terms of use
Last Updated: Jul. 10, 2017

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.


GymLynx, Inc. (hereinafter referred to as "GymLynx", "we", "us" or "our") operates a platform and community marketplace that helps people browse, compare and rent unused recreation and fitness space from healthclubs, yoga studios, pilates studios, karate studios, dance studios and other indoor facilities, whether through our website or our mobile applications ("Platform").


The following terms and conditions ("Terms of Use") govern the use of the GymLynx Platform and Marketplace. By joining, logging in, using, renting, listing space, accessing or participating in the marketplace in any way, you ("you" or the "User") agree to all the terms of, and be bound by all the terms of, this Terms of Use.


We reserve the right to change our Terms of Use at any time. If we make any material changes, we will post a notice on our website for at least 7 days before the changes are posted and will indicate at the top of this Terms of Use the date this policy was last revised. It’s important that you review the changed terms. Any revisions to this Terms of Use will become effective (i) on the effective date or (ii) the first time you access or use the Platform after any such changes. If you do not agree to any part of this or any future Terms of Use, do not use, rent, access or participate in (or continue to use, rent, access or participate in) the Platform. We encourage you to periodically review this page for the latest information on our use practices.


Disclaimer: This website, service, marketplace, exchange, and system contains content for fitness professionals that is for information purposes only. It is the responsibility of each fitness professional to evaluate the suitability, accuracy and usefulness of any and all information contained herein; and confirm all proper medical clearances of individual clients; and take the proper precautions for each individual client and the fitness space rented/used herein.


DEFINITIONS

Facility means any space listed for rent on GymLynx (regardless of price).

Gym means the owner and physical location of the Facility listed in GymLynx for rent, included but not limited to a full-service healthclub, crossfit box, small personal training studio, yoga studio, pilates studio, karate studio, dance studio, boxing gym, karate dojo, private school gymnasium, ice rink, indoor pool, hotel conf room, etc.

Trainer means any person using our marketplace to rent space. This explicitly includes fitness trainers, instructors, pros, senseis, teachers, coaches, leaders, physical therapists, masseuses and any individuals.

Client means any person that enters the Facility under the Trainer's rental agreement, whether or not invited by Trainer, but is present during the reservation time the Trainer leads its exercise class or other fitness activity.

Individual means a person using our marketplace to rent space on their own behave and will NOT be bringing any Clients to a Gym or Facility.

User means anyone with an account in GymLynx, whether Trainer or Gym.

Platform means this GymLynx website and services offered herein.

Aggregated information means information about all GymLynx users or specific groups or categories of users that we combine together and which does not include the users’ Personal Information.

Personal Information means information relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of GymLynx.

Additional terms may be defined in sections below.


ACCOUNTS; REGISTRATION DATA; ACCOUNT SECURITY

In order for a User to rent or otherwise reserve time in a Facility from a Gym through our Platform, you must register for an account. In order to offer, rent or otherwise make available your Facility to another User through the Platform, you must also register for an account. In these Terms of Use, Users who rent space will be referred to as "Trainers" and Users who list Facilities and want to rent out their Facilities will be referred to as "Gyms". It is understood you may or may not be an actual trainer or a gym to rent and/or list a Facility. In addition, you may do both from a single account, thus, you are bound by both sets of terms.


You may register for an account by providing a unique email address and password. You may also register to join by logging into your account with certain third-party social networking sites (including, but not limited to, Facebook, Google+ and LinkedIn; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your GymLynx Account with Third-Party Accounts. You represent that you are entitled to disclose your Third-Party Account login information to GymLynx and/or grant GymLynx access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating GymLynx to pay any fees or making GymLynx subject to any usage limitations imposed by such third-party service providers.


In connection with registering for, joining, using, renting, listing space or participating in the Platform (whether as a Trainer or a Gym), you agree (i) to provide accurate, current and complete information about you and your organization as requested by GymLynx ("Registration Data"); (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update the Registration Data and any other information you provide to GymLynx, if changes occur, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.


