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TERMS OF SERVICE

Last updated 04-10-17

By accessing or using any features of this website, including but not limited to the purchase of products and services, located at Shop.LifeTimeFitness.com (the “Website”) and operated and managed by Life Time Fitness, Inc. (“Life Time”), you agree to be bound by these terms of service (collectively, “Terms of Service”). All visitors to and users of any aspects of this Website (collectively, “Users”) are bound by these Terms of Service. Therefore, Life Time recommends that you read these Terms of Service carefully each time you access this Website.

Please note that the guidelines, policies and other terms and conditions of service and use of other websites affiliated with Life Time may vary from these Terms of Service.

These Terms of Service set out the legally binding terms with respect to your use of this Website. Please read these Terms of Service carefully. Your access to and the use of this Website constitutes your acceptance of all the following provisions below. If you are unwilling to be bound by these Terms of Service, you should not access or use this Website.

1.       ELIGIBILITY

This Website is not targeted towards, nor intended for use by, anyone under the age of 18. By using this Website, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, or register on this Website. In the event that Life Time becomes aware you are under the age of 18, Life Time will terminate your registration and/or order.

2.       CHANGES TO THE WEBSITE

You agree and understand that this Website, including any and all features available via the Life Time Fitness website (www.lifetimefitness.com, www.myLT.com or www.shop.lifetimefitness.com) and any User Content (defined below), as well as product assortment and pricing may be modified by Life Time, in its sole discretion at any time and without prior notice to you. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to this Website implemented after your initial access to this Website shall be subject to these Terms of Service. Life Time does not actively monitor, and undertakes no obligation to monitor or modify any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via this Website by any User (all such items provided by Users, collectively, “User Content”). Notwithstanding the foregoing, Life Time reserves the right to investigate and take appropriate action, including legal action, in Life Time’s sole discretion, against anyone who violates these Terms of Service, including without limitation, by removing any User Content posted in violation of these Terms of Service, terminating the registration of such Users or blocking such User’s use of this Website.

3.       REGISTRATION

In order to access some features of this Website, you may be required to register by creating a password and username (collectively, your “User ID”). By registering, you agree to provide Life Time with accurate and complete registration information, and to inform Life Time immediately of any updates or changes to such information. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition, Life Time reserves the right to refuse registration of, or cancel a User ID at Life Time’s sole discretion.

4.       SECURITY

You shall be responsible for maintaining the confidentiality of your User ID, and you are fully responsible for all activities that occur under your User ID, whether or not you authorize such activity. You agree to immediately notify Life Time of any unauthorized use of your User ID and are responsible for ensuring that you exited from your account at the end of each session.

5.       USE OF THIS WEBSITE

You may use this Website solely for your personal, non-commercial use. You may also invite people you know to join this Website. You acknowledge and agree that Life Time does not control the User Content posted to this Website, or any links to other third-party websites, additionally Life Time does not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that Life Time:

a.       Does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via this Website; or

b.      Does not make any promises, guarantees, or warranties with respect to any User Content or products, services, information, content, or materials featured or mentioned on this Website.

All User Content, including advice and opinions posted by Users, compromises the views and responsibilities of those who posted such User Content, and does not necessarily represent the views of Life Time. By providing any testimonial User Content, you affirm that any statements are your factually accurate and represent your honest opinions, findings, beliefs, or experiences. You understand that, by using this Website, you may be exposed to User Content that is offensive, indecent, or objectionable.

IN NO EVENT WILL LIFE TIME BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.

6.       RESTRICTIONS ON RIGHTS TO USE

Without limiting the generality of any other provisions of these Terms of Service, you agree you shall not (and you agree not to allow any other individual or entity to):

a.       Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Website, except and to the extent expressly permitted under these Terms of Service;

b.      Remove any copyright, trademark, or other proprietary rights notice contained in or on this Website;

c.       Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Website;

d.      Collect any information about other Users (including, but not limited to, user names and/or email addresses) for any purpose other than to share reviews with other Users;

e.      Reformat or frame any portion of this Website;

f.        Create user accounts by automated means or under false or fraudulent pretenses;

g.       Create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of this Website;

h.      Submit to this Website any content that falsely states or implies that such content is sponsored or endorsed by Life Time;

i.         Transmit or upload to this Website any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed damage or degrade in any manner the performance of this Website, any other website, or any computer or other device or system, or the enjoyment of this Website by any User;

j.        Use this Website to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including but not limited to, unauthorized attempts to discover passwords or security encryption codes);

k.       Submit to this Website any content that is unlawful or facilitates, constitutes, promotes, or encourages illegal activity; or otherwise use this Website to transfer or store illegal material, including but not limited to, any material deemed threatening or obscene;

l.         Copy or store any User Content offered on this Website other than for your personal, non-commercial use;

m.    Take any action that imposes, or may impose, in Life Time’s sole discretion, an unreasonable or disproportionately large load on this Website or the IT infrastructure used to operate and make this Website available;

n.      Use this Website and/or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or

o.      Collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

7.       USER CONTENT POSTED BY YOU ON THIS WEBSITE

Without limiting the generality of any other provisions of these Terms of Service, you agree:

a.       You may not post, upload or transmit any User Content that: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicly or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party’s prior written consent;

b.      You understand and agree that Life Time monitors User Content and reserves the right to review and delete any User Content it believes in its sole discretion to be: (i) a violation of these Terms of Service; (ii) offensive or illegal; (iii) off topic, or (iv) harmful or violate the rights of or threaten the safety of any User and/or any other individual or entity;

c.       You are solely responsible for any User Content you post, publish, or display on this Website or transmit to Users. Life Time reserves the right, but undertakes no obligation, to monitor disputes between you and any other User, entity, or individual, in connection with this Website. You are solely responsible for the resolution of any disputes that arise between you and any other User, entity, or individual;

d.      You will post only User Content to this Website you believe in good faith to be true and accurate, and you will not post this Website any User Content that is false, inaccurate, misleading, or fraudulent;

e.      By uploading User Content to this Website, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant,:

                                                   i.      Life Time Fitness, Inc., its subsidiaries, agents and representatives, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and

                                                 ii.      Subject to the restrictions set forth in these Terms of Service, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User personal, non-commercial use.

f.        You hereby irrevocably waive and assign to Life Time any and all so-called moral rights or “droit moral” you may have in or with respect to any User Content you post to this Website. You understand that Life Time may be working on the same or a similar idea to any ideas, expression of ideas or other materials you submit within your User Content (“Idea”), that it may already know of such Idea from other sources, that Life Time may simply wish to develop this (or a similar Idea) on its own or Life Time may have taken/will take some other action. In return for your access to and use of this Website, you acknowledge that you have read, understand and agree to the terms enumerated below with respect to any Ideas you submit on this Website:

                                                   i.      To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to Life Time and in doing so, and Life Time’s use of the Idea, will not infringe upon any other individual’s or entity’s rights;

                                                 ii.      You understand that disclosure of your Idea to Life Time does not establish a confidential relationship or obligate Life Time to treat the idea (or any related materials) as secret or confidential;

                                                iii.      You understand that Life Time has no obligation, either express or implied, to develop or use your Idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of the Idea, related Idea or Idea derived from your Idea. You understand that Life Time assumes no obligation with respect to any Idea. For your own protection, Life Time assumes that you will rely on whatever patent protection you may want to secure, or have already secured, in your Idea. In the absence of a separate formal contact, your rights shall be limited to those existing under the patent laws of the United States;

                                               iv.      If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to Life Time;

                                                 v.      You understand that, except to the extent that these Terms of Service are superseded by a separate agreement in writing by you and Life Time, you hereby irrevocably release and forever discharge Life Time and its affiliates and subsidiaries from any and all actions, causes of action, claims, damages, liabilities and demands, whether absolute or contingent and in any nature whatsoever, which you now have or hereafter can, shall or may have against Life Time and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how Life time and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement; and

                                               vi.      The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through this Website. You may not post any User Content that:

a.       Is patently offensive to other Users of this Website, such as any User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

b.      Harasses or advocates harassment on another person;

c.       Promotes illegal activities or conduct that is abusive;

d.      Is threatening, obscene, defamatory, or libelous;

e.      Is pornographic or sexually explicit in nature; or

f.        Seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent matter, or seeks or recommends providers that solicit personal information from anyone under the age of 18.

8.       COPYRIGHTS

If you believe any User Content or any other aspect of this Website infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address provided below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

a.       A description of the copyrighted work that you claim has been infringed;

b.      A description of where the material that you claim is infringing is located on this Website;

c.       Your address, telephone number, and email address;

d.      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;

e.      A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and

f.        An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Life Time’s designated copyright agent for notice of claims of copyright infringement on this Website may be reached at the following address:

Copyright Agent

Life Time Fitness, Inc.

