The Studios at Montecito Heights Terms & Conditions
Effective April 1, 2012
THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
MONTECITO HEIGHTS HEALTH CLUB MEMBERS : PURCHASING THE "MEMBER" PRICE STATES THAT YOU ARE AN ACTIVE MEMBER OF THE CLUB IN GOOD STANDING AND THOSE WHO ARE NOT MAY NOT USE THIS PRICE WITHOUT WRITTEN PERMISSION FROM STUDIOS OFFICIALS.
The Studios at Montecito Heights (“The Studios”) website allows users to receive information about The Studios (including e-mail newsletters), interact with other members or visitors to the The Studios website, and book, cancel and pay for services offered at The Studios facilities. The services ("The Studios Services") offered by The Studios include but are not limited to the www.montecitoheightsstudios.com website, which is hosted in the United States.
These terms and conditions ("Terms of Service") set forth the legally binding terms for your use of the The Studios Services. By using the The Studios Services, you agree to be bound by these Terms of Service, whether you are a "Visitor" (which means that you simply browse the The Studios website) or you are a "Member" (which means that you have registered with The Studios and/or purchased one or more The Studios Services). The term "User" refers to a Visitor or a Member. You are only authorized to use the The Studios Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the The Studios website and discontinue use of the The Studios Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version, which will always be posted at www.montecitoheightsstudios.com/terms. The Studios may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
The Studios Website
These Terms of Service apply to all Users of The Studios website. The Studios website may contain links to third party websites that are not owned or controlled by The Studios. The Studios has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, including privacy and data gathering practices. In addition, The Studios will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve and release The Studios from any and all liability arising from your use of any third party website.
The Studios Accounts
In order to access some features of the website, you will have to create a The Studios account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Studios immediately of any breach of security or unauthorized use of your account.
Although The Studios will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Studios or others due to such unauthorized use.
These Terms of Service shall remain in full force and effect while you use the The Studios Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the "My Account" page. The Studios may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that The Studios charges fees for its services, and The Studios reserves the right to change its fees from time to time in its discretion. If The Studios terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify The Studios immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
General Use of the Website — Permissions and Restrictions
The Studios hereby grants you permission to access and use the website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the website, without The Studios’ prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies.
You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
The Studios reserves the right to discontinue any aspect of The Studios website at any time.
Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the The Studios website.
The content on The Studios website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to The Studios, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Studios reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about The Studios website or The Studios Services, provided by you to Company are non-confidential and shall become the sole property of The Studios.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of The Studios website or features that prevent or restrict use or copying of any Content or enforce limitations on use of The Studios website or the Content therein.
The Studios’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of The Studios.
The Studios Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase The Studios Services via your mobile phone, (ii) the ability to receive and reply to The Studios messages, (iii) the ability to browse The Studios from your mobile phone and (iv) the ability to access certain The Studios features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding The Studios and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Account Termination Policy
YOU AGREE THAT YOUR USE OF THE STUDIOS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE STUDIOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE STUDIOS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE STUDIOS SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STUDIOS WEBSITE. THE STUDIOS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY