TERMS OF SERVICE
These Terms of Service (“Terms“) are a binding agreement between you and Hotel Club Service, Inc. d/b/a Ground Floor (“us” or “our” or “we” or “Groundfloor“) and govern your use (“you” or “User“) of our website (“Website”), software applications, including mobile applications, which may be made available through a third party provider, (“Apps”), and membership services offered through the Website or Apps, including all use of and benefits associated with membership, such as fitness products, services, social space, and events (“Membership Services”).
Before using the Website or Apps, and where applicable, also registering or setting up your account with the us, please read the following Terms of Service (the “Terms”) carefully. These Terms govern your access to and use of the Website and Apps. Your approval of these Terms, including by use of the Website or Apps or registration through or on the Website or Apps, will constitute your acceptance, without limitation or qualification, of these Terms, as a legally binding agreement between you and the Ground Floor, as further detailed below.
Legal Age; US Resident. You agree my accepting the Terms that you are at least 18 years old and a resident of the United States of America.
Legal Obligation; Acceptance of Terms. Your access to and use of the Website or Apps, including by the download of information that requires registration and applying for membership through the Website or Apps, is expressly conditioned on your acceptance of and compliance with these Terms. BY CONTINUING TO REGISTER OR OTHERWISE USING THE WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ALL REVISIONS THEREOF, whether or not you are offered the possibility or requested by the us to register to the Website or Apps, and whether or not such registration takes place.
If you do not wish to accept these Terms, then please do not use the Website or Apps.
Violation Leads to Termination. Note that any violation of these Terms may result in termination of your ability to access and use the Website and/or Apps and any Memberships Services or any of the other services offered on or through the Website or Apps, to the extent relevant.
Right to Change Terms. We reserve the right at any time to change all or any part of these Terms, effective immediately upon notice, which we may provide by any means including, without limitation, posting the amended Terms on the Website and in the Apps. You are encouraged to check frequently to see if we have updated these Terms. Your continued use of the Website or Apps after such notice will be deemed acceptance of such new terms. Further, we reserve the right at any time to modify the Website and Apps, including by eliminating, modifying, limiting or discontinuing any feature of the Website and Apps.
- Registration; Account; Security
If you are offered the possibility, or requested by the us to register on the Website or on the Apps as required now or in the future in order to use certain features of the Website, the Apps, receive information, or register for membership or receive Membership Services, then as part of the registration process you agree to (a) provide truthful, accurate, and current information about yourself, as prompted by our registration form (including your email address, payment information, phone number) (the “Registration Data”), and (b) maintain and update your Registration Data so that it remains at all times accurate, current and complete. You agree that in the event of and following such registration, you will immediately notify the Ground Floor of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- User Conduct
The Website or Apps may include, now or in the future, certain interactive services or features that will allow you to publish, display, process, send or otherwise transfer or make available (collectively “Transmit”) comments, messages, pictures, and any other form of content (“User Content”). Users shall conduct themselves in an appropriate manner at all times, and without limiting the generality of the foregoing, you agree NOT to:
(a) Transmit any User Content that is, in any jurisdiction where so Transmitted, illegal, abusive, obscene, defamatory, inflammatory, libelous, hateful, or racially, ethnically, sexually or otherwise objectionable (including links to other websites showing any of the foregoing);
(b) Transmit any User Content that may infringe or promote the infringement of any copyright, trademark, service mark, trade name, trade dress, patent, design, trade secret, moral right, celebrity right, right of attribution, or other intellectual or proprietary right of any party or any application for any of the foregoing (“Intellectual Property Right”);
(c) Transmit any material that contains software viruses, worms, Trojan horses, or any other malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(d) Disrupt or interfere with the security of, or otherwise abuse, the Website or Apps, its system resources, accounts, servers, or networks connected to or accessible through the Ground Floor or affiliated or linked websites or access, hack or deface any portion of the Website or Apps, tamper with or use non-public areas of the Company;
(e) Transmit false or misleading information or falsely represent yourself as any other person, or misrepresent yourself as a representative or affiliate of any person or entity or as another person;
(f) Disrupt or interfere with any other user’s use or enjoyment of the Website or Apps or affiliated or linked websites or use the account or password of others;
(g) Use any information obtained from the Website or Apps in order to harass, abuse, or harm another person;
(h) Make any representation, express or implied, that any statements you make are endorsed by the Ground Floor, without our prior written consent; or
(i) Share password and/or username and simultaneous access to the Websites or Apps via the same password and/or username or otherwise.
Ground Floor is not obliged to publish your User Content and may decide whether to allow any Transmission of User Content, moderate it and may delete your User Content for any reason. If it is subsequently brought to Ground Floor’s attention that published User Content contravenes the conditions set out above, we retain the right to remove it and take further action as appropriate in our sole discretion. You retain copyright of and are solely responsible for published User Content you Transmitted. You are responsible for any actions that may be taken against you in response to published User Content you Transmitted. We may terminate your access to and use of the Website immediately if you fail to comply with these Terms. In addition, we reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, reporting you to law enforcement authorities.
