TRIED AND TRUE LTD. MEMBERSHIP AGREEMENT AND TERMS AND CONDITIONS
Last updated on May 9, 2014
TRIED AND TRUE LTD, Inc. (“TNT Fitness”) provides nutritional and workout membership programs to clients nationwide (collectively, “Fitness Clients”) to allow you, the user (“You”), the opportunity to receive fitness guidance, information, and recommendations. TNT Fitness also operates certain products including, without limitation, one on one personal training subscription, whereby TNT Fitness facilitates monthly subscriptions to personal training in the gym. All products and services described in this Section, as well as any other products and services offered by TNT Fitness at any time shall be defined herein as “Service” or “Services.” In order to use the Service, You must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by TNT Fitness from time to time at our sole discretion, and You will receive notice if modifications to the Agreement are made. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of some TNT Fitness branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. TRIED AND TRUE LTD. SERVICE
TNT Fitness provides nutritional and workout recommendations to clients on a membership basis. TNT Fitness also offers one on one personal training subscriptions for training performed in the gym with TNT Fitness trainers.
TNT Fitness has offered three types of subscriptions in the past: Fit For Life PRO, Single Show Prep and Fit For Life. TNT Fitness will continue to offer these subscriptions to grandfathered members who are renewing and: (1) affirmatively choose to keep their existing subscription; or (2) who do not take action to select a new plan (as defined below). Members joining and renewing in certain markets on or after January 1, 2015, will be able to select one of the following plans (“Plans”):
(1) Fit For Life
• 6 Month minimum at $103 per month. Billing continues until cancelled by client after 6 month minimum is up.
• Online customer care; and
• Basic nutritional and workout guidance with full support as long as you are a paying member.
(2) Fit For Life PRO
• 6 Month minimum at $207 per month. Billing continues until cancelled by client after 6 month minimum is up.
• Online and call center customer care; and
• Nutritional and workout guidance with full support as long as you are a paying member.
(3) Single Show Prep
• 3 Month minimum at $257 per month. Billing continues until cancelled by client after 3 month minimum is up.
• Online and call center customer care; and
• Nutritional and workout guidance with full support as long as you are a paying member.
Membership Benefits
The benefits of Fit For Life, Fit For Life PRO, and Single Show Prep are available only while Your subscription is active and Your TNT Fitness account is in good standing.
Discounted rates must be redeemed in one transaction. Discounted rates may not be split among separate transactions and may not be redeemed for cash. Discounted rates will expire at the end of Your annual subscription and cannot be rolled into the following year, even if Your subscription is renewed. TNT Fitness reserves the right to modify the Plans at any time and in its sole discretion. The details of your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check Your account online or call an TNT Fitness staff member if You have any questions. Our phone number and contact number are listed on the website.
2. REGISTRATION INFORMATION
As a condition of Your use of the Service, You agree to: (a) provide TNT Fitness with true, accurate, current and complete information as prompted by the TNT Fitness registration and membership forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
3. MINIMUM AGE
You must be 18 years of age or older to use or register for Services.
4. USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
5. PRIVACY POLICY
TNT Fitness has established a privacy policy to explain to You, and other users, how Your personal information is collected and used. This privacy policy is located at: www.tntfitforlife.com/privacypolicy
6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
TNT Fitness will charge You a membership fee in order to provide the Service. Your membership fee is the amount You were charged for Your subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check Your account online or call a TNT Fitness staff member if You have any questions. You acknowledge that TNT Fitness reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees for access to the Service may be made on a monthly basis. Monthly Membership Fees and Additional List Fees may only be paid in advance by credit card, debit card or PayPal. The minimum billing period for Fit For Life and Fit For Life PRO are 6 months. The minimum billing period for Single Show Prep is 3 months. All membership subscriptions will be automatically renewed upon the terms set forth below, unless such membership subscription is cancelled or terminated as provided below or unless You opt out of the automatic renewal feature as provided below.
Monthly Payment Subscriptions:
If You currently have or select a monthly payment subscription (e.g., a monthly Basic Plan or existing grandfathered monthly subscription), each month TNT Fitness will automatically renew Your membership on a month-to-month basis at the Membership Fee (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with TNT Fitness. Each monthly renewal payment will take place on or about Your expiration date. If the renewal of Your monthly membership fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by TNT Fitness). Except as otherwise required by applicable law, You agree that TNT Fitness will not provide You with any notices prior to each monthly renewal payment.
Canceling Your Subscription:
If you decide to cancel Your subscription, in order to avoid renewal, Your cancellation request must be received by no later than 5:00 p.m. Mountain Time on the business day prior to Your scheduled renewal payment date. You may cancel Your subscription by contacting TNT Fitness by telephone at (720) 299-1246; or by email at triedntruefitness@gmail.com
Authorization to Update Credit Card Account Information; Account Updater:
If the credit card or debit card provided by You to TNT Fitness has expired during an attempt to renew Membership Fees pursuant to this Section, You authorize TNT Fitness to revise the expiration date and proceed with billing using the same credit or debit card account. In addition, as a convenience to You, TNT Fitness contracts with a third-party service that refreshes expired or replaced credit card and debit card numbers with the numbers of any replacement cards so that Your paid Services do not lapse because the credit card or debit card information initially on file with TNT Fitness has expired or changed (“Account Updater”). By registering for the Service and receiving a membership, You consent to and authorize TNT Fitness’s disclosure of Your credit or debit card information to Account Updater. You further consent to the third party’s use of such information solely in connection with Account Updater. You also consent to TNT Fitness receipt and use of updated credit card or debit card account information from Your financial institution in connection with the provision of the Service as provided in this Agreement and the privacy policy.
