Terms And Conditions
Welcome to the Silver&Fit® program website (the “Silver&Fit Website” or “Website”), which is owned and operated by American Specialty Health Incorporated, a Delaware corporation with a mailing address of 10221 Wateridge Circle, San Diego, CA 92121, on behalf of itself and its subsidiaries (collectively “ASH” or “We”). The Silver&Fit program (the “Silver&Fit Program” or “Program”) is a fitness and healthy aging education program designed for older adults and is provided by American Specialty Health Fitness, Inc., (hereinafter “ASH Fitness") a subsidiary of American Specialty Health Incorporated.
READ CAREFULLY. The following terms and conditions (collectively, these “Terms” or “User Agreement”), together with the Silver&Fit Privacy Statement, constitute a legally binding agreement between you and ASH that governs your use of the Silver&Fit Website, including its contents and elements (text, graphics, artworks, logos, trademarks, service marks, designs, photos, images, videos, audios, listings, directories, printable or downloadable materials, programming/HTML code, page layouts, “look and feel” and user interface designs, embedded software tools and applications, etc.), and any other websites or applications and digital features related to the Website. By using the Website, you accept and agree to be bound by the following Terms and the Website Privacy Statement applicable to your use of the Website. Please note, the Website may contain links to third-party websites and online services that are not owned or controlled by ASH. ASH has no control over, and assumes no responsibility for, such websites and online services, and any terms and conditions provided by or on those third-party websites or applications control any use of those websites or applications.
Information Privacy. Your privacy is important to us. To learn more about how ASH protects your personally identifiable information collected through the Silver&Fit Website, please refer to our Privacy Statement.
NOTE TO INTERNATIONAL USERS: The Silver&Fit Website is intended for U.S. residents only. If you are outside of the United States and access the Website or submit your personal information to us, please be advised that U.S. law may not offer the same privacy protections as the law of your jurisdiction. By using the Website or submitting your personal information to us, you consent to the transfer to and processing of your personal information in the United States.
IMPORTANT WARNINGS AND DISCLAIMERS:
THE SILVER&FIT WEBSITE IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. IF YOU BELIEVE YOUR SYMPTOM OR SITUATION IS LIFE-THREATENING, CALL 911 OR YOUR EMERGENCY MEDICAL SYSTEM IMMEDIATELY.
THIS USER AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.
Physical exercise may result in injury, and not all exercises are safe or suitable for everyone. PLEASE ALWAYS CONSULT YOUR DOCTOR BEFORE BEGINNING ANY EXERCISE OR FITNESS PROGRAM, especially if you have any chronic or recurring condition, and/or if you are pregnant, nursing, or elderly. ASH, its content providers and its suppliers are NOT responsible or liable for any injury or illness you suffer from physical exercise. By engaging in an exercise or fitness program, you assume all risks of injury and illness.
ALWAYS warm up before beginning any workout.
NEVER exercise beyond the level at which you feel comfortable.
PLEASE STOP EXERCISING IMMEDIATELY if you experience pain, soreness, fatigue, shortness of breath, dizziness, lightheadedness, blurred vision, headache, nausea, sickness, illness, dehydration, excessive sweating, or any other discomfort. If any of these symptoms persists after you stop exercising, please seek medical help immediately.
The Website is for general informational purposes only. ASH makes NO representation or warranty, whether express or implied, with respect to the Website. ASH does NOT endorse and is NOT responsible for any participant-posted view, opinion, advice, statement or comment on the Website. NOTHING YOU SEE OR READ OR OBTAIN FROM THE WEBSITE IS INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS OR TREATMENT. This also applies to any interactive tools that may be made available through the Website, such as the Fitness Center Search feature. Such interactive tools are in no way intended as, nor are a substitute for, qualified, expert medical diagnosis, advice, counseling, or treatment. If you have a health condition or illness, or you require a medical opinion, you should consult with a licensed health professional in your area for proper examination, diagnosis, and treatment. Information you submit to ASH when using such interactive tools is retained by ASH and will be used by ASH for operating the interactive tools including providing you with information that you have requested or that may be of interest to you, and for other purposes described in our Privacy Statement or as otherwise authorized by you. Products and services available on the Website are not insurance. THIS WEBSITE HAS NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.