2902 Corporate Drive

Chanhassen, MN 55317

Or visit our corporate site for additional contact information: www.lifetimefitness.com/contact_us

9.       COUNTER-NOTICE

If you believe that your User Content, removed (or to which access was disabled) by Life Time is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent cited above in Paragraph 8.

a.       Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;

b.      A statement that you have a good-faith belief that the User Content was removed or disabled as a result of a mistake or misidentification of the User Content; and

c.       Your name, address, telephone number, email address, a statement that you consent to the jurisdiction of the federal court of Minneapolis, Minnesota, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and

d.      Your physical or electronic signature.

If a counter-notice is received by the Life Time Copyright Agent, the Copyright Agent may send a copy of the counter-notice to the original complaining party informing that party that Life Time may replace the previously removed or cease disabling the User Content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed User Content may be replaced, or access to it restored, in 10-14 business days or more after receipt of the counter-notice, at Life Time’s sole discretion.

10.   PRIVACY

Use of this Website is also governed by Life Time’s Privacy Policy, which may be updated from time to time, which we encourage you to review and read each time you use this Website. View Privacy Policy here.

11.   CHILDREN’S PRIVACY

From time to time, some of the content appearing on this Website or other Life Time affiliated websites may be directed at children. Life Time urges all parents and/or guardians to monitor and supervise their children’s use of this Website and the internet in general.

12.   OWNERSHIP

As between you and Life Time, this Website, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Website, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Life Time or its licensors. As between you and Life Time, subject to any licenses and rights expressly granted herein, and User Content posted by you is owned by you. Nothing contained in these Terms of Service shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of Life Time’s or any of Life Time’s licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on this Website are the proprietary property of Life Time Fitness, Inc. or its respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Life Time. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on this Website without the express written permission of Life Time or the trademark owner.

13.   DISCLAIMER

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE, AND ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THIS WEBSITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LIFE TIME MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THIS WEBSITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ADDITIONALLY, LIFE TIME DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS WEBSITE. FURTHER, LIFE TIME MAKES NO REPRESENTATIONS AND WARRANTIES THAT THIS WEBSITE OR THE USER CONTENT WILL BE INTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Life Time reserves the right to refuse or cancel any orders placed for products and/or services if the sale or use of such product and/or service in your State is restricted or prohibited. In the event of a pricing error on this Website, Life Time reserves the right to cancel any orders resulting from such pricing errors.

To properly serve all customers, Life Time reserves the right to limit quantities. Life Time further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address.

At times, Life Time may display advertising prints for products sold through this Website and will attempt to display the colors of the products shown as accurately as possible. However, Life Time cannot guarantee that the color you see matches the actual product color, as the color displayed depends, in part, on the monitor used by you.

14.   LIMITATION OF LIABILITY

IN NO EVENT SHALL LIFE TIME OR THEIR RESPECTIVE AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOOD WILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS WEBSITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, LIFE TIME’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THIS WEBSITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS WEBSITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, LIFE TIME FITNESS, INC. ITS RESPECTIVE AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THIS WEBSITE OR ANY MATERIALS THEREIN, UNLESS SUCH DAMAGES ARE THE RESULT OF LIFE TIME’S NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.

15.   INDEMNITY

You agree to indemnify and hold Life Time and its respective affiliates, shareholders, licensors, directors, officers, members, managers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or relating to:

a.       Your access to this Website;

b.      Your use of this Website;

c.       Any User Content posted, uploaded or transmitted by you;

d.      Your use or distribution of any User Content;

e.      Your violation of these Terms of Service;

f.        Any use of your User ID or password by you or any third party; or

g.       The infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

16.   THIRD PARTY ADVERTISEMENTS AND LINKS TO THIRD PARTIES

Life Time may display on this Website advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party websites. Life Time is not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked websites, or any link contained in a linked website. The display of any advertisement or link does not imply endorsement by Life Time of the advertisement or linked website or any content therein. IN NO EVENT WILL LIFE TIME BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE WEBSITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY WEBSITE, OR ANY LIKE CONTAINED IN A LINKED WEBSITE.

17.   PLACING AN ORDER

All prices on this Website are in US dollars. At this time, Life Time ships merchandise to locations within the 48 contiguous United States only. Life Time does not ship to international locations. Life Time does not ship to Puerto Rico, the US Virgin Islands, Alaska or Hawaii. The risk of loss and title for all merchandise ordered on this Website pass you when the merchandise is delivered to the shipping carrier. To see Life Time shipping and delivery policies in more detail, please see the Shipping & Return Policy.

You may purchase merchandise from this Website by using any one of the payment options listed in Payment Options. Life Time reserves the right to change its payment procedures at any time without prior notice to you.

Life Time charges sales tax for merchandise ordered on this Website based on the applicable state sales tax rate and the location to which the order is being shipped.