Gyms:
By using the Platform, you are agreeing that you have full rights and authority to manage the Gym account, post pictures and logos of the Gym and Facility(ies) on the Platform and make any and all Facilities in your Gym available for rental. Your Gym has a valid business license and all government required insurance for your business is valid at the time of use by a Trainer. In addition, you acknowledge and approve GymLynx acting as a sales agent on your behalf for your facilities, by displaying your facility (both images and information) and adding a service fee on top of your rental price.


Trainers:
By using the Platform, you are agreeing that you are either an individual who understands your own medical conditions and care therof, or you are a certified trainer or instructor of some sort with proper education and knowledge in the exercise you are leading, plus you are familiar with the medical conditions of all students or clients under your supervision during the session rented on GymLynx. In addition, you have a valid business license to conduct classes and the proper insurance for your profession is valid at the time of your use of the Facility.

You also understand and agree that GymLynx reserves the right, in its sole discretion, to make a claim under your professional liability insurance for any medical claims involving your instruction and your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to a Gym or any personal or other property located at a Gym. You agree to cooperate with and assist GymLynx in good faith, and to provide GymLynx with such information as may be reasonably requested by us, in order to make a claim under your professional liability, homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as GymLynx may reasonably request to assist us in accomplishing the foregoing.


RENTAL TRANSACTIONS BETWEEN TRAINERS AND GYMS

As a Trainer, you agree to abide by the following Trainer policies:


  1. You agree to be bound by and comply with any additional terms, conditions and policies provided by the Gym relating to the use of a specific Facility, including compliance with building security procedures, IT access and use procedures, maximum occupancy limitations, legal terms, and other terms or procedures provided by the Gym ("Gym Policies"). The Gym Policies may be provided in electronic format through the Platform, or in hardcopy format upon request.
  2. You may not use the Gym to carry out any illegal or illicit activities or use the Facility in violation of law.
  3. You are responsible for leaving the Facility in the condition that it was provided to you. If you see any issues prior to use, notify the gym prior to your use. You may be held liable for the repair cost for all damage to the Facility and items therein during your use thereof. This includes the actions of your Clients during that time.
  4. Rentals are non-transferable.
  5. You agree to pay the fees listed on the Platform at the time of your reservation, prior to use of such Facility, and you will not fraudulently request a refund. If you have fraudulently requested a refund, you are responsible for all issue dispute and resolution costs, whether direct or indirect, reasonable or unreasonable. If you have a real issue with payment or use of a Facility, please contact GymLynx immediately.

You acknowledge that the Platform is a forum to allow anyone to browse, compare and rent, offer to rent, and make available exercise space. Your transactions, communications and interactions with any other Users, including transactions, communications and interactions initiated through the Platform, are solely between you and such Users, and you are solely responsible for such transactions, communications and interactions. You acknowledge that GymLynx does not offer space rentals and GymLynx only acts as an agent for a Gym. To the maximum extent permitted by applicable law, GymLynx is not responsible or liable in any manner for any loss or damage arising out of your transactions, communications and interactions with any other Users and you hereby release GymLynx from any and all claims, causes of actions, obligations or liabilities arising from or relating to such transactions, communications and interactions.


PAYMENT

GymLynx uses a reputable and secure third party for all credit card transactions. GymLynx does NOT store your credit card information.


You agree to the fees, charges, taxes and other pricing terms applicable to your use of the Platform as specified in these Terms of Use and as otherwise communicated to you through the Platform. You are obligated to pay all charges to which you accept and agree. All prices, fees, taxes and charges paid by Users in connection with the Platform are non-refundable, except as expressly stated in these Terms of Use and our Cancellation Policy. GymLynx may change the fees and charges for the Platform at any time in its sole discretion.


You agree to contact GymLynx first for any and all disputes. Email us at disputes.


If you are a Trainer, when you find a Facility that you wish to rent through the Platform and you have been duly authorized to rent the Facility by the Gym, then you will pay the rental fee through GymLynx, who may ask for your credit card information and billing address, and GymLynx will process your rental fee payment on behalf of the Gym (the "GymLynx Billing Option"). Any reservations that are cancelled by the Trainer or by the Gym at the Trainer's request are subject to the Cancellation Policy (as described below). If you are a Gym, you acknowledge and accept GymLynx operating as an agent and as such, will add a service fee on top of the Facility price you set.