7. LIMITED LICENSE TO WEBSITE AND MAGAZINE
By agreeing to the terms and conditions of this Agreement, TNT Fitness grants You a limited license to access and use the information and recommendations offered by the Service for Your personal health decisions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the information and recommendations and any content, without the express written consent of TNT Fitness.
8. HEALTH RELATED PROVIDERS
The contents of the TNT Fitness Website, such as text, graphics, images, information obtained from TNT Fitness, and other material contained on the TNT Fitness Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on the TNT Fitness Website.
If You think You may have a medical emergency, call Your doctor or 911 immediately. TNT Fitness does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. TNT Fitness is not a health or wellness provider and cannot recommend or refer You to any health or wellness provider. Reliance on any information provided by TNT Fitness, TNT Fitness contractors, others appearing on the Website at the invitation of TNT Fitness, or other visitors to the Website is solely at Your own risk.
The Website may contain health-related materials that are sexually explicit. If You find these materials offensive, You may not want to use our Website.
9. YOUR CONDUCT
In connection with Your use of the Service, You represent and warrant that You:
(a) are above the age of eighteen (18);
(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will not submit any reviews that may be considered by TNT Fitness to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(e) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(f) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(g) will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(h) have sufficient rights in and to all Content that You provide, transmit or otherwise convey to TNT Fitness in connection with the Service;
(i) agree not to re-sell or assign Your rights or obligations under this Agreement;
(j) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
TNT Fitness retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. TNT Fitness may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, TNT Fitness may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
10. DISCLOSURE OF INFORMATION
As TNT Fitness continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
11. TERM AND TERMINATION
The initial term of this Agreement will be defined in Your membership Plan, and will continue for automatic subscription renewals thereafter until termination by either party in accordance with the terms of this Agreement.
TNT Fitness may, for any reason in its sole discretion, immediately terminate this Agreement, Your account and Your access to the Service. If TNT Fitness merely terminates Your account for its convenience and You are not in breach of this Agreement, TNT Fitness will refund Your membership fees on a pro rata basis from the date of such termination to the end of the then current term.
Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
12. MODIFICATION OF TERMS AND CONDITIONS
TNT Fitness will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.tntfitforlife.com). You will receive notice if modifications to the Agreement are made. TNT Fitness will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.
13. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
TNT Fitness reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that TNT Fitness will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service.
14. DELAYS
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. TNT Fitness is not responsible for any delays, failures or other damage resulting from such problems.
15. USER FEEDBACK
TNT Fitness appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of TNT Fitness. In addition, none of the Submissions will be subject to any obligations of confidentiality and TNT Fitness will not be liable for any future use or disclosure of such Submissions.
16. COPYRIGHT MATERIALS
Aside from user-submitted Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of TNT Fitness and/or its licensors and are protected by all United States and international copyright laws.
17. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT TNT FITNESS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. TNT FITNESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR TNT FITNESS COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TNT FITNESS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TNT FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY TNT FITNESS OR THE FAILURE OF TNT FITNESS TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
TO THE EXTENT TNT FITNESS IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, TNT FITNESS’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF MEMBERSHIP FEES (IF MEMBERSHIP FEES ARE PAID ON AN OTHER THAN MONTHLY BASIS IT WILL BE THE PRORATED VALUE OF MEMBERSHIP FEES OVER A ONE (1) MONTH PERIOD).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TNT FITNESS CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO TNT FITNESS THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR TNT FITNESS, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF TNT FITNESS TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY TNT FITNESS. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF TNT FITNESS TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY TNT FITNESS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT TNT FITNESS SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless TNT FITNESS, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to TNT FITNESS or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. TNT FITNESS will have sole control of the defense of any such damage or claim.
20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for TNT Fitness to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which You accept as reasonable estimates of TNT Fitness’s damages for the specified breaches of this Agreement:
(a) If You post Content in violation of this Agreement, You agree to promptly pay TNT Fitness One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue You a warning before assessing damages.
(b) If You display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
(c) If You use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by You.
(d) Except as set forth in the foregoing subsections (a) through (c), inclusive, You agree to pay the actual damages suffered by TNT Fitness, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
21. NOTICE
You agree that TNT Fitness may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to TNT Fitness will be provided by sending: an email to triedntruefitness@gmail.com
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), TNT Fitness will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Tried and True Ltd.
PO Box 11857.
Denver, Colorado 80211
Attn: Tyler Divine
Email: triedntruefitness@gmail.com
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
i. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
iii. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
v. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
vi. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TNT Fitness will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
22. ENTIRE AGREEMENT
This Agreement governs Your use of the Service and constitutes the entire agreement between You and TNT Fitness. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and TNT Fitness regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, 1099 Contractors of TNT Fitness. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to TNT Fitness under this Agreement.
23. GOVERNING LAW
This Agreement and the relationship between You and TNT Fitness will be governed by the laws of the State of Colorado, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Jefferson County, Colorado and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that TNT Fitness may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
24. PROVISIONS REMAINING IN EFFECT
In the event Your membership with TNT Fitness is terminated or lapses or You are no longer a user of TNT Fitness, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 12, 14, 15, 17 and 23 through 31.
25. MISCELLANEOUS
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of TNT Fitness rights if TNT Fitness fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and TNT Fitness agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and TNT Fitness as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.