Terms & Conditions

TERMS AND CONDITIONS OF USE

Last updated: 03/10/24

These Website Terms and Conditions of Use (the “Terms of Use”) apply to the Courtside Fitness website located at www.CourtsideFitness.com, and all associated Courtside Fitness sites of our subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Courtside Fitness Center, LLC (“Courtside Fitness”.) Please read these Terms of Use carefully.

BY ACCESSING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE, WHICH FORM A LEGALLY BINDING AGREEMENT. PLEASE NOTE THESE TERMS CONTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY, AS WELL AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER FOR US RESIDENTS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE , PLEASE DO NOT USE THE SITE.

The Site is intended to be used solely by individuals over the age of 18.

OWNERSHIP OF CONTENT

Unless specified otherwise, this Site, including its design, textual content, selection and arrangement of elements, structure, graphics, and all aspects related to the Site (“Content”), are safeguarded by applicable intellectual property laws and other regulations, particularly those in the United States and Canada. All Content and associated intellectual property rights belong to Courtside Fitness, or the material is used with the consent of the copyright holder and is protected under relevant copyright and trademark laws. The display of any Content on this Site does not imply a relinquishment of any rights to such Content. Unauthorized reproduction, copying, distribution (including via email or other digital means), publication (including on other websites), modification, or transmission of any Content from this Site, in any form or by any means, is expressly forbidden without the prior written approval from Courtside Fitness. To request permission for reproducing or distributing materials from this Site, please contact Courtside Fitness in writing at 1907 Lake Landing Dr, League City, TX 77573, or via email at legal@courtsidefitness.com. The Content is intended solely for personal, non-commercial use.

Courtside Fitness provides you with a personal, limited, non-exclusive, non-transferable license to access, view, and utilize this Site for personal, non-commercial purposes only. This Site may not be used for unauthorized access to Courtside Fitness’s networks or computer systems or to engage in activities that disrupt, interfere with, or tamper with the Site or its associated servers and networks. You are prohibited from accessing the Site through any automated means, including scripts, web crawlers, and similar technologies.

TRADEMARKS

The Courtside Fitness logo, along with all page headers, custom graphics, button icons, and other brand features appearing on this Site, are, unless stated otherwise, the proprietary service marks, trademarks (registered or unregistered), and/or trade dress of Courtside Fitness (collectively referred to as the “Marks”). Any use or display of the Marks without the explicit written approval from Courtside Fitness is strictly forbidden. Unauthorized utilization or misapplication of the Marks, or any other trademarks, brand names, logos, service marks, and/or trade dress, or any other content presented on this Site, beyond what is allowed in this notice, is expressly prohibited. Trademarks and names of other products and companies mentioned, showcased, referenced, or implied on the Site belong to their respective owners.

PRIVACY POLICY

By accepting these Terms of Use, you consent to abide by our Privacy Policy, which can be found at www.courtsidefitness.com/privacy-policy and is hereby integrated by reference into these terms. We urge you to thoroughly review both the Terms of Use and the Privacy Policy prior to utilizing this Site. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.

TEXT MESSAGING SERVICES

We provide an ongoing SMS text messaging service (the “Text Service”). By entering your mobile phone number and agreeing to receive text messages (for instance, by pressing a button or marking a checkbox during registration), you consent to get text messages from us, which may be sent automatically, for non-commercial purposes such as service notifications, account updates, and membership details (like notifications of declined payments), as well as for promotional and marketing purposes. This may include receiving a URL to download our mobile application for club check-ins and usage of purchased services, links for guest passes for your contacts, and details on offers and exclusive events from us and our affiliates (referred to here as “Messages”).

Your agreement to accept Messages upon signing up for our services (such as through a membership contract) means that your participation in the Text Service is governed by the terms of that contract, which notably may include an arbitration clause. By agreeing to receive Messages, you are also agreeing to these Terms of Use and our Privacy Policy, where applicable.

Agreeing to receive Messages is not mandatory for purchasing our services. You have the option to withdraw from receiving Messages at any point by responding to a Message with the words STOP, UNSUBSCRIBE, or CANCEL. For assistance, respond to a Message with HELP. Depending on your mobile plan and carrier, message and data rates might apply. You are encouraged to check with your mobile service provider for details on your plan. Delivery of alerts by carriers is not guaranteed, and they will not be held responsible for messages that are delayed or not received.

Any data collected through the Text Service will be handled in line with our Privacy Policy.

ADDITIONAL TERMS, CONDITIONS AND AGREEMENTS

We may require you to follow additional rules, guidelines or other terms and conditions in order to use various features of our Site, to participate in certain promotions or activities available through our Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms and conditions, for example, by checking a box or clicking on a button marked “I agree.” This form of consent is often referred to as a “click-through” agreement. For instance, engaging with our Site (or any affiliated site of Courtside Fitness) for purposes such as enrolling in one of our fitness centers, entering a sweepstakes or contest, or making a purchase, will necessitate entering into a distinct agreement. If any of the terms or conditions of a click-through agreement are different than the terms of these Terms of Use, then the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by such agreement. In addition, certain areas of our Site (such as our online store) may be operated by third-party service providers. Such areas may be governed by certain additional terms, conditions, or policies of those third-party providers. 