ASH IS NOT A MEDICAL PROVIDER AND NEITHER ITS STAFF, INCLUDING, BUT NOT LIMITED TO, COACHES, NOR THE WEBSITE AND SERVICES CAN GIVE MEDICAL ADVICE NOR CAN THEY PROVIDE ANY INFORMATION CONCERNING THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL OR HEALTH CONDITION. THE INFORMATION ON THE SILVER&FIT WEBSITE IS OF A GENERAL NATURE AND IS INTENDED ONLY FOR EDUCATIONAL PURPOSES AND SHOULD NOT BE RELIED ON AS MEDICAL ADVICE. THE INFORMATION ON THE SILVER&FIT WEBSITE SHOULD NOT BE USED AS A SUBSTITUTE FOR THE DIAGNOSIS OR TREATMENT OF OR CONSULTATION CONCERNING ANY MEDICAL OR HEALTH CONDITION BY QUALIFIED HEALTH CARE PROFESSIONALS.
ASH may continue to add, modify and delete existing features of the Website without the need to update these Terms. ASH shall not be liable to you for any modification, suspension or discontinuance of any feature or component of the Website. The Website and the information on the Website are subject to change without notice and cannot be guaranteed to be current.
The information contained herein has been devised generally and could be affected by certain cultural, social, dietary, or language differences.
Personal Health Improvement Program Disclaimer: It is expressly noted that some personal health improvement programs are not appropriate for individuals who have certain medical or other health conditions. YOU ARE STRICTLY RESPONSIBLE FOR SEEKING MEDICAL ADVICE FROM A PHYSICIAN PRIOR TO PARTICIPATING IN ANY PERSONAL HEALTH IMPROVEMENT PROGRAM DISCUSSED, MENTIONED OR PROVIDED ON THE SILVER&FIT WEBSITE. You hereby agree and understand that you may not be aware of a medical condition from which you suffer, and therefore you should not participate in the personal health improvement programs presented on the Website prior to seeking the advice of a physician.
General Information Disclaimer: The Silver&Fit Website does not make any warranty, express or implied, or assume any legal liability or responsibility for the completeness or usefulness, or the accuracy or quality of any information presented on the Silver&Fit Website. The information on the Silver&Fit Website is subject to change without notice and cannot be guaranteed to be current.
Use of the Silver&Fit Website.
The following rules apply to your use of the Silver&Fit Website:
- You must be at least thirteen (13) years of age, and you must meet any other requirements of Program eligibility to use the Silver&Fit website.
- You must have a primary residence located within the United States.
- You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. You also agree that we may send you notice through the Website or your Silver&Fit account.
- Health information or products were not intended for you if you are under the age of 18. Please refer to your personal healthcare provider or parent/guardian for assistance.
Accessing Your Account: If you access and use the Silver&Fit Website on your smartphone, tablet or other mobile device, you are responsible for all charges (including data and messaging charges) relating to use of the Website through your mobile device. We do not guarantee that the Website or any of the related Program features are compatible with any particular operating system, browser, mobile device or other software or equipment.
Ownership: The Website, and all rights, title and interest therein and thereto (including, without limitation, all copyrights, moral rights, trademark rights, trade dress rights, trade secret rights, patent rights, and all other intellectual property or proprietary rights), are the property of ASH and/or its licensors/suppliers/third parties and are protected by U.S. and foreign intellectual property and other laws. Any unauthorized use or exploitation of the Website is strictly prohibited and may result in civil and/or criminal penalties. ASH and its licensors/suppliers reserve all rights not expressly granted herein. There are no implied rights or licenses granted to you under these Terms.
The term “Silver&Fit,” the associated logo, and other Silver&Fit trademarks are federally registered and unregistered service marks of ASH. You shall not display, disparage, dilute, or taint our marks or use any confusingly similar marks or use our marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of our marks by you shall inure to our benefit. Content of the Website is copyrighted Copyright © 2004 - 2023, American Specialty Health Incorporated or its licensors. All rights reserved.
Third-party trademarks and service marks appearing on the Website are the property of their respective owners.
ASH’s Limited License to You: Subject to your compliance with these Terms and all applicable laws, ASH hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access the Website solely for your own personal and lawful use within the United States. The foregoing license permits you to print and download (if enabled by the Website) certain Program materials from the Website for your own personal and non-commercial use only, provided that: (i) you do not transmit, reproduce, distribute, or provide such materials to others; and (ii) you retain all copyright and other proprietary rights and legal Notices contained in such materials. Any other use of such materials for public or commercial purposes, including any copying, reproduction, modification, sale, distribution, transmission, republication, display, posting, performance, or other exploitation thereof by any means or medium is strictly prohibited. You acknowledge and agree that the above license is immediately revocable and terminable by ASH, if ASH determines, in its sole judgement, that you are in violation of these Terms or any applicable law.
