owner's behalf;
- a description of the copyrighted work claimed to have been infringed;
- a description of where the copyrighted work is located on myLT.life, including if possible a URL;
- your address, telephone number and email address;
- a statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent or the law; and
- a statement, under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
In accordance with the DMCA, Life Time may delete, remove or disable any infringing work, and may forward to the alleged infringer your written notice and its own notice that the work has been deleted, removed or disabled. Life Time reserves the right to terminate members who have posted infringing work.
I agree that I am solely responsible for purchasing, maintaining, and ensuring all equipment, programs and services necessary for, and compatible with, my access to and use of myLT.life, including but not limited to hardware and software; electrical, telecommunications and internet access connections and links; and web browsers.
10. Passwords and Security.
Passwords and Security. I understand that I must register for myLT.life by creating a username and a password in order to access and use myLT.life. I agree to maintain the security, confidentiality and integrity of my username, password, and any other security measures employed on myLT.life. I am responsible for all access to and use of myLT.life (including all financial transactions) under my username and password, including but not limited to access or use by any partner, secondary, or additional member, if applicable, whether or not authorized by me. I agree to immediately notify Life Time of any breach of security, including but not limited to unauthorized use of my username or password, and to immediately take all reasonable steps to prevent its further occurrence, including but not limited to changing my password.
11. Accuracy of My Personal Information.
I I represent and warrant that all information that I provide to Life Time through myLT.life is current, accurate, complete and truthful, including but not limited to all initial or updated registration or membership information, including the legal name, street address, email address, telephone number, and financial transaction account information related to me or anyone on my membership. If a member of Life Time, I further specifically represent and warrant that I am an authorized account holder of any financial transaction account which I provide to Life Time through myLT.life for payment of membership dues or Club Tab or other transactions.
12. Health and Wellness Information.
myLT.life contains information about leading a healthy way of life, including information on health, wellness and fitness issues. I understand that such information is not intended to represent medical diagnosis, treatment or care and should not be used in place of consultation with or advice from your healthcare professionals. I understand that I should consult my physician or healthcare professional before beginning or altering my personal exercise, diet or nutritional supplement program. Any health informati
13. Termination of My Use of myLT.life.
Life Time may block, restrict, disable, suspend or terminate my access to or use of all or any parts of myLT.life without prior notice or liability to me.
14. Inappropriate Use of myLT.life.
I agree that I will not post, submit, transmit, email, upload, share, store or otherwise make available any User Content:
- that is unlawful, illegal, threatening, abusive, harassing, stalking, intimidating, libelous, false, defamatory, invasive of another's privacy or publicity rights, violent, vulgar, obscene, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive or improper in Life Time's judgment;
- that is hateful toward an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, age, disability or religion;
- that violates any contract or agreement I have with Life Time, including but not limited to my Member Usage Agreement and General Terms Agreement(these agreements only apply to Life Time Members);
- that includes personal or identifying information about another person without that person's affirmative consent;
- that is false, fraudulent, misleading, misinformative, or deceptive;
- that constitutes or contains any form of commercial advertising, marketing, solicitation or promotion, including but not limited to messages and links for commercial purpose or benefit and any affiliate marketing, link referral code, junk mail, spam, chain letters, or pyramid or ponzi schemes; and
- that may interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of myLT.life, including but not limited to User Content with a software virus or User Content in an excessive amount (e.g., flooding attack).
15. LT BUCK$.
If I am a member of Life Time, by registering for a myLT.life account, I agree to be bound by the terms and conditions of the LT BUCK$ program.
16. Third Party Content, Services, Applications and Tools.
18. ASSUMPTION OF RISK AND WAIVER OF LIABILITY.
I EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT IN ACCESSING AND USING MYLT.LIFE, INCLUDING BUT NOT LIMITED TO LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. I EXPRESSLY ASSUME THESE RISKS, AGREE TO ACCESS AND USE MYLT.LIFE AT MY OWN RISK, AND AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST LIFE TIME, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, RELATED TO SUCH ACCESS OR USE (INCLUDING CLAIMS ON BEHALF OF MINORS ON MY MEMBERSHIP) FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY ME OR ANY PERSON ON MY MEMBERSHIP CAUSED AS A RESULT OF LIFE TIME'S NEGLIGENCE, BUT NOT THOSE RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR RECKLESS DISREGARD, UNLESS PROHIBITED BY APPLICABLE PRIVACY LAW
19. DISCLAIMER OF WARRANTIES.
I EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT I AM ACCESSING MYLT.LIFE ON AN "AS IS, WHERE IS, AND AS AVAILABLE" BASIS. LIFE TIME IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF MYLT.LIFE OR ANY PARTICULAR FEATURES OR SERVICES OFFERED THEREIN. LIFE TIME DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON MYLT.LIFE OR THE ERROR-FREE USE OF MYLT.LIFE. LIFE TIME IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF MYLT.LIFE. LIFE TIME IS PROVIDING MYLT.LIFE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO ME, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO ME, AND I MIGHT HAVE ADDITIONAL RIGHTS.
I AGREE TO INDEMNIFY AND HOLD HARMLESS LIFE TIME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM MY VIOLATION OF THIS USE AGREEMENT. I ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS LIFE TIME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF MY USE OF MYLT.LIFE IN BREACH OF THIS AGREEMENT OR THE USER CONTENT I MAKE AVAILABLE VIA MYLT.LIFE BY ANY MEANS, INCLUDING WITHOUTLIMITATION THROUGH A POSTING, A LINK, REFERENCE TO USER CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.
21. LIMITATION OF LIABILITY.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, I EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LIFE TIME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO ME OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM MY ACCESS TO OR USE OF MYLT.LIFE, MY INABILITY TO USE OR MALFUNCTIONS OF MYLT.LIFE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO MYLT.LIFE.
22. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
- Mandatory Binding Individual Arbitration. Except as expressly provided below, Life Time and I (each a “party” or, together, “us,” “we” or “parties”) agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
- Waiver of Class Actions. We each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
- Waiver of Jury Trial. We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
- Claims Not Subject to Arbitration. There are only three exceptions to this Arbitration Agreement:
- Small Claims. Either party may bring individual Claims in small claims court.
- Personal Injury Claims. Both parties must bring personal injury Claims in court. For purposes of this exception, personal injury Claims are Claims arising from injury to the physical structure of the human body.
- Emergency Equitable Relief. Either party may seek temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
- Arbitration Providers. Each party has a choice of initiating arbitration before either the American Arbitration Association (“AAA”) or JAMS, which are both established alternative dispute resolution providers (“ADR Providers”). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.
- Arbitration Rules. The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org or by calling AAA at (800) 778-7879) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com or by calling JAMS at (800) 352-5267) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
- Arbitration Location. The arbitration hearing will be held at the ADR Provider’s location that is closest to the claimant’s primary residence, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings.).
- Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
- Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
To the extent that any part of the terms and conditions in this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, that part shall be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement shall remain in full force and effect. I agree that Life Time's failure to exercise or enforce a legal right, remedy or benefit which is contained in the Agreement or any applicable law does not constitute waiver of its right to do so later.
I have read, understand and voluntarily agree to all of the terms and conditions of this use agreement.