SITE SUBMISSIONS

You may choose to submit information to Courtside Fitness through our Site for a variety of reasons, such as to become a member, make a purchase, or apply for employment opportunities. By submitting information to Courtside Fitness, you are authorizing us to utilize this information for the purpose for which it was submitted and for such other purposes as set out in our Privacy Policy. Nothing in these Terms of Use or the Site shall constitute an offer or promise of employment or relationship. We may or may not review all or any information submitted to us.

Except for personally identifiable information such as names, addresses, and financial information, unsolicited information and content submitted to this Site is assigned to Courtside Fitness free of charge, together with all worldwide rights, title and interest in all copyrights and other intellectual property rights in such submission and Courtside Fitness and its affiliates and related entities may use, sublicense, distribute, adapt, publicly perform, publish, display, or delete such submission at its sole discretion. By sending any unsolicited submission to Courtside Fitness, you waive the right to make any claim against Courtside Fitness, its parents, or affiliates related to the use of the submission. 

By posting or providing any content, you affirm and guarantee that the submitted material does not: violate any copyright, intellectual property, or other rights of any third party; contain any content that is libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; endorse sexually explicit or pornographic content, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; infringe upon the rights (including rights of publicity and privacy) of others, or include any content that could lead to civil or criminal liability under relevant laws or regulations, or that might be in opposition to these Terms of Use and our Privacy Policy; support any illegal activities, or promote, encourage, or aid any illegal acts; include commercial activities or sales, such as contests, sweepstakes, and other sales promotions, exchange, or advertising; create the impression that the content originates from or is endorsed by Courtside Fitness or any other entity, when this is not true. Courtside Fitness has the authority to delete any content that it considers, at its sole discretion, to breach these conditions.

You acknowledge that while navigating the Site, you might encounter third-party content over which Courtside Fitness has no control regarding its reliability, utility, or intellectual property ownership. Consequently, you relinquish any potential claims, rights, or legal remedies you might have against Courtside Fitness concerning such third-party content, except for the provisions outlined here for copyright infringement notifications. Courtside Fitness does not actively filter, supervise, or manage content uploaded by users and, therefore, does not endorse any views or opinions represented within such content. Courtside Fitness categorically rejects any responsibility for any third-party content encountered. As mentioned in other sections of this agreement, Courtside Fitness reserves the right to investigate content reported to breach these Terms of Use or any applicable laws or regulations and may, at its sole discretion, decide to remove such content.

ADVERTISING AND LINKS

Subject to obtaining our express written permission, you are allowed to establish hyperlinks directly to the homepage or other specific pages of this Site, under the conditions that: (i) the hyperlink precisely conveys the content as it is presented on the Site; (ii) the entire page from our Site is shown unaltered, without any framing, borders, margins, design, branding, trademarks, advertising, or promotional elements not originally part of the specific page on our Site; and (iii) there is no suggestion, either directly or indirectly, that you have received any form of endorsement, sponsorship, or support from this Site, Courtside Fitness, or its representatives. Copying any part of the Site or Content onto a server is prohibited, except as it occurs naturally in the course of page caching. Should you desire to establish a link to, or secure a license concerning the Site or the Content beyond what is outlined here, you are required to reach out to Courtside Fitness via email at Legal@courtsidefitness.com or at the address 1907 LAKE LANDING DR. LEAGUE CITY, TX 77573 beforehand. If Courtside Fitness has offered links to other sites, it should not be construed that Courtside Fitness endorses, is affiliated with, or has any control over these external sites. Courtside Fitness disclaims any liability for the content or practices of third-party sites linked to this Site. This Site might also have links to other sites operated by entities associated with Courtside Fitness. It is advised that when visiting such sites, you review their specific terms of use and privacy policies. Courtside Fitness does not endorse third-party advertisements on this Site, nor is it accountable for any products or services offered by these advertisements.

TERMINATION

Courtside Fitness reserves the right to immediately terminate your use of, or access to, this Site at any time for any reason in its sole discretion. Courtside Fitness further reserves the right to modify or discontinue this Site or any portion thereof at any time without notice.

