TERMS OF USE

Last Revised: September 4, 2024

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Tennis Corporation of America, a Delaware corporation, and its affiliates, including but not limited to its affiliated limited liability companies operating fitness clubs and doing business as “Midtown Athletic Clubs”, Windy Hill Athletic Club, and Midtown Le Sporting Club Sanctuaire (collectively, “Midtown Athletic Clubs,” “we,” or “us”), require that all visitors to our website maintained at http://www.midtown.com/ and its subpages, the mobile and touch versions, and any other sites, mobile applications, or other applications we have now or in the future that reference these Terms of Use (collectively, the “Site”) adhere to the following terms and conditions of use. By accessing and using the Site, you agree to be bound by and comply with these Terms of Use (these “Terms”) and to comply with all applicable laws and regulations.

PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 15 BELOW (“ARBITRATION AND DISPUTE RESOLUTION AGREEMENT”), AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR ACCESS TO OR USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

BY ACCESSING OR USING THE SITE, YOU ARE AGREEING TO COMPLY WITH THESE TERMS. If you do not agree to these Terms, you are not authorized to ACCESS OR use the Site AND WE ASK THAT YOU LEAVE THE SITE IMMEDIATELY.

1. Changes

We expressly reserve the right at any time in our sole discretion to make any changes that we deem appropriate to the Site, to these Terms, or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”). We will attempt to notify you of any material changes to these Terms by sending you an email (if you have an Account), posting a notice on the Site, or by other means. Your continued use of the Site indicates your acceptance of any such changes. If you do not agree with any such changes, you must stop using the Site and Content.

2. Age requirements

The Site and Content is not designed for access or use by anyone under the age of 18. By using or attempting to use the Site and Content, you represent that you meet the age requirements and that you are able to enter into legally binding contracts, including these Terms.

3. License to access and use

The Content of the Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download, print and store selected portions of the Content, provided you (i) only use these copies of the Content for your own personal, non-commercial use, (ii) do not copy or post the Content on any network computer or broadcast the Content in any media, and (iii) do not modify or alter the Content in any way, or delete or change any copyright, trademark or other proprietary rights notice on the Site or Content. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading.

We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are solely responsible for complying with applicable local laws.

You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. We reserve complete title and full intellectual property rights in any Content you download from this Site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works of the Content without first obtaining written permission from Midtown Athletic Clubs.

You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.

4. Accounts

To access and use certain areas of the Site, you will need to set up an account (“Account”). To set up an Account, you will be asked to provide information about yourself, including your name, email address, and phone number. You must provide accurate information when setting up an Account and keep all Account information current.

You are responsible for maintaining the confidentiality of the username and password associated with your Account. You are fully responsible for all uses of your password and Account, including any unauthorized use. You agree to: (i) keep your password confidential and not share it with anyone else, and (ii) immediately notify us of any unauthorized use of your password or Account.

You acknowledge and agree that we are authorized to act on instructions received through use of your password and Account, and that we may, but are not obligated to, deny access or block any transaction made through use of your password or Account without prior notice if we believe your password and Account are being used by someone other than you, or for any other reason.

5. Our proprietary rights

All of the Content you see on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Midtown Athletic Clubs, its affiliates or by third parties who have licensed their materials to Midtown Athletic Clubs. All of the Content of the Site is copyrighted as a collective work under U.S. copyright laws, and Midtown Athletic Clubs owns a copyright in the selection, coordination, arrangement and enhancement of the Content. In addition, you agree that you may not, without our express written permission, use any of our trademarks or service marks (including, without limitation, images of the Midtown Athletic Clubs logos) for any purpose. Except for the limited use rights granted to you in these Terms, you agree that you do not have and will not acquire any right, title, or interest in any of our intellectual property or other proprietary rights. Any rights not expressly granted in these Terms are expressly reserved.

6. Privacy Policy

Information that you provide to us or that we collect about you and your Company through your access to and use of the Site is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy.

7. Submissions

We welcome your feedback regarding the Site as well as our clubs. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us shall be and remain the exclusive property of Midtown Athletic Clubs. Your submission of any Comments shall constitute an assignment to Midtown Athletic Clubs of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in and to your Comments. Subject to our Privacy Policy, Midtown Athletic Clubs will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any personal information or any original creative materials such as stories, product ideas, computer code or original artwork.