- Mobile Applications
For the Apps, you must have a mobile device that is compatible with the mobile service. We do not warrant that the Apps will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Apps for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Apps, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Apps to any third-party or use the Apps to provide time sharing or similar services for any third-party; (iii) make any copies of the Apps; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Apps, features that prevent or restrict use or copying of any content accessible through the Apps, or features that enforce limitations on use of the Apps; or (v) delete the copyright and other proprietary rights notices on the Apps. You acknowledge that we may from time to time issue upgraded versions of the Apps, and may automatically electronically upgrade the version of the Apps that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Apps or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Apps (and any copy of the Apps). Standard carrier data charges may apply to your use of the Apps. You understand that Apps available on Apple or Google are subject to specific terms and agreements between you and the respective provider and Ground Floor is not a party to those agreements.
- Intellectual Property
The Website and Apps contains proprietary information that is protected by copyrights and other applicable Intellectual Property Rights pursuant to national and international laws and regulations. Ground Floor retains ownership of all Intellectual Property Rights in the Website, Apps and Ground Floor’s contents.
You agree not to copy, modify, adapt, reverse engineer, decompile, duplicate, distribute, translate or create derivative works based on the Website in whole or in part, or exploit for any commercial purposes, any portion of the Website. You may not “frame” or “mirror” any portion of the Website without Company’s prior written authorization. You further agree not to remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Website.
By accepting these Terms you acknowledge and agree that any of Ground Floor’s contents contained or distributed on or through the Website or Apps by the us or other third parties, is protected by Intellectual Property Rights. You agree not to Transmit or otherwise publish, reproduce, copy, in whole or in part, any content available through the Website in violation of applicable copyright and other intellectual property laws.
Ground Floor and/or its licensors retain all right, title, and interest in and to all trademarks, copyrights, patent rights, trade secrets, know-how, and all other intellectual property rights relating to the Website, Apps and Membership Services. Without limiting the foregoing, Ground Floor and all other trademarks, logos, and service marks displayed on the Website, Apps and Membership Services are registered and unregistered trademarks of ours and/or third parties under license (collectively, the “Trademarks“); you may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way.
All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of Ground Floor or the applicable copyright owner.
You retain all ownership rights to your User Content Transmitted through the Website or Apps. However, by Transmitting such User Content to the Website or Apps, you grant Ground Floor a nonexclusive, perpetual, royalty-free, license to copy, adjust, create derivative works of, and reproduce such information.
- Term; Termination
These Terms shall remain in effect until terminated, revised, restated or otherwise modified by Ground Floor.
We may, at our sole discretion and at any time (i) discontinue the operation of the Website, Apps, or any part or feature thereof, with or without notice; (ii) terminate these Terms, and/or terminate, deactivate or suspend your account and/or your access to and use of the Website, Apps or any portion thereof and/or remove any of your User Content in connection with any interactive services or features of the Website or Apps if and as they become available, and other data in your account, at any time and for any reason, with or without cause, without prior notice to you. We shall not be liable to you or to any third-party for any termination of your access to the Website or Apps. Should you object to any terms and conditions of these Terms or become dissatisfied with the Website or Apps in any way, your only recourse is to immediately discontinue your use of the Website, Apps and/or terminate your account.
- Disclaimer of Warranties
THE WEBSITE, APPS, AND MEMBERSHIP SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, GROUND FLOOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING TH WEBSITE, APPS, AND MEMBERSHIP SERVICES INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GROUND FLOOR MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSITE, APPS, AND MEMBERSHIP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE, APPS AND MEMBERSHIP SERVICES AND ANY DOWNLOADING AND/ OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED.
You agree to indemnify and hold harmless us and our parent, affiliates, subsidiaries, and each of our and their respective representatives, agents, related entities, employees, contractors, directors, and suppliers from any claim, liability, loss, expense, judgment, settlement, or demand, including, but not limited to, reasonable attorneys’ fees, incurred due to, arising out of or relating to your User Content, your use of or access to the Website and Apps, your violation of these Terms , or your violation of any rights of another person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnifications by you, in which event you shall assist and cooperate with us in asserting any available defenses.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, APPS, AND MEMBERSHIP SERVICES, OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE OR APPS. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS THROUGH THE WEBSITE, APPS OR AS PART OF THE MEMBERSHIP SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APPS, OR THE MEMBERSHIP SERVICES, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON.
You expressly understand and agree that except for the foregoing and to the fullest extent permissible by applicable law, your sole and exclusive remedy for dissatisfaction with the Website, Apps, Membership Services or any service provided hereunder is to stop using the Website, Apps, Membership Services and/or such service.
- Electronic Communications
By using any of our Website, Apps, and Membership Services, you consent to receiving electronic communications from us, which may include emails, text messages, instant messages and communication through the Apps. These electronic communications may include notices about transactional information, applicable fees and charges, and other information concerning or related to the Membership Services or these Terms. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing, unless otherwise prohibited by law.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be, to the maximum extent possible, construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Ground Floor to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of this Agreement to the extent necessary to give full effect to their intended purpose.
These Terms and your use of the Website, Apps, and Membership Service are governed by the federal and state laws of the State of California, without regard to conflict of law provisions. The parties hereby consent to the exclusive jurisdiction and venue in any federal or state court of competent jurisdiction located in San Francisco County for the adjudication of any disputes arising from or relating to the Website, Apps, Membership Services or these Terms.
Any lawsuit or other legal proceeding based on a cause of action arising from or related to these Terms must commence within one (1) year after such cause of action accrues. After such one (1) year period, such cause of action shall be permanently barred.
We may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms without our prior written consent, and any unauthorized assignment and delegation by you shall be void.
Contact Information: Our email address is firstname.lastname@example.org.