Total Fitness Center

CONTENT LINKED TO THIS SITE

Please exercise discretion while browsing the internet using this site. You should be aware that while you are on this site, you could be directed to other websites that are beyond our control. There are links to other sites from this site’s pages that take you outside this site. This includes links to organizations, businesses , advertisers, and health information. These other sites may send their own cookies to users of their sites, collect data, or solicit personal information. These other sites may contain content or information that you may find inappropriate or offensive. We reserve the right (but shall have no duty) to disable links from these third party sites to this site. We make no representations concerning the content of sites linked to this site or listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to this site.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Total Fitness explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on sites that link to or from this site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this site or third party content on our sites. We do not endorse any of the merchandise (if any) except as expressly provided, nor has Total Fitness taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. Total Fitness does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold Total Fitness and Total Fitness's affiliated companies and their respective officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorneys’ fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach or non-compliance by you of these Terms of Use, any of your representations or misuse of this site or of any site linking to this site, and any claim brought by persons or entities (other than the parties to this Agreement) arising from or related to your access to and use of this site. You shall use your best efforts to cooperate with us in the defense of any claim.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TOTAL FITNESS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF TOTAL FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TOTAL FITNESS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT OF YOUR ACTUAL AND PROVEN DAMAGES.