For fraud protection, ALWAYS pay through the GymLynx website and NEVER pay with cash, Western Union or any other form of wire transfer directly to an individual or gym. If you do suspect fraud, please notify GymLynx as soon as possible. Refunds will ONLY be provided if you pay through the GymLynx website.


PAYOUTS

GymLynx uses a secure third party for all EFT transactions to Gyms.


Payment processing services to Gyms are provided by Stripe (www.Stripe.com) and are mandated to be subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the Stripe Services Agreement). By agreeing to these terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a mandated condition of GymLynx enabling payment processing services through Stripe, you agree to provide accurate and complete information about you and your business, and you authorize GymLynx to share it with Stripe and the transaction information specifically related to your use of the payment processing services provided by Stripe.


You agree to contact GymLynx first for any and all problems and disputes. Email us at disputes.


CANCELLATION AND REFUND POLICY

Use of the Platform is also governed by our Cancellation Policy, a copy of which is located at www.GymLynx.com/documents/CancellationPolicy. By using the Platform, you are agreeing and consenting to the terms of the Cancellation Policy.


All reservation, use, and refund disputes must be submitted to GymLynx within 48 hours of the reservation start time.


PRIVACY

Use of the Platform is also governed by our Privacy Policy, a copy of which is located at www.GymLynx.com/documents/privacypolicy. By using the Platform, you are agreeing and consenting to the terms of the Privacy Policy.


USE OF FACILITIES

You, the Trainer, are obligated to use the Facilities you rent in a professional, courteous and workmanlike manner. You are also solely responsible for the clients/guests you bring to the Gym and Facility. You and your guests shall not knowingly or intentionally steal, damage or permanently alter anything, in any way, during or after your use. You obey the restrictions and guest limits listed in the Platform for that Facility. You shall ensure you leave the space in the same condition as you entered it. You report any accidental or intentional damage of the space and any equipment you use to the appropriate Gym personnel. If there was any person injured, you report it immediately to the appropriate Gym personnel. Any personsal injury occuring after leaving the premises may NOT be covered by the Gym. GymLynx is not responible for any damage or theft of your or your clients'/guests' belongings.


If you bring any minors (anyone under the age of 18 years) into the Facility, parental consent is required for each minor. If no parental consent is provided to the Facility, the Facility has the option not to allow that individual to participate in your class. A Gym also has discretion over the occupancy and capacity of its Facilities. Various exercises demand different amount of square foot space per person. If you plan to bring many Clients, it is your responsibility to confirm the number with the Gym is acceptable for the Facility.


By using this site and any Facilities listed on the site, you hereby certify and acknowledge that you are educated and skilled in the fitness classes you are leading, instructing and/or teaching. Plus, you have assessed all your students, guests and/or clients to ensure they are healthy enough to participate in your fitness class. GymLynx and the Facilities listed on the site are not responsible for your experience and skill level, and it is highly recommended that you have your own professional liability insurance.


Lastly, although Gyms are obligated to provide accurate and complete information about their Facilities, GymLynx makes no representations about a Facilities information listed on our Platform. It is the reponsibility of the Trainer to evaluate and make your own decision as to the suitabiity of each Facility you rent. In addition, it is the responsibility of the Gym to evaluate and make your own decisions as to the suitability of each Trainer who wants to rent your Facility.


INSURANCE

GymLynx is a marketplace that connects Trainers with Gyms. GymLynx is not responsible in any way for what happens to a Trainer, its Clients or the Gym during the Facility rental period. Use of any Facility is at the discretion of the trainer. If an event happens which includes financial loss, the Trainer's or Gym's insurance shall be contacted and may or may not cover the loss.


Individuals: You may or may not have your own insurance for personal property loss, damage or for injury.

Trainers: You are a business and as such, you should have both General Liability Insurance and Professional Liability Insurance. This is solely your responsibility. You should upload a digital copy of your policies into your personal profile on GymLynx.

