120/80 User Agreement
Terms & Conditions
This User Agreement applies to any potential or actual customers of any products sold on the 120/80 website.
- General Disclaimer. 120/80 is a digital agency and its primary business is the building and tracking the progress of online marketing campaigns and initiatives. By agreeing to the Terms & Conditions, you are agreeing to allow them access to your site analytics. By using this site, you agree to all its Terms & Conditions.
- Terms and Conditions. By visiting, accessing or using any part of 120/80, I expressly accept, agree to and consent to be bound by the terms and conditions of this 120/80 User Agreement (“Agreement”). If I do not agree to these terms and conditions of use, I will not access or use any portion of 120/80, and agree that my sole remedy is to discontinue my access to or use of 120/80.
- User Agreement Modifications. 120/80 may modify this Agreement at any time. Such modification shall be effective immediately upon either posting of the modified agreement or by notifying me. The most current version of the 120/80 Use Agreement may be found at www.120over80.com. My continued access to or use of 120/80 constitutes my conclusive acceptance of the modified agreement.
- Operational or Website Modifications. 120/80 reserves sole and complete discretion with respect to the operation of its’ site. 120/80 reserves the right to modify the site, in whole or in part, at any time for any reason, including but not limited to changes to any features, content, functionality, software or other items used or contained in the site. 120/80 further reserves the right to suspend its’ operations or its’ site, including for periodic maintenance, equipment malfunctions or causes beyond 120/80’s control. 120/80 further reserves the right to terminate any of its applications or services. My continued access to or use of 120/80’s site constitutes my conclusive acceptance of any such modifications. I agree that 120/80 shall not be liable to me for any such modification, suspension or termination of any of its applications or services.
- Electronic Communications. When I access or use the 120/80 website, I understand that I am communicating electronically with 120/80. I expressly consent to receipt of electronic communications from 120/80. I understand and agree that all agreements, notices, disclosures, authorizations, verifications, confirmations or other electronic communications that 120/80 provides to me according to this paragraph satisfies any legal requirement that such communication be in writing.
- Copyright and Trademarks. I understand that the entire contents of 120/80 are copyrighted under the law as collective work and/or compilation. 120/80 holds and owns the copyright and all other proprietary and intellectual property rights and title in and to the collective work, including but not limited to the pages, graphics, design, text, sound recordings, images, materials and content of the 120/80 website, some of which may be trademarked. I agree that I will not copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from, any of the contents of 120/80, including any information, products or services, without 120/80’s express written consent. I understand and agree that 120/80 is solely for my personal, non-commercial use. Subject to these and any other express restrictions with regard to specific material, I understand that I may download information concerning my 120/80 services or, if applicable, my membership, from 120/80 solely for my personal non-commercial use, including as applicable information concerning my membership type, status, enrollment date, contact information, club usage, transactions, packages and/or payment accounts, if applicable. I understand that by posting, submitting, transmitting, emailing, messaging, uploading, sharing, or otherwise making available (hereinafter “post” or “posting”) any messages, text, files, images, video, photos, sounds, or other materials on or through 120/80 (“User Content”), I am granting 120/80, its subsidiaries, affiliates, assigns, agents, and licensees the irrevocable, perpetual, fully paid, non- exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and prepare derivative works of the User Content in or on 120/80. I further agree that 120/80 does not need to give me any further right to approve its uses of my User Content.
- Copyright Infringement Notification. Pursuant to the Digital Millennium Copyright Act (“DMCA”), 120/80 has designated an agent (“Copyright Agent”) to receive notices of claimed copyright infringement. If I (or an agent authorized to act on my behalf) believe in good faith that my work is on 120/80 in a way that constitutes copyright infringement, please provide written notice to 120/80’s Copyright Agent by email to email@example.com or Nozari Legal, LLC, 701 Main Street, Suite 202, Evanston, Illinois 60202 Attn: Copyright Agent with the following information:
- a physical or electronic signature of a person authorized to act on the copyright owner’s behalf;
- a description of the copyrighted work claimed to have been infringed;
- a description of where the copyrighted work is located on 120/80, including if applicable a URL;
- your address, telephone number and email address;
- a statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent or the law; and
- a statement, under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
In accordance with the DMCA, 120/80 may delete, remove or disable any infringing work, and may forward to the alleged infringer your written notice and its own notice that the work has been deleted, removed or disabled. 120/80 reserves the right to terminate members who have posted infringing work.