Participant Account: By registering a Program participant account on the Website, you represent and warrant that all account information you submit to ASH is your own information and is truthful and accurate. Account access is username- and password-protected, and you are responsible for keeping your account login safe and secure. You may change your account password at any time by logging into your account on the Website, going to the top right menu and clicking on “Password & Security”, and following on-screen instructions. You may NOT transfer or share your account login to or with any other person without the express prior written consent of ASH. Unauthorized transfer or sharing of one’s account login may result in immediate account suspension or termination by ASH. It is your responsibility to notify ASH of any change in your account information, including your email address. You should notify ASH immediately in the event your account login has been stolen, lost, or used by another without your permission.
You acknowledge and agree that ASH may immediately suspend or terminate your account and deactivate your account login, if: (i) ASH has any reason to believe that you have misrepresented or provided false information to ASH; or (ii) ASH determines, in its sole judgement, that you are in violation of these Terms or any applicable law or that your use of the Website may expose ASH to liability of any kind, or may adversely affect the reputation or goodwill of ASH or the Program.
Prohibited Uses. Any unauthorized or unlawful use of the Website is strictly prohibited. Specifically, you may NOT:
- use the Website for any unlawful purpose, including, without limitation: operating any scam or fraudulent scheme (such as a pyramid or Ponzi scheme); impersonating another, or making unauthorized use of another’s information; disseminating junk email, spam, or other unsolicited and unwanted messages or communications; or collecting personal information from or about others (including click farm customers) without their knowledge or consent, including through “phishing” or under any other false pretense;
- use the Website to upload, store, post, display, transmit, publish or distribute any material that: (i) is unlawful; threatening; harassing; abusive; hateful; discriminatory; derogatory; obscene; vulgar; pornographic; excessively violent; false, deceptive or misleading; defamatory or libelous; or otherwise offensive; (ii) promotes, solicits or aids crimes or illegal activities; (iii) promotes or solicits violence; (iv) promotes or solicits gambling, public intoxication, underage drinking, or drug abuse; (v) promotes or solicits animal cruelty; (vi) contains, promotes, or links to fake offers, scams, or other fraudulent schemes (such as pyramid schemes and Ponzi schemes); (vii) contains, promotes, or links to viruses, worms, Trojan horses, spyware, malware, ransomware, or other malicious, harmful or disruptive code or material that is designed to damage, interfere with, intercept, lock out, or expropriate any software, hardware, information or data; or (viii) violates or misappropriates another’s copyright, trademark, trade secret, patent, right of publicity, right of privacy, contractual right, or other property or proprietary right of any kind (including, without limitation: using another’s name, likeness, photo, or other identity without consent);
- make copies of (except as permitted herein), modify, alter, translate, or otherwise create derivative works from, or transmit, publish, sell, transfer, license, or otherwise distribute (other than as expressly permitted by applicable law), the Website;
- use the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of developing any product or service to compete against ASH or the Program;
- interfere in any way with the operation of the Website, or any server, network or system associated therewith, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Website, or any server, network or system associated therewith; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
- use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, or automated agents or scripts) to access the Website, or to register multiple accounts on the Website, or to generate automated searches, requests, or queries to the Website, or to strip, scrape, extract, or mine data or information from the Website (except, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file);
- remove, erase, conceal, alter, or otherwise tamper with ASH or third-party intellectual property, attribution, or other proprietary rights or legal notices included in the Website;
- link to, frame, or otherwise create a browser or border environment around, the Website, without the express prior written consent of ASH;
- use any trademark or service mark of ASH: (i) for advertising, promotional, marketing, sale, or any other commercial or for-profit purposes (unless with the express prior written consent of ASH); (ii) in any way that falsely suggests or implies an association or affiliation with, or endorsement, sponsorship or approval by, ASH or the Program or the Website; or (iii) in any way that defames or disparages ASH or the Program or the Website; or otherwise use the Website in a way that violates these Terms or any applicable law.
1.1 Enrolling in the Silver&Fit Program through the Silver&Fit Website.
As an eligible Silver&Fit member, you have the option to enroll on-line into a fitness center and/or participate in the Home Fitness Program through the Silver&Fit Website. You can enroll and participate once you create a website account, or log in. To register an account, you are required to provide a valid email address. You may have access to a choice of optional fitness centers that require additional monthly fees beyond any applicable annual program fee. This feature is referred to as “Optional Premium Fitness Center Choice.” Please refer to the website post login, or to your plan sponsor’s program materials to determine if you are eligible for this feature.
2. Program Fees
The Silver&Fit program made available through your plan sponsor may require you to pay an annual program fee. If your plan sponsor requires you to pay an annual program fee, or if you elect an additional fitness center option and need to make the requisite monthly payment, you can make the payment on-line or when calling to enroll. Your program may also include additional fitness center options requiring monthly fees should you choose to access one of those Optional Premium Fitness Centers. You will see these options once you log into the website. You may also refer to the program materials supplied by your plan sponsor to determine whether an annual program fee applies to you or whether you have access to the expanded fitness center options.