Once your order is submitted to Life Time, Life Time cannot change or cancel an order until the merchandise is received by you. All returns of merchandise are subject to Life Time’s return policy, available under Shipping & Return Policy.

18.   AUTOSHIP

Autoship is a program that will allow you to set up products to be automatically sent to you on a regular basis (“Autoship”). Below are some key features to the Autoship program:

a.       You must log into your myLT account using your myLT username and password in order to set up and maintain your Autoship order(s);

b.      Only certain products are available for Autoship – these products are clearly identified with an “Add to Autoship” button on the product detail page.

c.       Autoship can be renewed every 30, 60 or 90 days, in perpetuity, until you actively remove all of the products from your Autoship.

d.      While renewing your Autoship, Life Time will try to obtain authorization to charge your credit card. If the authorization fails, we will notify you via email and try again the next business day. After up to three failed attempts, Life Time will move your Next Order Date out 30, 60 or 90 days, depending on your frequency preference. If the authorization succeeds, Life Time will create your order and move the Next Oder Date out 30, 60 or 90 days out, depending on your frequency preference;

e.      The Next Order Date, shown on the My Autoship page, may be changed at any time to a date in the future;

f.        Individual products may be skipped for 1 order by checking the “Skip Next Order” box by each product. When the Autoship renews, the checkbox will be reset, and the product will be shipped on the next order;

g.       The price of an Autoship product is subject to change at any time;

h.      You will be notified via email three (3) days in advance of the date in which your Autoship is set to renew. The email will include the list of products, the current price, and any appropriate shipping & handling and taxes; and

i.         At Life Time’s discretion, Life Time may process your order 1-3 days ahead of the Next Order Date in order to ensure that your shipment arrives on time. Typically, this is done when postal holidays or busy shipping times would otherwise delay the shipment.

19.   CHANGES TO TERMS OF SERVICE

Life Time reserves the right to make changes at any time to these Terms of Service. Any modification to these Terms of Service will be effective upon posting. You agree to review these Terms of Service periodically so that you are aware of any modifications. Your continued use of this Website after any modifications indicates your acceptance of any new or modified Terms of Service.

20.   DISPUTES

Any dispute relative to this Website or use or inability to use this Website will be governed by the State of Minnesota, without regard to its conflict of law provisions. Any dispute relating in any way to your visit or participation in this Website shall be confidential arbitration in Minneapolis, Minnesota, except that, to the extent you have in any manner violated or threatened to violate Life Time’s intellectual property rights, Life Time may seek injunctive or other appropriate relief in any state or federal court in the State of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to this Terms of Service, whether through class arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.

21.   APPLICABLE LAW

By visiting this Website, you agree that the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Life Time.

22.   MISCELLANEOUS

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and you do not have any authority of any kind to bind Life Time in any respect whatsoever. Life Time may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on this Website. These Terms of Service, which shall be deemed accepted by you upon your use of this Website, constitute the entire agreement among you and Life Time regarding the use of this Website. Life Time’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sub licensable by you, except with our prior written consent. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include and incorporate the Privacy Policy for this Website and any notices regarding this Website.

23.   CONTACT AND VIOLATIONS

Please contact Life Time with any questions regarding these Terms of Service. Please report any violations of these Terms of Service to shop@lifetimefitness.com.

24.   GENERAL PRECAUTIONS

a.       Always read container/product labels and observe all other warnings;

b.      Always read the manufacturer’s user manual, especially the warnings, before using equipment. You should not use equipment until the owner’s manual is received and reviewed thoroughly;

c.       Always pay deliberate attention to how a piece of equipment works so you can avoid being injured. Do not try to force equipment to do what it was not designed to do;

d.      Always keep your hands away from moving parts;

e.      Never work out with any equipment when you are tired or under the influence of drugs or alcohol;

f.        Never exercise in insufficient lighting;

g.       Always use safety devices when possible; and

h.      Check with a professional trainer, if you have questions.

25.   CALIFORNIA PRIVACY RIGHTS

Pursuant to Section 1798.83 of the California Civil Code, if you are a California resident and have an established business relationship with Life Time, you can request a notice disclosing the categories of personal information that Life Time has shared with third parties, for the third parties’ direct marketing purposes, during the preceding calendar year. To request a notice, please submit your request to: privacy@lifetimefitness.com or by writing to Life Time Fitness, ATTN: CA Privacy Policy Inquiry, 2902 Corporate Place Chanhassen, MN 55317.

 

View the full Life Time Privacy Policy here or use the contact us with any questions.