- Accuracy of My Personal Information. I represent and warrant that all information that I provide to 120/80 through 120/80 is current, accurate, complete and truthful, including but not limited to all initial or updated registration or membership information, including the legal name, street address, email address, telephone number, and financial transaction account information related to me or anyone on my membership. If a member of 120/80, I further specifically represent and warrant that I am an authorized account holder of any financial transaction account which I provide to 120/80 through 120/80 for payment of membership dues or other transactions.
- Termination of My Use of 120/80. 120/80 may block, restrict, disable, suspend or terminate my access to or use of all or any parts of 120/80 without prior notice or liability to me.
- Inappropriate Use of 120/80. I agree that I will not post, submit, transmit, email, upload, share, store or otherwise make available any User Content:
- that is unlawful, illegal, threatening, abusive, harassing, stalking, intimidating, libelous, false, defamatory, invasive of another’s privacy or publicity rights, violent, vulgar, obscene, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive or improper in 120/80’s judgment;
- that is hateful toward an individual or group of individuals on the basis of race, color, gender, sexual orientation, gender identity, national origin, ethnicity, age, disability, religion or any other protected class;
- that violates any contract or agreement I have with 120/80, including but not limited to my Member Usage Agreement and General Terms Agreement (these agreements only apply to 120/80 Members);
- that includes personal or identifying information about another person without that person’s affirmative consent;
- that is false, fraudulent, misleading or deceptive;
- that constitutes or contains any form of commercial advertising, marketing, solicitation or promotion, including but not limited to messages and links for commercial purpose or benefit and any affiliate marketing, link referral code, junk mail, spam, chain letters, or pyramid or Ponzi schemes; and that may interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of 120/80, including but not limited to User Content with a software virus or User Content in an excessive amount (e.g., flooding attack).
- Assumption of Risk and Waiver of Liability. I expressly understand, acknowledge, and agree that there are risks inherent in accessing and using 120/80, including but not limited to loss, theft, breach, misuse, or unauthorized use of personal information. I expressly assume these risks, agree to access and use 120/80 at my own risk, and agree to waive any and all claims against 120/80, and its subsidiaries, affiliates, officers, employees, agents, partners and licensors, related to such access or use (including claims on behalf of minors on my membership) for any damage, loss, or injury of any kind sustained by me or any person on my membership caused as a result of 120/80’s negligence, but not those resulting from gross negligence, willful misconduct, or reckless disregard, unless prohibited by applicable privacy law
- Disclaimer of Warranties. I expressly understand, acknowledge and agree that I am accessing 120/80 on an “as is, where is, and as available” basis. 120/80 is not responsible for problems arising from, or inadequacies in the content of 120/80 or any particular features or services offered therein. 120/80 does not represent or warrant the accuracy, adequacy, or completeness of the information, materials, and services on 120/80 or the error-free use of 120/80. 120/80 is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers or providers, computer equipment, software, problems or traffic congestion on the internet, including injury or damage to users and/or members or to any other person’s computer related to or resulting from access to or use of 120/80. 120/80 is providing 120/80 without warranty of any kind, either express or implied, including but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, and freedom from a computer virus. Certain state laws do not allow limitations on implied warranties. If these laws apply to me, some or all of the above disclaimers, exclusions, or limitations may not apply to me, and I might have additional rights.
- Indemnification. I agree to indemnify and hold harmless 120/80 and its subsidiaries, affiliates, officers, employees, agents, partners and licensors, from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, from my violation of this use agreement. I also agree to indemnify and hold harmless 120/80 and its subsidiaries, affiliates, officers, employees, agents, partners and licensors, from and against any and all claims brought by third parties arising out of my use of 120/80 in breach of this agreement or the user content i make available via 120/80 by any means, including without limitation through a posting, a link, reference to user content, or otherwise, unless prohibited by applicable law.
