Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE.

BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY MALIBU HEALTH CLUB (for purposes of these terms and conditions the term “MALIBU HEALTH CLUB” includes MALIBU HEALTH CLUB’s affiliates, as applicable) FROM TIME-TO-TIME AND POSTED ON THIS WEBSITE.

No Warranties. Although MALIBU HEALTH CLUB attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the “Contents”) on the Website, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE WEBSITE AND ITS CONTENTS IS AT THE USER’S SOLE RISK. THE WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, MALIBU HEALTH CLUB ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY.

Limitation of Liability. IN NO EVENT WILL MALIBU HEALTH CLUB OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE WEBSITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEBSITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS WEBSITE OR ANY OTHER WEBSITE, EVEN IF MALIBU HEALTH CLUB IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Use of Website. Contents are included in this Website solely for the personal use of Website users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Website without the prior written consent of MALIBU HEALTH CLUB, which may be withheld in its sole discretion.

MALIBU HEALTH CLUB may establish links between this Website and one or more Websites operated by third parties. MALIBU HEALTH CLUB has no control over any such other Websites or the contents therein. The existence of any such links shall not constitute an endorsement by Malibu Health Club of such Websites, the contents of the Websites, or the operators of the Websites.

Transmissions to and from this Website. Except where expressly indicated otherwise, transmissions to and from this Website or directed to MALIBU HEALTH CLUB, including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at MALIBU HEALTH CLUB. Please do not use E-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call 1-310-456-7721 or write us instead at this address: MALIBU HEALTH CLUB, 22917 PCH #220 Malibu, CA 90265, Attention: Web Site Customer Service. Any transmission to this Website, including E-mails shall be deemed and remain the property of MALIBU HEALTH CLUB. MALIBU HEALTH CLUB shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Website user to MALIBU HEALTH CLUB through this Website.

MALIBU HEALTH CLUB may at any time make modifications, changes, and alterations to the Contents of this Website, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this Website following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.