myhealthCheckOnline.com and myLT.com Use Agreement
Updated April 3, 2013
Life Time Fitness welcomes you ("I" or "my") to myLT.com, including myltmyplan.com (collectively, "myLT.com") and myHealthCheckOnline.com. myLT.com and myHealthCheckOnline.com are online, web-based services with Life Time Fitness, Inc., including its subsidiaries ("Life Time"). myHealthCheckOnline.com allows myHealthCheck participants to view their myHealthDashboard and myHealthScore and to access healthy way of life materials. myHealthCheck participants have access to myLT.com to establish a user account and to access Life Time materials and services. Use of myLT.com by myHealthCheck participants, and acceptance of this Agreement, does NOT establish a membership with Life Time.
- myHealthCheckOnline.com and myLT.comTerms and Conditions. By visiting, accessing or using any part of myHealthCheckOnline.com or myLT.com, I expressly accept, agree to and consent to be bound by the terms and conditions of this myHealthCheckOnline.com and myLT.com Use Agreement ("Agreement"). If I do not agree to these terms and conditions of use, I will not access or use any portion of myHealthCheckOnline.com and myLT.com, and agree that my sole remedy is to discontinue my access to or use of myHeathCheckOnline.com and myLT.com.
- myHealthCheckOnline.com and myLT.com Eligibility. I understand that use of both myHealthCheckOnline.com and myLT.com is limited to myHealthCheck Participants who are at least eighteen years of age. I represent and warrant that I am an active myHealthCheck participant through the myHealthCheck program sponsored by my employer.
- 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 myHealthCheckOnline.com and myLT.com Use Agreement may be found at www.lifetimefitness.com. My continued access to or use of myHealthCheckOnline.com and myLT.com constitutes my conclusive acceptance of the modified agreement.
- myHealthCheckOnline.com and myLT.com Modifications. Life Time reserves sole and complete discretion with respect to the operation of myHealthCheckOnline.com and myLT.com. Life Time reserves the right to modify myHealthCheckOnline.com and myLT.com, 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 myHealthCheckOnline.com and myLT.com, including for periodic maintenance, equipment malfunctions or causes beyond Life Time's control. Life Time further reserves the right to terminate myHealthCheckOnline.com and myLT.com. My continued access to or use of myHealthCheckOnline.com and myLT.com 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 myHealthCheckOnline.com or myLT.com.
- Electronic Communications. When I access or use myHealthCheckOnline.com and myLT.com, 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 myHealthCheckOnline.com or myLT.com or by email I provide by setting up my user account. However, such communications from Life Time for the myHealthCheckOnline.com users shall be limited to communications relating to the userÕs employer sponsored myHealthCheck program and any related services, programs and educational materials approved by your employer sponsor. 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.
- Copyright and Trademarks. I understand that the entire contents of myHealthCheckOnline.com and myLT.com 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 myHealthCheckOnline.com and myLT.com, 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 myHealthCheckOnline.com and myLT.com, including any information, products or services, without Life Time's express written consent. I understand and agree that myHealthCheckOnline.com and myLT.com 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.com 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.com ("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.com. I further agree that Life Time does not need to give me any further right to approve its uses of my User Content. SUCH LIFE TIME RIGHTS DO NOT APPLY TO YOUR MYHEALTHCHECK DATA AND RESULTS, MYHEALTHSCORE AND OTHER PERSONAL HEALTH INFORMATION. Your myHealthCheck data and results, myHealthScore and other Personal Health Information that is not publicly posted or disclosed by you, is not included in the User Content, and will only be used by Life Time in the aggregate in accordance with the applicable Participant Consent Form.
- 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.com, nor does it control the content made available by users of myLT.com. 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. For the avoidance of doubt, User Content does NOT include your myHealthCheck Data and Results, myHealthScore and other Personal Health Information unless you publicly disclose such information.
