NOTICE TO USER
The Hall Pass, LLC reserves the right, in its discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued accessing or use of the Website following the posting of changes to this Agreement will be deemed to be your conclusive acceptance of those changes and the modified Agreement.
You agree to allow The Hall Pass, LLC to take reasonable measures as necessary to verify the accuracy and completeness of any information that you submit if you register as a member of the Website. You agree not to provide incomplete, false, or misleading information as part of your registration or other information provided to The Hall Pass, LLC or to others in connection with your participation in the Website's Interactive Areas.
If you register as a user of the Website, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password and for all activities that occur under your username and password. You agree to notify The Hall Pass, LLC of any unauthorized use of your username and password or any other breach of security at the Hall Pass LLC’s website.
The Hall Pass, LLC may provide areas on the Website to which you or others can post messages or transmit communications ("Interactive Areas"). As a condition of your use of this service, you warrant to The Hall Pass, LLC that you will not use the Interactive Areas for any purpose that is unlawful or prohibited by this Agreement. Specifically, you agree not to upload to, distribute through or otherwise publish through an Interactive Area any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, false, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. The Hall Pass, LLC reserves the right to deny you access to any part of this service in its sole discretion. You are responsible for material that you send to any Interactive Area. The Hall Pass, LLC makes no endorsement, representation or warranty with respect to statements made by any user in the Website's Interactive Areas.
By uploading materials to any Interactive Area or submitting any materials to The Hall Pass LLC’s website, you automatically grant (or warrant that the owner of such rights has expressly granted) The Hall Pass, LLC a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
The Hall Pass, LLC has the right to terminate your ability to use or access the Website at any time without notice to you. You may terminate these terms at any time by destroying all Content obtained from the Website, including, without limitation, all copies and installations thereof, whether made under these terms or otherwise and by not accessing, or uploading to, the Website again. Upon termination, you must destroy all Content obtained from the Website and all copies thereof, whether made under these terms or otherwise. The Hall Pass, LLC will not be liable for any damages of any nature suffered by any member, user or any third party resulting in whole or in part from The Hall Pass, LLC's exercise of its rights under these terms and conditions.
SOME INFORMATION ON THIS WEBSITE HAS BEEN PROVIDED BY THIRD PARTIES AND HAS NOT BEEN VERIFIED OR CONFIRMED BY THE HALL PASS LLC. THE HALL PASS LLC MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OF ANY INFORMATION ON THIS WEBSITE. THE CONTENT CONTAINED ON THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HALL PASS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE HALL PASS, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE HALL PASS, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE HALL PASS, LLC) ASSUME THE ENTIRE COST OF ACQUIRING AND/OR POSTING ANY INFORMATION YOU PROVIDE TO THE HALL PASS, LLC.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE HALL PASS, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OR INABILITY TO USE THE WEBSITE, YOUR RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE. IN NO EVENT WILL THE HALL PASS, LLC's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO THE HALL PASS, LLC FOR ACCESSING THE WEBSITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE HALL PASS, LLC HARMLESS FROM ANY AND ALL LIABILITIES, LOSSES, CLAIMS, COSTS AND EXPENSE, INCLUDING REASONABLE ATTORNEYS FEES, RELATED TO YOUR VIOLATION OF THIS AGREEMENT.
The Content contained on the Website has been prepared by The Hall Pass, LLC as a service to its members and the other users of the Website. The Hall Pass, LLC does not warrant or guarantee the accuracy, reliability completeness or adequacy of the Content or the content of any other site(s) to which the Website may link. Users of Content from the Website or the content of any other site(s) to which the Website may link do so at their own risk. Any unauthorized downloading and distribution of any copyrighted material from this Website or any other site(s) to which the Website may link, without the copyright owner's permission, is strictly prohibited.
Your right to use the Website is not transferable. Any password or right given to you to obtain information is not transferable.
Any reference made by the Website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by The Hall Pass, LLC. Content on the Website may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, reviewers, members, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of The Hall Pass, LLC.
LINKS TO OTHER WEBSITES AND SERVICES
To the extent that the Website contains links to outside services and resources, The Hall Pass, LLC does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
RESTRICTIONS ON USE OF MATERIALS
Unless otherwise noted, all materials and information, including, without limitation, all text, data, graphics, images, illustrations, designs, icons, photographs, audio and video, that are part of the Website (collectively, the "Content") are protected by copyright and owned, controlled or licensed by THE HALL PASS, LLC. You agree to abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Website.
No Content from the Website may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way without the prior written consent of The Hall Pass, LLC. If you wish to build a hyperlink to the Website, you may do so provided you agree to cease such link upon request from The Hall Pass, LLC. No other use is permitted without the prior written consent of The Hall Pass, LLC. Use of any robot, spider, other automatic device, or manual process to monitor or copy the pages on the Website or the Content is strictly prohibited. Unauthorized modification of the Content or use of the Content for any purpose is a violation of The Hall Pass, LLC’s copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other Website or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to The Hall Pass, LLC.
FITNESS LOCATION INVOLVEMENT
Outside services and fitness locations found on the Website are operated independently of The Hall Pass, LLC. The Hall Pass, LLC makes no guarantee that fitness locations and services found on the Website will continue to be offered to Website members in the future. At any time and for any reason, The Hall Pass, LLC reserves the right to modify or change Website pricing and/or credits required for outside services and visits to specific fitness locations.
COPYRIGHT INFRINGEMENT POLICY
In accordance with Section 512(c) of the Digital Millennium Copyright Act (“DMCA”), if you believe that any material contained in this Website infringes on your copyright, please provide THE HALL PASS Copyright Agent with the following information:
• A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
• A description of the allegedly infringing material and information sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
• A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
The DMCA requires that notifications of claimed copyright infringement should be sent to this Website's Designated Agent who is:
Mail: THE HALL PASS, LLC
Attn: Digital Millennium Copyright Act Agent
4 Courtenay Lane
San Antonio, TX 78257
These terms are governed by and must be construed in accordance with the laws of the State of Texas, without regard to conflicts of law doctrines except to the extent that certain matters may be preempted by federal law. You agree that no joint venture, partnership, employment, or agency relationship exists between The Hall Pass, LLC and you as a result of this Agreement or your use of the Website. You also agree that any action at law or in equity arising out of or relating to these terms will be filed only in the state or federal courts in the jurisdiction serving Dallas, Texas; and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms is determined to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severable from these terms and will not affect the validity and enforceability of any remaining provisions. You agree that, regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Website and these terms must be filed within one (1) year after the date the cause of action arose, or be barred as untimely. This is the entire agreement between The Hall Pass, LLC and you relating to the subject matter herein; and it will not be modified except as provided herein or in writing, signed by The Hall Pass, LLC. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement will take precedence. The Hall Pass, LLC's failure to enforce any provision of this Agreement will not be deemed to be a waiver of such provision or of the right to enforce such provision.