Unless otherwise specified, the services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the services.
All payments are non-refundable, including for partial payments.
We offer certain paid Services (“Premium Services”), as set forth on the Websites. Subscription fees (“Fees”) for Premium Services are also set forth on the Websites. You may be required to pay Fees to access and use much of the functionality of the Services.
Standards Of Conduct
You may not transmit to other users, communicate any content, send any links, or otherwise use the Websites and/or the Services to: (a) post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or which MTS considers in its sole discretion to be, defamatory, inaccurate, unlawful, harmful, threatening,abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
(b) sell or promote any products or services;
(c) sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;
(d) introduce viruses, time-bombs, worms, cancelbots, Trojan horses and/or harmful code on the Internet;
(e) use scripts, bots, crawlers or other automated technology to access the Websites and/or Services;
(f) spam, spim, phish, troll or similar activity;
(g) display material that exploits children under 18 years of age;
(h) post content that infringes or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
(i) promote, solicit or participate in multi-level marketing, pyramid schemes or any other scheme to defraud, swindle or deceive other users;
(j) promote, solicit or participate in gambling or similar activity;
(k) harass, embarrass or cause distress or discomfort upon another participant, user, MTS employee or representative, or other individual or entity, or publicize any of the information You obtain through the Services;
(l) create a false identity or impersonate any other person, including but not limited to, a customer, supplier, expert, bulletin board leader, guide, host, MTS employee, representative, celebrity or public figure;
(m) misrepresent affiliation, connection or association with any person or entity;
(n) post or disclose any personally identifying information or private information about children or any third parties without their consent p(or their parent's consent in case of a child under 18 years of age);
(o) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
(p) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with Your use of theSite, in any manner;
(q) invade the privacy or violate any personal or proprietary right p(including, without limitation, intellectual property rights) of any person or entity; or
(s) suggest, elicit, or encourage any illegal activity. These are some, though not all, of the activities that may result in removal of Your content from the Websites and/or the termination of Your access and membership to the Websites and/or the Services. You agree to promptly report to MTS any violation of this Agreement by others. MTS reserves the right at all times to disclose any information MTS deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
User-To-User Communication And Sharing; Transmission Of Messages.
(a) MTS offers various forums for user-to-user communications, such as the chatting services, forums, message boards, recommendation engine, and other forms of user-to-user communications available on the Websites where You can post Your observations and comments on certain topics and/or communicate with individual MTS members. MTS also enables sharing of information by allowing users to post updates, including links to other websites and other information and other content to their profile and other parts of the Websites. MTS may close or transfer, or remove user-generated content from the Websites if the content violates this Agreement or any third-party rights. Please note that ideas You post and information You share may be seen and used by other users, and MTS cannot guarantee that other users will not use the ideas and information that You share on or through the Websites or Services. Therefore, if You have an idea or information that You would like to keep confidential and/or do not want others to use, or that is subject to third-party rights that may be infringed by Your sharing it, do not post it to any Website. MTS IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY MTS FORUM.MTS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES OR TRANSMISSION OF ANY OTHER USER-GENERATED CONTENT SENT THROUGH MTS TO ANYONE OR POSTED PUBLICLY.
The following actions can lead to revocation of your membership.
(a)Post illegal, inappropriate or threatening content.
(b)Spam members through posts or personal messages.
(c)Make statements that could damage the reputation of other members.
(d)Disrupt the professional work environment.
(e)Conduct fraudulent activity.
Permission to use documents (such as white papers, press releases, datasheets and faqs) from the services is granted, provided that1- the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear.
2- use of such documents from the services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media.
3-no modifications of any documents are made.
Documents specified above do not include the design or layout of the MTS Development.com web site or any other MTS Development owned, operated, licensed or controlled site. Elements of MTS Development web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any MTS Development web site may be copied or retransmitted unless expressly permitted by MTS Development.
Software, documents and services available on this web site
In no event shall MTS Development be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
Materials provided to MTS Development or posted at any MTS Development web site
MTS Development does not claim ownership of the materials you provide to MTS Development (including feedback and suggestions) or post, upload, input or submit to any services or its associated services for review by the general public, or by the members of any public or private community, (each a “submission” and collectively “submissions”). However, by posting, uploading, inputting, providing or submitting (“posting”) your submission you are granting MTS Development, its affiliated companies permission to use your submission in connection with the operation of their internet businesses (including, without limitation, all MTS Development services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; to publish your name in connection with your submission; and the right to sublicense such rights to any supplier of the services.
No compensation will be paid with respect to the use of your submission, as provided herein. MTS Development is under no obligation to post or use any submission you may provide and MTS Development may remove any submission at any time in its sole discretion.
Risk Assumption and Precautions.
You assume all risk when using the Websites and/or Services, including but not limited to, all of the risks associated with any online or offline interactions with others, including dating and attending any MTS events or any other events sponsored by MTS in connection with the Services. You agree to take all necessary precautions when meeting individuals through the Websites and/or Services. MTS makes no guarantees, either express or implied, regarding the individuals You meet through the Websites and/or Services, the accuracy or completeness of the information they provide, the conduct of such individuals or the manner in which such individuals may use or misuse the information You provide.
Submissions; Rights; Privacy.