- 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 myHealthCheckOnline.com or myLT.com 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 Fitness, Inc., 2902 Corporate Place, Chanhassen, MN 55317 Attn: Copyright Agent with the following information: (a) a physical or electronic signature of a person authorized to act on the copyright owner's behalf; (b) a description of the copyrighted work claimed to have been infringed; (c) a description of where the copyrighted work is located on myHealthCheckOnline.com or myLT.com, including if possible a URL; (d) your address, telephone number and email address; (e) 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 (f) 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.
- Equipment. 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 myHealthCheckOnline.com and myLT.com, including but not limited to hardware and software; electrical, telecommunications and internet access connections and links; and web browsers.
- Passwords and Security. I understand that I must register for myHealthCheckOnline.com and myLT.com by creating a username and a password in order to access and use myHealthCheckOnline.com and myLT.com. I agree to maintain the security, confidentiality and integrity of my username, password, and any other security measures employed on myHealthCheckOnline.com and myLT.com. I am responsible for all access to and use of myHealthCheckOnline.com and myLT.com (including all financial transactions) under my username and password, including but not limited to access or use by any partner or secondary 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.
- Accuracy of My Personal Information. I represent and warrant that all information that I provide to Life Time through myHealthCheckOnline.com and myLT.com 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.com for payment of membership dues or Club Tab or other transactions.
- Health and Wellness Information. myHealthCheckOnline.com and myLT.com 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 information I post on the Discussion Board or Forum is viewable by all users of myLT.com.
- Termination of My Use of myHealthCheckOnline.com and myLT.com. Life Time may block, restrict, disable, suspend or terminate my access to or use of all or any parts of myHealthCheckOnline.com and myLT.com without prior notice or liability to me.
- Inappropriate Use of myHealthCheckOnline.com and myLT.com. I agree that I will not post, submit, transmit, email, upload, share, store or otherwise make available any User Content:
myLTBuck$. If I am a member of Life Time, by registering for a myLT.com account, I agree to be bound by the terms and conditions of the myLTBuck$ program as stated on myLT.com
ASSUMPTION OF RISK AND WAIVER OF LIABLITY. I EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT IN ACCESSING AND USING MYHEALTHCHECKONLINE.COM AND MYLT.COM, 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 MYHEALTHCHECKONLINE.COM AND MYLT.COM AT MY OWN RISK, AND AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST LIFE TIME FITNESS, 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, WILFULL MISCONDUCT, OR RECKLESS DISREGARD, UNLESS PROHIBITED BY APPLICABLE PRIVACY LAW.
DISCLAIMER OF WARRANTIES. I EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT I AM ACCESSING MYHEALTHCHECKONLINE.COM AND MYLT.COM ON AN "AS IS, WHERE IS, AND AS AVAILABLE" BASIS. LIFE TIME IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADAQUACIES IN THE CONTENT OFMYHEALTHCHECKONLINE.COM OR MYLT.COM 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 MYHEALTHCHECKONLINE.COM OR MYLT.COM OR THE ERROR-FREE USE OF MYHEALTHCHECKONLINE.COM OR MYLT.COM. 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 MYHEALTHCHECKONLINE.COM OR MYLT.COM. LIFE TIME IS PROVIDING MYHEALTHCHECKONLINE.COM OR MYLT.COM 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.
- 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, General Terms Agreement, or Membership Application and 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.com or myHealhCheckOnline.com, including but not limited to User Content with a software virus or User Content in an excessive amount (e.g., flooding attack).
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.
INDEMNIFICATION. I AGREE TO INDEMNIFY AND HOLD HARMLESS LIFE TIME FITNESS 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 FITNESS 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 MYHEALTHCHECKONLINE.COM AND MYLT.COM IN BREACH OF THIS AGREEMENT OR THE USER CONTENT I MAKE AVAILABLE VIA MYLT.COM BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO USER CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.
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 MYHEALTHCHECKONLINE.COM AND MYLT.COM, MY INABILITY TO USE OR MALFUNCTIONS OF MYHEALTHCHECKONLINE.COM AND MYLT.COM, STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO MYHEALTHCHECKONLINE.COM AND MYLT.COM.
Other. 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.