By sending us any Comments, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in such Comments. You are fully responsible for any Comments you make and for the legality, reliability, appropriateness, and originality thereof.

8. User conduct

In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, you may not do, and may not cause or permit any person to do, any of the following:

use the Site or Content for any unlawful purpose;
use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
circumvent, disable or otherwise interfere with any security-related features of the Site or Content including, without limitation, any features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site or Content;
modify, create derivative works of, decompile, reverse engineer, or disassemble any portion of the Site or Content;
use network-monitoring software to determine the architecture of or extract usage data from the Site;
impose an unreasonably or disproportionately large load on the Site or otherwise engage in any conduct that interferes with the proper working of the Site or restricts or inhibits any other user from using or enjoying the Site or Content;
use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;
use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; or
use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.

You will cooperate with us to investigate any suspected or actual activity that we suspect may be in breach of these Terms.

9. Consent to text messaging

You agree that we have your explicit consent to send you automated text messages (i.e., SMS or MMS to your mobile phone number), including services-related messages regarding your member account and other messages for general member support, feedback, and promotional purposes. You may opt out of receiving automated text messages from us at any time by replying “STOP” to the last text message you received (or by following the instructions set out in the text message). After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to join again, just sign up as you did the first time or send us a message at [email protected].

Message and data rates may apply. Messages are sent from an automated system, and message frequency depends on your use of the services. If you have any questions about your text plan or data plan, please contact your wireless provider. For all other questions about the SMS services, you can send an email to [email protected].

10. Third-party links

The Site and Content may provide links to third-party websites, advertisements, or resources. Because we have no control over such sites, advertisements, or resources, we are not responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such third-party website or resource.

11. Termination of access

We may, in our sole and absolute discretion and without notice or liability to you or to any third party, immediately suspend, limit your access to and/or terminate your access to the Site, Content and/or your Account for any reason, including without limitation: (i) if we believe in our sole discretion that you have violated these Terms or any applicable laws or regulations; (ii) at the request of law enforcement, government agencies or courts; (iii) if you ask us to close your Account; (iv) if we discontinue or materially modify the Site or Content (or any part thereof); (v) if unexpected technical or security issues or problems arise; (vi) if we believe in our sole discretion that your access to or use of the Site, Content or your Account may create risk (including but not limited to legal risk) for us, our affiliates, contractual partners, or users; and/or (vii) following extended periods of inactivity on your Account (for example, six (6) months or longer). Termination of your access to the Site, Content and/or your Account may include in our sole discretion, but is not limited to: (a) removal of access to some or all offerings on the Site; (b) the deletion of some or all of your Account information and/or other content associated with your use of the Site, Content and/or your Account; and/or (c) banning you from using the Site and Content by any available means, including without limitation by blocking your IP address. Any suspension or termination shall not affect your obligations to us under these Terms.

12. Disclaimer

THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT MIDTOWN ATHLETIC CLUBS, ITS AFFILIATES AND THEIR CONTENT-PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT FO THE LAW, MIDTOWN ATHLETIC CLUBS AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) YOUR USE OF THE SITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR SATISFACTION OR ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, ALWAYS AVAILABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY ERRORS OR DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

While we will make every effort to keep content on the Site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on contact information and any other information regarding Midtown Athletic Clubs, its operations, programs, and offers, please contact a Midtown Athletic Clubs facility as provided on this Site.

13. Limitation of Liability

IN NO EVENT WILL MIDTOWN ATHLETIC CLUBS, ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OWNERS, MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, OUR “REPRESENTATIVES”), BE LIABLE TO YOU OR ANY TO THIRD PARTY FOR ANY LOSSES OR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE.

UNDER NO CIRCUMSTANCES WILL MIDTOWN ATHLETIC CLUBS OR OUR REPRESENTATIVES BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF WE WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF MIDTOWN ATHLETIC CLUBS AND THE REPRESENTATIVES WILL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THE TERMS OF THIS SECTION 12(c) SHALL APPLY ONLY TO USERS OF THE SITE WITHIN THE UNITED STATES. WITHOUT LIMITING ANY OF THE FOREGOING, IF MIDTOWN ATHLETIC CLUBS OR ANY OF ITS REPRESENTATIVES IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT EXCEED $100 IN ANY CALENDAR YEAR.