(a) You are solely responsible for, and assume all liability regarding (i) the information and content You contribute, post, transmit, publish, or otherwise make available (“post”) through the Websites and/or Services, including, without limitation, Your profile information; and (ii) Your interactions with other users through the Websites and/or Services
(b) You will not provide inaccurate, misleading or false information to MTS or to any other user. If information provided to MTS or another user subsequently becomes inaccurate, misleading or false, You will promptly notify MTS of such change and You will update the information in Your profile on our Service.
(c) We reserve the right, but have no obligation, to monitor the information or content You post through the Websites and/or Services. We have the right to remove any such information or material that in our sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
(f) You acknowledge that MTS may invite You to participate in a professional photography session and that You may be invited to events at which MTS may take photographs (each such photography session or event, an “MTS Photo Event”) and You may choose to participate in such MTS Photo Events. For good and valuable consideration, receipt and sufficiency of which is acknowledged, You hereby grant to MTS and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers) transferable, fully paid-up, royalty-free, perpetual, irrevocable right to photograph, use, reproduce, modify, edit, alter, rearrange, prepare derivative works from, distribute, publicly display, publicly perform, digitally perform, and publish my name, voice, likeness, appearance, image, and/or biographical information (collectively, the “Material”) in any media now known or hereafter developed (including, but not limited to, MTS’s websites), for any purpose whatsoever including, but not limited to, promotional, advertising, and other commercial purposes, without limitation as to frequency. You understand and agree that You do not have the right to any compensation or reimbursement from MTS in connection with the Material. You waive any rights that You may have to inspect or approve MTS’s use of the Material and any advertising copy or other material that may be used in connection therewith, or the use to which it may be applied. You expressly acknowledge that MTS has no obligation to use the Material. You hereby unconditionally release MTS, and its employees, directors, officers, agents, successors, licensees and assigns (the “Released Parties”), from any and all claims, demands, disputes, suits and causes of action, damages, obligations and liabilities, including but not limited to claims for defamation, invasion of privacy, misappropriation of publicity rights, and copyright infringement, which You now have, have ever had or may hereafter have against the Released Parties relating in any way to the Materials or use thereof.
(g)I acknowledge that MTS Wellness Workshops (the “Class”) involves strength, flexibility, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous activities. Additionally, I hereby acknowledge and agree that use by Member and/or Member’s minor children of the facilities, services, equipment or premises offered by MTS Development, involves risks of injury to persons and property. I understand, voluntarily accept and assume full responsibility for such risks, which include (but are not limited to) injuries arising from use of exercise equipment and machines; injuries arising from participation. in supervised or unsupervised activities or programs; injuries and medical disorders arising from exercising such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; accidental injuries occurring in dressing rooms, showers and other facilities; and injuries so severe they result in permanent disability, head injury, paralysis, and even death. I am voluntarily agreeing to participate in the Class and I hereby agree to expressly assume and accept any and all risks of injury, physical harm or death. I acknowledge and represent that I am physically sound and I do not suffer from any illness, impairment, disease or other condition that would prevent me from participating in the Class, performing any exercises or using any equipment. In consideration of being allowed to participate in the Class, I do hereby knowingly and voluntarily, on behalf of myself and my heirs and assigns, forever waive, release, discharge and hold harmless The MTS Development and its subsidiaries and affiliates, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence) or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury or death, arising out of or relating in any way to my participation in the Class and its related programs and activities or my use of any facilities, equipment or machinery in connection with the Class. Further, in consideration of Member and Member’s minor children being permitted to enter any facility of The MTS Development , for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, I agree that The MTS Development will not be liable for any injury to the person or property of Member and/or Member’s minor children, and I hereby release and hold harmless The MTS Development from all liability to Member, Member’s children and Member's personal representatives, assigns, heirs, and next of kin for any loss or damage, and forever gives up any claim or demands therefore, on account of injury to person or property, including injury leading to death, whether caused by the active or passive negligence of The MTS Development or otherwise, and whether related to exercise or not, to the fullest extent permitted by law, while Member and/or Member’s minor children are in, on, or about The MTS Development premises or using any The MTS Development facilities, services or equipment. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during the Class. I represent and acknowledge that I have read and understand this Group Fitness Liability Waiver and Release. The invalidity, in whole or in part, of any portion of the above paragraphs will not affect the remainder of this form. THE MTS Development Agreement to Arbitrate all Disputes. IN THE EVENT OF ANY DISPUTE (OTHER THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU THE MTS Development , YOU AND THE MTS Development CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR YOUR THE MTS Development CLUB, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND THE MTS Development ALSO AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN YOU AND THE MTS Development IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY THE MTS Development IN WRITING, BY MAIL TO THE MTS Development AT 9663 SANTA MONICA BOULEVARD, #1116, BEVERLY HILLS, CA 90210 WITHIN 30 DAYS OF THE DATE YOU FIRST RECEIVE THIS AGREEMENT, STATING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH THE MTS Development BY ARBITRATION. IN ADDITION, YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION, A CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF THE MTS Development IS A PARTY TO THE PROCEEDING. THE ARBITRATOR SHALL INTERPRET AND DETERMINE THE VALIDITY OF THE ARBITRATION PROVISION, INCLUDING UNCONSCIONABILITY. IF THE ARBITRATOR FINDS THAT THE ARBITRATION AGREEMENT, INCLUDING CLASS WAIVER, IS UNENFORCEABLE, IN WHOLE OR PART, THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID AND EITHER PARTY MAY FILE THE ACTION IN COURT. My voluntary execution of this form evidences my agreement to the terms, provisions, waivers and releases as set forth above.I agree to the terms