2.1 Annual Program Fees:
If your Silver&Fit program requires you to pay an annual program fee, you are only required to pay the fee once per benefit year. Additionally, if your program includes a Home Fitness Kit, a separate, non-refundable fee may also be required to receive a code to redeem a Home Fitness Kit. You are only required to pay the Home Fitness Kit annual program fee once per benefit year. The payment must be made at the time you enroll in the program and/or choose your kit. You must pay by credit card/debit card (see section 2.2). Once you make your payment, your enrollment is effective immediately; you can take your Silver&Fit card straight to the fitness center. If the charge of the annual program fee to your credit card is declined for any reason during your enrollment process, you will not be enrolled into the Program. If you disenroll in the Silver&Fit program during the benefit year, your annual program fee will not be prorated or refunded to you.
2.2 Credit Card Required:
Payment of fees related to the Silver&Fit program must be made using a valid American Express, Visa, MasterCard, or Discover credit/debit card. You must be the named accountholder, or you must be authorized to use the card with the consent of the accountholder. You will be required to provide valid credit card information to ASH at the time of enrollment so that applicable fees can be charged for your enrollment (see Sections 2.1, 2.3, and 2.4 for applicable fee terms). Providing incomplete or incorrect credit card information may result in delay or decline of your enrollment.
For information regarding how we keep your payment information secure, please see our Privacy Statement.
2.3 Monthly Fees for Optional Premium Fitness Center Choice:
When selecting a fitness center under the Optional Premium Fitness Center Choice, you agree to pay the recurring monthly fee (the “Monthly Fee”) for that fitness center in addition to any applicable annual program fee for the Silver&Fit program. Once you have logged in to the Silver&Fit website, you can find the Monthly Fee listed within the Fitness Center search. Note: Some of these fitness centers may require additional fees not included in the Monthly Fee.
Each recurring Monthly Fee is applied as prepayment for the following month. Except as expressly otherwise required by law, payments for the Monthly Fees are NON-REFUNDABLE. ASH Fitness reserves the right to change the fees associated with the Optional Premium Fitness Center Choice feature. If the recurring monthly fees change, ASH will provide you with no less than thirty (30) days’ notice prior to the effective date of the change. Such price changes are applied only to future Monthly Fees and do not impact payments already made. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions in the PARTICIPANT CANCELLATION section of these Terms below. If you do not timely cancel your subscription in accordance with these instructions, your subscription will be renewed at the new price, without any additional action by you, and you authorize us to charge your payment method for these amounts.
Your subscription(s) to an Optional Premium Fitness Center will automatically terminate at the end of your program benefit year, and you will need to re-subscribe in your new benefit year if you would like to continue using the Optional Premium Fitness Center.
2.3.1 Additional Conditions Regarding the Optional Premium Fitness Center Feature:
When choosing to participate in the Optional Premium Fitness Center feature:
- YOU AGREE to be bound by these Terms and the Privacy Statement.
- YOU AGREE to pay, and you authorize your credit card to be immediately charged, the annual program fee (if applicable) and the current and next months’ Monthly Fees (as specified in Sections 2.1, 2.2 and 2.3 above) at the time of enrollment.
- YOU AGREE that your credit card will continue to be charged the Monthly Fee in advance for each additional month you continue to participate in the Optional Premium Fitness Center feature, unless and until your participation is canceled in accordance with these Terms.
- YOU AGREE that the information you submit and that we collect about you as part of the Program and through the Website may be shared with third parties in accordance with our Privacy Statement.
2.4 Declined Payment:
Annual Program Fee
If the charge of the applicable enrollment-related fee(s) outlined in Sections 2.1, 2.2 and 2.3 above to your credit card is declined for any reason during your enrollment process, you will not be enrolled into the fitness center you selected.
Optional Premium Fitness Center Enrollment Fees
If the charge of the applicable enrollment-related fees outlined in Sections 2.2 and 2.3 above to your credit card is declined for any reason during your enrollment process, you will not be enrolled into the Optional Premium Fitness Center feature. If your initial enrollment was successful but a later charge to your credit card (e.g. the subsequent Monthly Fee) is declined for any reason thereafter, ASH will continue to attempt to charge your card for up to two weeks. You will be notified via email to the email address on file if your credit card is declined for any reason. If ASH’s attempts to charge your card remain unsuccessful, ASH will: (i) not complete your Optional Premium Fitness Center enrollment; or (ii) terminate your participation in the Optional Premium Fitness Center feature. In the event ASH terminates your participation in the Optional Premium Fitness Center feature due to a declined payment that occurs after enrollment, your enrollment in the Program will continue, only the Optional Premium Fitness Center feature will be terminated. Should you wish to re-enroll in the Optional Premium Fitness Center feature during the same benefit period, you will be required to pay the fees for the current and second month.
You may cancel your participation in the Optional Premium Fitness Center feature at any time by calling ASH Customer Service at 1-877-427-4788, or 711 (TTY/TDD) during the hours of 5:00 AM and 6:00 PM (Pacific Time), Monday through Friday (excluding ASH holidays), or by logging into your account on the Website and submitting your cancellation request online. NOTE: You must notify ASH to cancel at least thirty (30) days prior to your next scheduled Monthly Fee payment due date to avoid any further credit card charge.
3. Finding a Fitness Center
The fitness centers listed on the Silver&Fit Website are independent contractors and are not employees or agents of ASH. ASH does not exercise any control or direction over the manner or method by which fitness centers listed on the Silver&Fit Website provide services to you. The fitness center directory on the Silver&Fit Website is for informational purposes only and is not intended to be an endorsement or recommendation of any instructor, fitness club or exercise center.
4. Third-Party Sites/Products/Services
5. Interactive Tools
Any interactive tools, including but not limited to Silver&Fit Connected! and the Well-Being Club (“Interactive Tools” or “Tools”), provided on the Silver&Fit Website are designed to provide general educational information only, and are not intended to provide medical advice of any kind. You agree that the information you enter for all Tools is true and correct, and that if any information changes, you will correct it. Information you enter into Tools, or authorize to be shared with ASH, is retained by ASH, but is not utilized by ASH other than for interacting with you in delivering the services of the Silver&Fit Website, and for other purposes described in the Silver&Fit Website Privacy Statement or as otherwise authorized by you. Use of these Tools and any interactions with ASH staff affiliated with the Silver&Fit Website concerning these interactive tools or any services purchased over the Silver&Fit Website are for health education and information purposes only. Use of the Tools and any services provided to you do not constitute medical or other health care advice and are not intended to replace the diagnosis, treatment, and advice of your physician and other health care professionals.
5.1 Silver&Fit Connected! Tool
To use the Connected! tool you must provide your own wearable fitness device or app that is compatible with the Silver&Fit Website. Full use of the Silver&Fit Connected! tool requires a compatible wearable fitness device or app, internet access, and certain software (which may require periodic updates). The performance of the wearable fitness device or app may be affected by these factors. ASH will not purchase a device for you, nor will it reimburse you for the cost or replacement of a wearable fitness device. Your use of the Silver&Fit Connected! tool serves as your consent for ASH to receive information about your tracked activity and to use that data to process and administer available rewards to you, if any, under the Program. For information regarding ASH’s other uses of your personal information, please see the Privacy Statement.
If your Silver&Fit membership includes Rewards, you may keep track of your points online and have the opportunity to redeem them for reward items such as hats and pins through the Silver&Fit Website. You must opt in to earn and receive rewards. Any activity completed before your opt-in date will not count toward earning a reward. Upon completion of the required tracked steps, tracked duration of activity, or use of digital workouts, you may earn Rewards points. As agreed between your health plan and ASH concerning the Silver&Fit program, you will be notified of your eligibility to redeem a reward via email. ASH will arrange for your reward to be issued to you within thirty (30) days of meeting the rewards points threshold. You must redeem your reward within thirty (30) days of the end of your benefit year. If your enrollment in the Silver&Fit program or the agreement between your health plan and ASH concerning the Silver&Fit program is terminated prior to the end of the benefit year, you will have thirty (30) days from the termination date to redeem your reward, depending on the terms stated in the agreement. If you do not redeem your reward within the specified time period, you will automatically receive a predetermined reward via mail depending on the terms stated in the agreement between your health plan and ASH concerning the Silver&Fit program.
Once you select a reward and that reward has shipped, you cannot change your reward selection. ASH will not substitute or swap out rewards that you have already chosen. ASH will not be responsible for lost or stolen rewards. Rewards are subject to change.
5.3 Social Groups
When logged into Silverandfit.com you have access to a directory of social groups. The page is a listing of social groups and is a resource for Silver&Fit members to use. ASH Fitness has no affiliations, interest, endorsements, or sponsorships with any of the organizations or clubs referenced in the resource. When you click on the links provided you will be redirected to a third-party website, with no affiliation to ASH. Separate terms and conditions will apply. ASH Fitness and its affiliates, officers, directors, employees and agents do not exercise any direction or control over social activities, your participation in the social activities, the events that will occur during the social activities, or the venue where the social activities will occur. Participation in social groups is at your own risk. ASH Fitness will not be responsible to you or to any third parties for any direct or indirect, consequential, special, or punitive damages or losses incurred in connection with participation in a social activity, regardless of the type of claim or the nature of the cause of action, even if ASH Fitness has been advised of the possibility of such damage or loss. See also Section 4 Third-Party Sites/Products/Services.