Gyms: You are a business and as such, you should have both General Liability Insurance and Professional Liability Insurance. This is solely your responsibility. You should also check on GymLynx for the Trainer's insurance policies.


PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE

All content on the Platform and otherwise available through the Platform, including designs, graphics, pictures, images, video, text, names, information, software, audio and other files, and their selection and arrangement (the "Platform Content"), are the sole proprietary property of GymLynx, its Users or its licensors. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use. Authorized Users may access and use the Platform and the Site Content and download or print a reasonable number of copies of portions of the Site Content to which the User has properly gained access solely for the User's own personal, non-commercial use, provided that the User maintains all copyright and other proprietary notices on all copies of such Site Content. Except for your own User Content, you may not publish or otherwise distribute Site Content, including via the Internet or any intranet or extranet site, or incorporate the Site Content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site Content. Any use of the Site or the Site Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Service and the Site Content granted herein. All rights of GymLynx or its licensors that are not expressly granted in these Terms of Use are reserved to GymLynx and its licensors.


USER CONTENT POSTED ON THE SERVICE

You may be able to display certain information on designated portions of the Platform or otherwise through the Platform regarding you or your company or organization including, if you are a Gym, your Facility (a "Profile"). Your Profile will display to other Users certain of your Registration Data and other content about you or your company or your organization including, if you are a Gym, your Facility, that you upload or otherwise provide to GymLynx for use in your Profile (collectively the "Profile Content"). You agree to provide accurate and current information in your Profile and to promptly update the Profile Content, if any changes occur, to keep it accurate and current.


You are solely responsible and have full authority for the Profile Content, messages, notes, text, information, data, listings, and any other content that you upload, publish, display or otherwise provide to GymLynx for display (hereinafter, "post") on or through the Platform, or transmit to or share with other Users (collectively, "User Content"). You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agree that GymLynx may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that GymLynx believes violates these Terms of Use. GymLynx has no backup or storage obligations regarding User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Platform or provide to GymLynx.


GymLynx does not verify the accuracy or authenticity of any User Content, including any Facility descriptions, measurements or Facility availability information provided by Gyms, and makes no guarantees, representations or warranties with respect to any User Content. Assume all information is approximate. It is your responsibility to check the accurancy of the information contained herein. If you feel certain information is grossly incorrect or inaccurate, please contact GymLynx.


When you post User Content to the Site, you grant to GymLynx an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute such User Content. Subject to the rights granted to us in these Terms of Use, you retain ownership of your User Content. If any images contain people, logos or other copyrightable material, you represent that you have complete authority to post such images.


You may NOT post images of other Users, nor images that involve content of an illicit, criminal, racist, xenophobic nature, violent, defense of terrorism or violation of human rights, defamation, pornography, deception or fraud as regards the receptors, contains viruses, trojan horses, timebombs, worms, cancelbots, or other disabling or harmful computer code or constitute an attack on GymLynx or the rights of GymLynx itself ("Offensive Content").


TRADEMARKS

"GymLynx" and its logo are trademarks of GymLynx, Inc. "GymLynx" together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of GymLynx in the U.S. and other countries ("GymLynx Marks"). You may not use the GymLynx Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that GymLynx endorses any product or service. You may not reproduce or use the GymLynx Marks without the prior written permission of GymLynx.


USER CONDUCT

You agree not to do any of the following in connection with your use of the Platform and to otherwise use the Platform in a professional and respectful manner and in compliance with these Terms of Use.