COPYRIGHT INFRINGEMENT

If you believe that any material contained in this Site infringes on your copyright, you should notify Courtside Fitness of your copyright infringement claim in accordance with the following procedure. Courtside Fitness will process notices of alleged infringement which it receives and will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to Courtside Fitness by mail at 1907 LAKE LANDING DR LEAGUE CITY; TX 77573, Attention: General Counsel, or by e-mail to Legal@courtsidefitness.com. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): (i) 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(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Site; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (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 owner, its agent, or the law; (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. If you are a user outside the United States and are not subject to the DMCA, you should notify Courtside Fitness of your copyright infringement claim in writing and in accordance with the above procedure and other applicable intellectual property laws including, but not limited to, the Canadian Copyright Act.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, OR ANY SITE WITH WHICH IT IS LINKED, WHICH ARE EACH PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ITS CONTENTS, AND ANY SITE WITH WHICH THIS SITE MAY BE LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE. 

EXCLUSION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY CONTENT PROVIDED ON THE SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY COURTSIDE FITNESS’S GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT.  NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.

INDEMNITY

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Courtside Fitness, its parents subsidiaries and affiliates together with their respective directors, officers, managers, members, employees and agents, from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) incurred or alleged by any third party arising out of or related to your use of this Site, any content you submit, post to, or transmit through this Site or your breach or alleged breach of these Terms of Use. 

LEGAL COMPLIANCE

You must adhere to all relevant laws, statutes, ordinances, and regulations in relation to your use of the Site. When submitting information via the Site, you commit to providing truthful, accurate, current, and comprehensive details about yourself. You agree to refrain from uploading or transmitting through the Site any computer viruses, Trojan horses, worms, or any other malicious software intended to disrupt, interrupt, or impair the normal operational functions of a computer or network. Unauthorized alterations, tampering, or changes to any information, or interference with the availability of or access to this Site, are expressly forbidden. Should you become aware of any misuse of this Site by anyone, please notify the Site Administrator at Security@CourtsideFitness.com with your concerns. Courtside Fitness retains all applicable rights and remedies at its disposal.

GENERAL PROVISIONS

These Terms of Use operate to the fullest extent permissible by law. Should any part of these Terms of Use be deemed unlawful, void, or unenforceable, such part will be considered detachable from these Terms, and will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, without affecting the validity and enforceability of the remaining provisions. Any waiver of a provision in these Terms of Use requires the express written consent of Courtside Fitness. Neither the non-use nor the delayed use of any right or remedy under these Terms of Use constitutes a waiver of that right or remedy. Courtside Fitness reserves the right to assign these Terms of Use at its discretion. The headings used herein are solely for convenience and have no legal or contractual effect, nor do they limit or expand the scope of the respective sections. Inaction regarding a breach of this agreement does not constitute a waiver of any right to address subsequent or similar breaches. These Terms of Use represent the complete agreement and understanding between us concerning the subject matter herein.

MODIFICATION

Courtside Fitness reserves the right to modify or amend these Terms of Use without notice at any time. The latest Terms of Use will be posted on the Site, and you should always review these Terms of Use prior to using the Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Site. If we make material changes to this policy, we will notify you by means of a conspicuous notice posted on our homepage or by direct communication to you via email or your account. Use by you of the Site following any modifications or amendments to these Terms of Use shall signify your acceptance of such modifications or amendments.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail to Courtside Fitness Attn: Legal Department, 1907 LAKE LANDING DR, LEAGUE CITY; TX 77573 (in the case of notice to Courtside Fitness) or to the email address you provide to Courtside Fitness (in the case of notice to you). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address you have provided to Courtside Fitness. In such case, notice shall be deemed given 3 days after the date of mailing. 

CONTACTING COURTSIDE FITNESS

Any questions, comments, or issue with this Site should be addressed to the Site Administrator at Security@CourtsideFitness.com.

GOVERNING LAW, VENUE AND DISPUTE RESOLUTION

This Agreement is governed by and construed in accordance with U.S. Federal laws and the State of Texas without giving effect to any principles of conflicts of law. For any claims not subject to mandatory arbitration pursuant to this agreement, you agree to submit to the exclusive jurisdiction of the courts of the State of Texas or, if appropriate, the United States District Court for the State of Texas for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

DISPUTE RESOLUTION

Disputes Involving U.S. Users – Mandatory Arbitration

If you are a user based in the United States, in the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use, the Site, or your use thereof, the parties shall first attempt, promptly and in good faith, to resolve any such dispute informally between them. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), YOU AGREE THAT THE DISPUTE SHALL, UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES FOR ANY PARTICULAR DISPUTE, BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, PURSUANT TO THE THEN-CURRENT CONSUMER ARBITRATION RULES.  ANY ARBITRATION COMMENCED BETWEEN YOU AND THE COURTSIDE FITNESS PARTIES MUST BE ARBITRATED IN TEXAS. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.  THIS MEANS NEITHER YOU NOR THE COURTSIDE FITNESS PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE.  The foregoing shall not apply to suits falling within the jurisdiction of the small claims courts located in the State of Texas or to enjoin infringement or other misuse of intellectual property rights, and you or the Courtside Fitness Parties may bring suit in court for (a) individual small claims matters and (b) to enjoin infringement or other misuse of intellectual property rights.

RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org