5.4 Virtual Events
When logged into Silverandfit.com you have access to a directory of virtual events. The page is a listing of virtual events and is a resource for Silver&Fit members to use. ASH Fitness has no affiliations, interest, endorsements, or sponsorships with any of the organizations or clubs referenced in the resource. When you click on the links provided you will be redirected to a third-party website, with no affiliation to ASH. Separate terms and conditions will apply. Participation in virtual events is entirely voluntary and at your own risk. ASH Fitness will not be responsible to you or to any third parties for any direct or indirect, consequential, special, or punitive damages or losses incurred in connection with participation in a virtual event, regardless of the type of claim or the nature of the cause of action, even if ASH Fitness has been advised of the possibility of such damage or loss. See also Section 4 Third-Party Sites/Products/Services.
5.5 ASHSync Mobile App
If a member is using an Apple Watch to track their activity, they must create a username and password through this website to log into the ASHSync mobile app. For password reset information, see above. A separate End User Licensing Agreement will govern the use of the ASHSync mobile app.
6. Disclaimer of Warranties; Limitation of Liability
BY USING THE PROGRAM AND/OR THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE AS FOLLOWS:
(i) THE PROGRAM, THE WEBSITE, AND ANY AND ALL INFORMATION, PRODUCTS, SERVICES, AND OTHER MATERIALS AVAILABLE THROUGH THE PROGRAM AND/OR THE WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASH AND ITS LICENSORS/CONTENT PROVIDERS/SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, THE WEBSITE, AND ANY AND ALL INFORMATION, PRODUCTS, SERVICES, AND OTHER MATERIALS AVAILABLE THROUGH THE PROGRAM AND/OR THE WEBSITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND NON-INFRINGEMENT, WARRANTIES AGAINST COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASH AND ITS LICENSORS/CONTENT PROVIDERS/SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY THAT THE PROGRAM, THE WEBSITE, OR ANY INFORMATION, PRODUCT, SERVICE, OR OTHER MATERIAL AVAILABLE THROUGH THE PROGRAM OR THE WEBSITE, WILL BE ERROR-FREE, COMPLETE, ACCURATE, USEFUL, OR SECURE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED. PRICE AND AVAILABILITY INFORMATION PERTAINING TO ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE PROGRAM OR THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
(ii) YOUR USE OF THE PROGRAM, THE WEBSITE, AND/OR ANY INFORMATION, PRODUCT, SERVICE, OR OTHER MATERIAL OBTAINED FROM THE PROGRAM OR THE WEBSITE, IS ENTIRELY AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE PROGRAM OR THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PROGRAM AND WEBSITE.
(iii) EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ASH OR ANY OF ITS LICENSORS/CONTENT PROVIDERS/SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE PROGRAM, THE WEBSITE, OR ANY INFORMATION, PRODUCT, SERVICE, OR OTHER MATERIAL OBTAINED FROM THE PROGRAM OR THE WEBSITE, EVEN IF ASH AND RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
(iv) BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, DAMAGES OR LIABILITIES, SOME OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. ACCORDINGLY, NOTHING IN THIS SECTION 6 AFFECTS ANY WARRANTIES, DAMAGES OR LIABILITIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Participant-Submitted Materials
The Website may permit you to submit, enter and upload information (whether by electronic mail or other means), including but not limited to questions, comments, testimonials, or suggestions (collectively, "User Submissions”). With regard to your User Submissions, you agree: Your User Submissions will be governed by the Website Privacy Statement.
You are entirely responsible for all of your User Submissions. You represent and warrant that you have the necessary rights to provide your User Submissions to us and that your User Submissions:
(1) is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy or confidentiality. No contractual, fiduciary or confidential relationship of any kind (whether express or implied) is created between you and ASH by reason of your submission. Your submission is not returnable and may be retained indefinitely by ASH and its successors and assigns; (2) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; (3) will not violate any law, statute, ordinance or regulation; (4) will not violate any third party's rights of publicity or privacy; (5) will not be defamatory, unlawfully threatening or harassing, harmful, to minors in any way, or otherwise offensive or inappropriate; (6) will not be obscene or contain child pornography; (7) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (8) Except as expressly otherwise provided in this User Agreement or the Privacy Statement, any other communication(s) or material(s) you transmit to the Website by electronic mail or other medium, including any questions, comments, or suggestions, is and will be treated as non-confidential and non-proprietary information and may be used by ASH, ASH’s outside vendors, or its affiliates or related entities for any purpose, including but not limited to, reproductions, disclosure, transmission, publication, broadcast, and postings. Furthermore, ASH, ASH’s outside vendors and its affiliates and related entities are free to use any information, ideas, concepts, inventions, or techniques contained in any communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services. If you wish to keep any information, ideas, concepts, inventions or techniques private or proprietary, do not submit them to the Website.