  1. use automated scripts to collect information from or otherwise interact with the Platform;
  2. impersonate any person or entity, falsely state or otherwise misrepresent you or your affiliation with any person or entity, or falsely state or otherwise misrepresent your education or certifications;
  3. upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation;
  4. upload, post, transmit, distribute, store or otherwise make publicly available on the Platform any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  5. upload, post, transmit, distribute, store or otherwise make available any material that contains software viruses, trojan horses, timebombs, worms, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, disable, harm or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. intimidate, bully or harass another;
  7. upload, post, transmit, distribute, store or otherwise make available content that is of an illicit, criminal, racist, xenophobic nature, defense of terrorism or violation of human rights, defamation, pornography, deception or fraud as regards the receptors, or constitute an attack on GymLynx or the rights of GymLynx itself ("Offensive Content");
  8. upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
  9. use or attempt to use another's account, service or system without authorization from GymLynx, or create a false identity on the Platform;
  10. use the Platform in a manner that may create a conflict of interest or undermine the purposes of the Platform, such as trading reviews with other Users or writing or soliciting shill reviews;
  11. upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
  12. upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of GymLynx, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose GymLynx or its users to any harm or liability of any type.


NO HIGH RISK USE

You may not use the Platform in any situation where failure or fault of any kind of the Platform could lead to death or serious bodily injury of any person, or to physical or environmental damage ("High Risk Use"). High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug and Cosmetic Act.

In addition, GymLynx is not responsible for the health of User's of this site, nor any and all clients of User's who may or may not rent and use space listed on this site.


ADDITIONAL REPRESENTATIONS AND WARRANTIES

In addition to any other representations and warranties in these Terms of Use, you represent and warrant that:


  1. the User Content and all other content submitted to the Platform through your account or otherwise posted, transmitted, or distributed by you on or through the Platform: (i) you own or have complete authority and clearances to use on the site; (ii) does not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), (iii) does not contain libelous, defamatory or otherwise unlawful material, and (iv) is truthful and accurate; or
  2. you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.


THIRD PARTY WEBSITES AND CONTENT

The Platform may contain (or you may be sent through the Platform) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Platform or any Third Party Content posted on, available through the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by GymLynx. If you decide to leave the Platform and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the site.


ELIGIBILITY

This Service is intended solely for users who are 18 years of age or older. Any registration by, use of or access to the Platform by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Platform, you represent and warrant that you are 18 years of age or older.


MOBILE SOFTWARE LICENSE

Subject to the terms of these Terms of Use, GymLynx grants you a non-transferable, non-exclusive license to download, install and use one copy of the Mobile Software in object code form only on a mobile device that you own or control.


You may not derive or attempt to derive the source code of all or any portion of the Mobile Software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Mobile Software or any part thereof.


GymLynx and its licensors own and shall retain all intellectual property rights and other rights in and to the Mobile Software, and any changes, modifications or corrections thereto.


The following terms and conditions apply to you only if you are using Mobile Software from the Apple App Store. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Mobile Software from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and GymLynx, not Apple, and that Apple has no responsibility for the Mobile Software or content thereof. Your use of the Mobile Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. In the event of any failure of the Mobile Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Mobile Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and GymLynx acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Mobile Software or your possession and/or use of the Mobile Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and GymLynx acknowledge that, in the event of any third party claim that the Mobile Software or your possession and use of that Mobile Software infringes that third party's intellectual property rights, GymLynx, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the Mobile Software. You and GymLynx acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the Mobile Software, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.


PROCEDURES FOR CLAIMS OF COPYRIGHT INFRINGEMENT

GymLynx respects the intellectual property rights of others. If you believe that any Platform Content is owned by you and has been used in a way that constitutes copyright infringement, please immediately send notice to GymLynx. We will work with you to correct any verified infingements. Include the following information:


  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on our site;
  • Your name, address, telephone number and email address;
  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your Copyright Notice is correct and accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Notices should be emailed to GymLynx's copyright group, with the subject of Copyright Infringe, at contact@gymlynx.com