14. Indemnification

You agree to defend, indemnify and hold harmless Midtown Athletic Clubs, its affiliates, and its and their owners, managers, members, officers, directors, employees, representatives, agents, successors, and assigns from and against any and all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (i) any content, data, or information that you submit or transmit through the Site; (ii) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site; (iii) your violation of these Terms; or (iv) your violation of any rights of any third party. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder, at your sole cost and expense. You may not settle or otherwise resolve any such matter without our express written permission.

15. Release

YOU HEREBY RELEASE MIDTOWN ATHLETIC CLUBS AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND/OR CONTENT. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE § 1542 WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

16. Arbitration and dispute resolution agreement

PLEASE READ THIS SECTION 15 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Site (collectively, “Disputes”) will be resolved exclusively by final, binding arbitration between you and Midtown Athletic Clubs, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, or other intellectual property rights, or where a party’s conduct may cause the other irreparable injury. The provisions of this Section 15 constitute the parties’ written agreement to arbitrate Disputes under the Federal Arbitration Act.

The arbitration shall be administered by the American Arbitration Association (“AAA”) and shall be heard by a single arbitrator, pursuant to AAA’s rules and bylaws then in effect (the “AAA Rules”), except as modified by this Section 15.

To begin an arbitration proceeding, a party must submit the Dispute by making a demand for arbitration, as detailed at https://adr.org/, and simultaneously send a copy of the completed demand to the other party. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. The arbitration will be conducted based upon written submissions, unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines that an in-person hearing is necessary, the hearing will proceed in Chicago, Illinois, unless the arbitrator determines or Midtown Athletic Clubs agrees that the matter should proceed in the jurisdiction where you reside.

The arbitrator will apply and be bound by these Terms, apply applicable law and the facts, and issue a reasoned award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. You and Midtown Athletic Clubs also agree that the arbitrator may not award multiple or punitive damages. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

EACH PARTY AGREES THAT IT SHALL BRING ANY DISPUTE AGAINST THE OTHER PARTY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR AS AN ASSOCIATION. IN ADDITION, EACH PARTY AGREES THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.

17. GOVERNING LAW; WAIVER OF JURY TRIAL

These Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Illinois. If for any reason a Dispute proceeds in court, you and Midtown Athletic Clubs: (a) agree that any such Dispute may only be instituted in a state or federal court located in Cook County, Illinois and waive any defenses or objections based on the jurisdiction, venue, or convenience of this exclusive venue; (b) irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (c) HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

18. Miscellaneous

These Terms and the Privacy Policy (as each may be revised and amended from time to time) collectively constitute the entire agreement with respect to your access to and use of the Site and the Content.

Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding disclaimers, limitations of liability, indemnification, and release) will continue in effect beyond any such termination of access to this Site.

These Terms do not confer any rights, remedies, or benefits upon any person other than you.

We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.

Your discontinuation of use of the Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site, Content or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. Other agreements

If you have entered into a separate written agreement with Midtown Athletic Clubs or its affiliates with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.

20. End user terms required by Apple

For users of our mobile application (the “App”), you acknowledge and agree that: (a) these Terms are concluded between you and Midtown Athletic Clubs, and not Apple, Inc. (“Apple”); (b) Midtown Athletic Clubs and its licensors, and not Apple, are solely responsible for the App and the content therein; (c) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the App; (d) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the App, if applicable; (e) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App; (f) Apple is not responsible for any claims, losses, liabilities, damages, costs, or expenses (“Claims”) that you may have arising out of your use of the App, and you agree to contact Midtown Athletic Clubs regarding any such Claims; (g) Apple will have no responsibility whatsoever for the investigation, defense, settlement, or discharge of any third-party claim that the App infringes such third party’s intellectual property rights; and (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) as a third-party beneficiary to enforce these Terms against you. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties

21. Questions

Please contact us with any questions regarding the Site or these Terms at:

Midtown Athletic Clubs

3611 N. Kedzie Avenue

Chicago IL 60618

Email: [email protected]