By providing User Submissions, you grant ASH a perpetual, irrevocable, non-exclusive, transferable, sub licensable, worldwide, royalty-free, fully paid up right and license to access, use, create derivative works of, display, perform, distribute and otherwise exploit your User Submissions for any purpose, subject to any restrictions under applicable law, and subject to our Privacy Statement. If you wish to keep any information, ideas, concepts, inventions or techniques private or proprietary, do not submit them to the Program or Website.
8. Participant Indemnification and Release
Participant Indemnification: By using any and/or all of the Program and/or the Website, you agree to indemnify and hold harmless ASH and its licensors/content providers/suppliers, ASH’s successors, assigns and licensees, as well as their respective officers, directors, employees, agents and representatives (collectively, “ASH and Related Parties”), from and against any and all claims, actions, causes of action, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (i) your violation of these Terms or any applicable law; (ii) your use of any fitness location through the Program, including any of your activities at such fitness location; (iii) any injury (including death), damage or loss incurred by you, or caused to any third party by you, in connection with or in the course of your participation in the Program; (iv) your use of any information, product, service, or other material obtained from the Program or the Website, including your use of any Third-Party Site/Product/Service (see Section 4 of these Terms); and/or (v) any material submitted by you (see Section 7 of these Terms).
Participant Release: By using any and/or all of the Program and/or the Website, you also hereby release and forever discharge (to the fullest extent permitted by applicable law) ASH and Related Parties from any and all claims, actions, causes of action, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (i) the Program; (ii) the Website; (iii) any information, product, service, or other material available through the Program or the Website, including any Third-Party Site/Product/Service (see Section 4 of these Terms); and/or (iv) your use of (or inability to use), or your reliance upon, the Program, the Website, or any information, product, service, or other material obtained from the Program or the Website, including any Third-Party Site/Product/Service (see Section 4 of these Terms).
IF YOU ARE A CALIFORNIA RESIDENT, YOU FURTHER HEREBY WAIVE ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING RELEASE – CALIFORNIA CIVIL CODE SECTION 1542 PROVIDES:
GENERAL RELEASE: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEWHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
9. Use Website At Own Risk
BY USING THE WEBSITE OR ANY INFORMATION, PRODUCT, SERVICE, OR OTHER MATERIAL OBTAINED FROM THE WEBSITE, YOU ASSUME ANY AND ALL RISKS OF DAMAGE TO YOUR COMPUTER AND/OR MOBILE DEVICE AND LOSS OR CORRUPTION OF DATA RESULTING FROM SUCH USE. ASH IS NOT RESPONSIBLE FOR ANY TERMINATION OF YOUR CONNECTION TO THE WEBSITE, EVEN IF SUCH TERMINATION OF CONNECTION AFFECTS YOUR USE OF THE WEBSITE.
10.1 Waiver of Right to Pursue Class Action Claims
Unless prohibited by law, you agree to only resolve disputes with us on an individual basis and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity. YOU AND ASH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
10.2 Waiver of the Right to Seek Public Injunctive Relief
You agree to waive any right to seek public injunctive relief. If this provision is found to be unenforceable, you agree that a claim for public injunctive relief will be brought in arbitration pursuant to the terms herein, and that you expressly acknowledge you are waiving any and all rights to bring a public injunctive relief claim in court.
10.3 Notice of Dispute
Prior to filing a demand for arbitration, you must provide notice and an opportunity to respond to ASH and/or ASH must provide Notice and an opportunity to respond to you.
You must send a Notice of Dispute describing the dispute by email to TandCs@ashn.com or by certified mail to ASH as detailed in Section 11.4. ASH then has 30 days from receipt of your Notice of Dispute to respond. If you deem ASH’s response unsatisfactory, you may file a demand for arbitration as detailed in Section 10.4 below.
ASH must send a Notice of Dispute describing the dispute to you at the email address associated with your account. You then have 30 days from receipt of ASH’s Notice of Dispute to respond. If ASH deems your response unsatisfactory, ASH may file a demand for arbitration as detailed in Section 10.4 below.
10.4 Agreement to Arbitrate Claims
You agree to arbitrate all disputes between you and us pursuant to the Federal Arbitration Act. If a dispute arises between you and us relating to the Website or these Terms, you and we agree that the dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations (“AAA Rules”). You and we agree to the following rules relating to any arbitration proceeding:
- YOU AND ASH WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
- THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED
- The venue for all disputes arising under these Terms shall be the state in which you reside, but you and we may agree to conduct the arbitration by telephone, or online and/or solely based on written submissions. You hereby waive any right to claim that such location is an inconvenient forum and covenant not to sue us in any other forum. However, if the parties choose to conduct in-person proceedings and the arbitrator determines that this location imposes unreasonable burdens, the arbitrator has the power to order that the proceedings take place elsewhere.
- The arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the parties.
- The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
- Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Barring extraordinary circumstances, the arbitrator will issue a decision within 120 days from the date the arbitrator is appointed, which may be extended 30 days in the interests of justice.
- All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
- The award of the arbitrator will be in writing and will not include any statement setting forth the reasons for the disposition of any claim. Either you or we may seek an injunction at any time from any court of competent jurisdiction as necessary to protect the rights or property of you or us pending the completion of arbitration.
- Either you or we may start arbitration proceedings. Any arbitration between you and us including, but not limited to ASH Fitness, Inc., will take place under AAA Rules, as modified by this Arbitration Agreement. You and we agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. We can also help put you in touch with the AAA.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, ASH will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse ASH for all fees associated with the arbitration that ASH paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.
11.1 Not Intended for Minors under the age of 13
This Silver&Fit Website is not designed or intended for use by persons under the age of 13. Such persons are not permitted to register for a Silver&Fit Account and are not permitted to use the Silver&Fit Website without the direct involvement and oversight of a parent or guardian. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use the Silver&Fit program without parental consent and direct supervision. If we learn that we have collected personal information directly from a person under age 13 without verification of parental consent, we will delete that information and terminate the person’s account.
ASH may assign this User Agreement or any of its rights or obligations under this User Agreement, to any third party without your prior consent. This User Agreement will inure to the benefit of ASH’s successors, assigns and licensees.
11.3 Electronic Communications
By using the Website, you consent to receiving communications from ASH (or entities acting on behalf of ASH, including but not limited to payment processors) electronically, including emails and (if you have an account on the Website) messages posted to your account (“Notice”). Please note, you will be required to provide an email in order to participate in this program. You acknowledge and agree that all agreements, Notice including, but not limited to Notice pursuant to Section 10.3, disclosures, and other communications that ASH provides to you electronically satisfy any legal requirement that the same be in writing.
11.4 Notices to ASH
Except as expressly otherwise indicted in these Terms or by ASH, all your notices to ASH under these Terms must be in writing and delivered in person or by registered or certified mail to the following address:
P.O. Box 509117
San Diego, CA 92150-9117
11.5 Governing Law
This User Agreement shall be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State you reside in, without giving effect to its conflict of laws and provisions of your actual state or country of residence.
From time to time, ASH may make changes/updates to the Website and/or these Terms to accommodate new technology, industry practices, regulatory requirements, or for other purposes. ASH will provide you Notice of changes pursuant to Section 11.3 Electronic Communications. ASH reserves the right to make non-material changes without Notice.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and ASH’s failure to assert any right under these Terms or to enforce any provision of these Terms shall not be deemed a waiver of such right or provision.
11.8 Entire Agreement; Conflict.
These Terms, together with our Privacy Statement, constitute the entire and complete agreement and understandings between you and ASH concerning the Website. In the event of any inconsistency or conflict between these Terms and information contained in any Program materials (including, without limitation, print or electronic brochures, newsletters, pamphlets, handouts, flyers, or other informational, advertising, promotional, or publicity materials that relate to the Program and/or the Website, whether or not prepared by ASH), the provisions of these Terms shall prevail and control.
11.9 Third Party Beneficiary
You acknowledge and agree that (i) the provisions of these Terms that relate to arbitration, limitation on liability, disclaimers, indemnities and waiver and release (these sections constituting the “Specified Sections”) shall apply both with respect to ASH and the third party providers of the content that ASH makes available to you through the Website or Program (each, a “Content Provider”); and (ii) each applicable Content Provider shall be a third party beneficiary hereunder for purposes of the Specified Sections, is entitled to the applicable rights and benefits set forth in the Specified Sections, and may enforce the provisions in the Specified Sections as if it were a party to these Terms. Except as stated here in, there are no other Third Party Beneficiaries to this User Agreement.
Last updated December 29, 2022