- Limitation of Liability. Except in jurisdictions where such provisions are restricted, I expressly understand and agree that in no event shall 120/80 and its subsidiaries, affiliates, officers, employees, agents, partners and licensors be liable to me or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from my access to or use of 120/80, my inability to use or malfunctions of 120/80, statements or conduct of any third party relating to 120/80. I further expressly understand and agree that in no event shall 120/80 and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors be liable to me for any potentially negative physical reaction to any products sold on the 120/80 website. Any claims of compensatory or punitive damage shall be redirected to the original manufacturer and/or distributor of any products sold on the 120/80 website.
- ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
- Mandatory Binding Individual Arbitration. Except as expressly provided below, 120/80 and I (each a “party” or, together, “us,” “we” or “parties”) agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
- Waiver of Class Actions. We each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
- Waiver of Jury Trial. We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
- Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
- Arbitration Providers. Each party has a choice of initiating arbitration before either the American Arbitration Association (“AAA”) or JAMS, which are both established alternative dispute resolution providers (“ADR Providers”). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.
- Arbitration Rules. The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org or by calling AAA at (800) 778-7879) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com or by calling JAMS at (800) 352-5267) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules conflict with this Arbitration Agreement.
- Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
- Governing Law. This Site has been designed to comply with United States law. 120/80 does not claim or represent that this website is appropriate or legal for locations outside of the United States. If you access this Site from any location outside of the United States, you are responsible for compliance with all relevant local laws. You also acknowledge and agree that your use of the Site shall be governed in all respects by the laws of the State of Illinois in the United States, without regard to choice of law provisions.
- Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
- Headings. The numbering and captions of the various sections are solely for convenience and reference and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.
- Integration. This Agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the parties relating to the subject matter of this Agreement.
- Other. To the extent that any part of the terms and conditions in this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, that part shall be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement shall remain in full force and effect. I agree that 120/80’s failure to exercise or enforce a legal right, remedy or benefit which is contained in the Agreement or any applicable law does not constitute waiver of its right to do so later.
I have read, understand and voluntarily agree to all of the terms and conditions of this use agreement.
Definition of “Personal Information”. “Personal Information” means information that identifies any visitor or could reasonably be used to identify such visitor and which is submitted to and/or collected by the Website and maintained by the Company in an accessible form, and includes information actively submitted by you and passively-collected information, as described below.
Collection of Personal Information Online. E-mail addresses and other Personal Information of visitors, such as a first and last name, home or other physical address or telephone number, are known to the Company only when voluntarily submitted; however, information regarding where the users are located, how long they use the site, which pages they frequent and for how long and so on, are collected and used for tracking, research and marketing campaign purposes.
Use of Personal Information. 120/80 will not use your personal information for any purpose other than to process payments, ensure payments, correspond with you with your consent and for their own search engine optimization purposes. Your personal information will not be shared with any persons not affiliated with 120/80 and will not be sold to any third parties. Personal Information may be shared by the Company with its affiliates and its and their respective franchisees, and with vendors that help access and manage the information (all of the foregoing are hereinafter referred to collectively as “authorized recipients”), but in all instances the information will be used only for the purposes enunciated in this policy. Specifically, this information may be used: (1) to help the Company better understand visitors’ use of the Website; (2) to respond to specific requests from visitors; (3) to provide notices to visitors, such as marketing information, discount coupons and new product offerings; and (4) to protect the security or integrity of the site. In addition, certain Personal Information may be submitted through online forms on the Website necessary to provide services offered by the Website. After you have entered Personal Information into a form or data field on the Website, the Company may use certain identifying technologies to allow that website to “remember” your personal preferences, such as sections of the Website that you use frequently. The Company may also use this Personal Information for other business purposes, such as to offer you the opportunity to receive notices regarding the Company’s products or services, to invite you to participate in surveys about our products, or to notify you about special promotions. In addition, if you are accessing the Website via a third-party site in connection with obtaining discounted access to services offered by the Company or in connection with a third-party program offering rewards, reimbursements, benefits or other incentives based on your use of the Company’s services (a “Third-Party Offer”), the Company may share your Personal Information (including your use of such services) with the applicable third party in accordance with the terms of such Third-Party Offer to facilitate the provision of such discounts, rewards, reimbursements, benefits and/or other incentives.
Consolidation of Personal Information. The Company may consolidate the Personal Information of individuals who use the Website. The Company uses this information to help us better design the Website and our products, to communicate information to you, to enhance our marketing and research activities, and to facilitate other business functions.
Limitations on Collection of Personal Information. You may always limit the amount and type of actively-transmitted Personal Information that the Company receives about you by choosing not to enter any Personal Information into forms or data fields on the Website. However, some online services can only be provided to you if you provide appropriate Personal Information. Other parts of the Website may ask whether you wish to opt out or opt in to contact lists for offers, promotions and additional services that may be of interest to you.
You may also be provided with preference questions or preference boxes allowing you to indicate that you do not want the Website to use tracking technologies, such as cookies, to “remember” your Personal Information, such as user IDs or mailing addresses, on return visits. However, if the Website uses tracking technologies to collect unidentifiable information, it will not generally provide you with the ability to opt out of the tracking technologies. Some internet browsers allow you to limit or disable the use of tracking technologies that collect passively-transmitted information. More detailed information about cookie management or other passive transmissions by specific web browsers can be found at the browser’s respective websites.
Transmission of Personal Information to Third Parties. Unless otherwise disclosed during the collection, this information will not be sold, transferred or otherwise disclosed to anyone other than authorized recipients, except where disclosure is required by law.
To the extent that any of the sites accessible through this site has different practices, those different practices will be applicable at those sites. The Company is not responsible for the practices, policies or content applicable to these third-party sites. Inclusion of a link to another site does not imply endorsement by the Company.
Some of these third-party companies may be participants in the Digital Advertising Alliance (“DAA”). The DAA offers a choice mechanism with respect to certain types of data collection and use. We adhere to the DAA’s Self-Regulatory Principles for Online Behavioral Advertising. Visit www.aboutads.info to exercise choice with respect to participants of the DAA. If you would like to opt-out from having the behavioral-based advertising companies with whom we have a relationship use your Personal Information for advertising purposes you can do so by visiting the Network Advertising Initiative or Digital Advertising Alliance. If you change computers, devices, or browsers, use multiple computers, devices, or browsers, or delete your cookies, you may need to repeat this process for each computer, device, or browser.
Additionally, if the Company sells one of its product lines or divisions, Personal Information may be transferred to the buyer so that the buyer can continue to provide you with information and services. Finally, the Company reserves the right to disclose Personal Information to respond to authorized information requests from government authorities, to address national security situations, or when otherwise required by law, in the Company’s sole discretion.
With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before cookies are stored. Please refer to your browser instructions or help screen to learn more about these functions.
Security of Personal Information. The Company tries to ensure that Personal Information is protected while you are on the Website. However, the confidentiality of Personal Information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution when transmitting Personal Information over the internet, especially Personal Information related to your health. The Company cannot guarantee that unauthorized third parties will not gain access to Personal Information; therefore, when submitting Personal Information to the Website, you must weigh both the benefits and the risks.
Personal Information Related to Children. A Note for Parents or Legal Guardians- Consistent with the Children’s Online Privacy Protection Act, the Company is committed to protecting children’s privacy on the Internet. The Company does not intend to, or knowingly, collect, use, or disclose Personal Information (including online contact information) of children under the age of 18, and we encourage parents or guardians to supervise their children’s online activities and to consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their names, addresses and other personal information without your permission. If the Company becomes aware of a child under the age of 18 attempting to register on the Website, the Company will not accept the registration. Once the Company becomes aware of a child under the age of 18 providing Personal Information, we will attempt to delete that information. If your child has provided Personal Information, please contact us so it can be deleted. If you are under the age of 18, do not provide the Company with any Personal Information.
Acceptance of Privacy Terms and Conditions
Attn: Chief Privacy Officer
Nozari Legal, LLC
701 Main Street, Suite 202
Evanston, IL 60202
In all communications to the Company, please include the e-mail address used for registration (if applicable), the website address or the specific program to which you provided Personal Information and a detailed explanation of your request. If you would like to delete or amend your Personal Information and are contacting us by e-mail, please put “Deletion Request” or “Amendment Request”, as applicable, in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a timely manner.