General

Hard Candy Fitness is pleased to welcome you to this web site. Your use of this web site, and all goods and services previewed through this web site are subject to the binding legal terms set forth below. You understand that we may update these Terms from time to time without giving you any notice. Any new features or updated services that we put on the web site will be subject to these Terms. By using our services, you agree to each of the terms set forth herein. If you do not agree with any term or condition set forth below, you are not authorized to use the web site for any purpose.

External Links

This web site contains links to other web sites, including affiliate and licensee we sites. Hard Candy Fitness LLC does not own, administer, or control any part of these web sites. Your use of such other web sites is subject to the terms of use, if any, contained within those web sites. If there is any conflict between the Terms set forth herein and any terms or notices set forth on any other web site, then the terms of such other web site will control your use of that web site. Please review the terms of use for each web site so that you understand all of the terms that will apply.

Copyright Notice

All of the Content you see on this web site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Hard Candy Fitness, LLC, one of its affiliates or by third parties who have licensed their materials to Hard Candy Fitness, LLC. The entire Content of the this Web site is copyrighted as a collective work under U.S. copyright laws, and Hard Candy Fitness, LLC owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of this web site, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site.

You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Hard Candy Fitness, LLC reserves complete title and full intellectual property rights in any Content you download from this web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Hard Candy Fitness, LLC.

Submissions

We welcome your feedback regarding this web site as well as our club locations. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent through this website shall be and remain the exclusive property of Hard Candy Fitness, LLC. Your submission of any such Comments shall constitute an assignment to Hard Candy Fitness, LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Hard Candy Fitness, LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.

For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Disclaimer

This web site and all contents of this web site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this web site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Hard Candy Fitness, LLC shall not be liable for any damages of any kind related to your use of this site.

While we will make every effort to keep content on this site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on class changes, contact information and any other information regarding a specific Hard Candy Fitness location, contact that Hard Candy Fitness location or its respective web site. For other information about Hard Candy Fitness, please contact the corporate contact information provided on this site.

Indemnification

You agree to defend, indemnify and hold Hard Candy Fitness, LLC, including its agents, successors, and assigns, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site. In addition, to the extent there is any inconsistency between the Terms of Use and the contract which you sign with Hard Candy Fitness, LLC, the contract will be deemed to be the governing document for all purposes.

Privacy

Any information that we may collect from you during your use of our web site is subject to our Privacy Policy. For the full text of our Privacy Policy, please click here.

No Other License Granted

Except for allowing you to use the web site for your own personal, non-commercial use, your use of this web site does not grant you a license or any other rights from Hard Candy Fitness, LLC, including intellectual property or other proprietary rights of Hard Candy Fitness, LLC.

Disclosure of Your Identity

From time to time we may receive requests to disclose the identities of our users. We do not disclose the identities of our users unless we are legally required to do so.

If a governmental agency (for example, law enforcement agencies or similar governmental agencies) sends us a subpoena, we will comply with it. If we receive a subpoena by a third party that is not a governmental agency (for example, a subpoena in connection with civil litigation), we will contact the user whose identity has been requested using the contact information the user provided during the registration process. We will wait ten (10)

days after notifying the user before complying with the subpoena, unless the subpoena requires us to disclose this information before then. If we cannot wait ten (10) days because of the deadline in the subpoena, we will let the user know the deadline included in the subpoena when we provide notice that we received it.

Miscellaneous

These Terms are the entire agreement between you and Hard Candy Fitness, LLC. They supersede any and all prior or contemporaneous agreements between you and Hard Candy Fitness, LLC relating to your use of the web site. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Hard Candy Fitness, LLC for any violation of Hard Candy Fitness, LLC proprietary or other rights, any and all disputes relating to these Terms,

your use of our web site shall be resolved by arbitration in accordance with the then-current rules of JAMS/Endispute (“JAMS”) before an independent arbitrator designated by JAMS. The location of arbitration shall be in New York County. You can direct any questions concerning these Terms to:

info@hardcandyfitness.com

or:

Hardy Candy Fitness, LLC
3595 Mt. Diablo Blvd. #300
Lafayette, CA 94549
Re: Terms and Conditions