DISCLAIMERS

GymLynx is not responsible or liable in any manner for any User Content or Third Party Content posted on the Platform or displayed in connection with the Platform, including the accuracy of any Facility descriptions, Facility availability information or Trainer information. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or distribute on the Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Platform or in connection with any User Content or Third Party Content. GymLynx is not responsible for the conduct, whether online or offline, of any User, including any Trainer's non-compliance with any terms, conditions and policies relating to the use of any Facility. The Platform may be temporarily unavailable from time to time for maintenance or other reasons. GymLynx shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Platform. Under no circumstances will GymLynx be responsible for any personal injury or death resulting from the use of the Platform, any User Content or Third Party Content, or any use of Facilities, products or services provided by Users. GYMLYNX PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO GYMS AND TRAINERS "AS IS," AND, EXCEPT AS PROVIDED HEREIN AND IN ANY FACILITY POLICIES, THE GYMS PROVIDE THEIR FACILITYS TO TRAINERS "AS IS," AND GYMLYNX AND ITS SUPPLIERS (AND GYMS WITH RESPECT TRAINERS THAT USE THEIR FACILITYS) DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE FACILITYS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GYMLYNX CANNOT GUARANTEE AND DOES NOT PROMISE TO GYMS AND TRAINERS, AND GYMS CANNOT GUARANTEE AND DO NOT PROMISE TO TRAINERS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A FACILITY. WITHOUT LIMITING THE FOREGOING, GYMLYNX DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; GymLynx AND GYMS DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY FACILITY RENTAL WILL MEET YOUR REQUIREMENTS; AND GYMLYNX DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GYMS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO GYMS.


THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.


LIMITATION ON LIABILITY

IN NO EVENT (I) WILL GYMLYNX OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON, OR (II) WILL GYMS OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE TO TRAINERS, IN EACH CASE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE PLATFORM, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE PLATFORM, OR A TRAINER'S USE OF A FACILITY, EVEN IF GYMLYNX (OR THE GYM AS APPLICABLE) IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) GYMLYNX'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU, AND (B) EACH GYM'S LIABILITY TO A TRAINER OR ANY PARTY CLAIMING THROUGH SUCH TRAINER, IN EACH CASE FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GYMLYNX FOR THE PLATFORM, OR, WITH RESPECT TO GYMS, THE AMOUNT PAID FOR THE APPLICABLE FACILITY, IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. GYMS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO GYMS.


TERMINATION

GymLynx may deactivate your account or ability to use the Platform, in whole or in part, without notice in the event that (i) you violate the Terms of Use or violate any other rules that govern the use of the Platform, (ii) your conduct may harm GymLynx or others or cause GymLynx or others to incur liability, (iii) you receive negative feedback from other Users, or (iv) as otherwise determined by GymLynx in its sole discretion.


GymLynx may modify the Platform, and all content, software and other items used or contained in the Platform, at any time, in its sole discretion, without notice. References on the Platform to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GymLynx.


Your access to, use of, or participation in the Platform, including any content therein, may be prevented by GymLynx at any time. Notwithstanding anything herein to the contrary, upon deactivation of your account, GymLynx will cease displaying your Profile Content, including your Facility listings if you are a Gym, on or through the Platform.


GOVERNING LAW; ARBITRATION

The laws of the State of Nevada shall exclusively govern these Terms of Use and any dispute that might arise between you and GymLynx without regard to any principles of conflicts of law. Any dispute arising between you and GymLynx will be exclusively resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the County of King, Washington, U.S.A. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding.


The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, Marketplace or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against GymLynx any class action, class arbitration, or other representative action or proceeding.


By using the Website, Marketplace or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and GymLynx (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.


Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against GymLynx may be commenced only in the federal or state courts exclusively located in the County of King, Washington, USA. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.


INDEMNITY

You agree to indemnify and hold GymLynx harmless from and against any loss, liability, claim, demand, damages, injury, death, costs and expenses, including all attorney's fees, arising out of or in connection with any User Content you post or distribute on or through the Platform, your use of or participation in the Platform, your interactions with other Users of the Platform, your rental and use of Gyms found on the Platform, or any violation of these Terms of Use or of any law or the rights of any third party.


CONFLICTS

Any conflicts between GymLynx's Terms of Use, Cancellation Policy and Privacy Policy, and that of a User, including both a Trainer and Gym, GymLynx's terms and policies will take precendence and be enforced; for all circumstances, including arbitration.


MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and GymLynx regarding the use of the Platform and supersede any prior agreements, whether written or verbal, implied or expressed, between you and GymLynx relating to your use of the Platform. The failure of GymLynx to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions.