VIV ATHLETIC CLUB TERMS OF USE
Effective: June 2026 | info@vivathleticclub.com | www.vivathleticclub.com
Welcome to VIV Athletic Club! These Terms of Use ("Terms") govern your access to and use of the VIV Athletic Club website at www.vivathleticclub.com (the "Site"), any VIV mobile application (the "App") available on the App Store and Google Play Store, and all services, features, and content made available through the Site, App, or our mobile messaging service (collectively, the "Service"). Your VIV Athletic Club membership, physical facility access, and in-person services are governed by a separate membership agreement and not these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND MUST PROMPTLY CEASE USING IT.
By agreeing to these Terms, you expressly agree to the arbitration of all Disputes (as defined in Section 13). The parties agree to arbitrate solely on an individual basis; these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding.
CONTENTS
1. Your Access to the Service
2. Permitted Use and Restrictions
3. Privacy
4. Idea Submissions
5. Intellectual Property Rights
6. Third-Party Sites and Services
7. Indemnity
8. Warranty Disclaimer
9. Limitation of Liability
10. Termination
11. Communication Between Us
12. Governing Law
13. Dispute Resolution
14. Notice for California Residents
15. Notice for New Jersey Residents
16. Additional Important Terms
17. Changes to These Terms
18. Contact Information
1. Your Access to the Service
1.1 Internet Access
When using the Service on your mobile, laptop, desktop, or other device ("Device"), you are solely responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges you incur.
1.2 Your Device
VIV is not responsible for the operation of your Device. You are responsible for ensuring your Device is in proper working order when accessing the Service, including screen display and operating features.
1.3 No Guarantee
Access to the Service may be suspended temporarily and without notice (i) in the event of a system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect a breach of these Terms, (iv) for reasons beyond our reasonable control, or (v) as otherwise described in these Terms.
1.4 App Updates
VIV may from time to time develop and provide App updates, which may include upgrades, bug fixes, patches, error corrections, and/or new features (collectively, "Updates"). Updates may modify or delete certain features or functionality. VIV has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Based on your Device settings, the App may automatically download and install all available Updates, or you may receive notice to download and install available Updates. You should promptly download and install all Updates; the App may not operate properly if you fail to do so. All Updates are deemed part of the App and subject to these Terms.
1.5 Mobile & Other Devices
VIV DOES NOT GUARANTEE THAT THE APP, SITE OR SERVICE CAN BE ACCESSED AND USED ON ANY PARTICULAR DEVICE OR WITH ANY PARTICULAR SERVICE PLAN. VIV DOES NOT GUARANTEE THAT THE APP, SITE OR SERVICES WILL BE AVAILABLE IN, OR THAT ORDERS FOR PRODUCTS CAN BE PLACED FROM, ANY PARTICULAR GEOGRAPHIC LOCATION.
As part of the Service, you may receive push notifications, emails, or other messages regarding service updates. Your wireless service provider may charge fees for data, text messaging, and/or other wireless access in connection with these messages. You may opt in or out of push notifications through your Device's operating system settings, with the exception of infrequent, important service announcements. For our mobile messaging services, please see our Mobile Terms of Use, incorporated herein by reference.
1.6 Apple App Store
This Section 1.6 applies only if you are using the App downloaded from the Apple App Store. VIV and you acknowledge that these Terms are entered into between VIV and you, not with Apple, Inc. ("Apple"). The license granted in Section 2.1 is limited to use on Apple-branded products you own or control, as permitted by Apple's Usage Rules, except the App may be accessed by accounts associated with you via Family Sharing or volume purchasing.
Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them. VIV is solely responsible for the App and its content. Apple has no obligation to furnish maintenance or support for the App. In the event of any App failure to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. Apple has no other warranty obligation and no responsibility for any other claims relating to the App. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and (ii) you are not listed on any U.S. Government prohibited or restricted parties list. Your use of the App must comply with the Apple App Store Terms and Conditions.
1.7 Google Play Store
This Section 1.7 applies only if you are using the App downloaded from Google Play. To the extent of any conflict between the Google Play Terms of Service and Business and Program Policies ("Google Play Terms") and these Terms, the Google Play Terms shall apply with respect to your use of the App. VIV and you acknowledge that Google has no responsibility or liability related to compliance or non-compliance by VIV or you under these Terms or the Google Play Terms. For any maintenance, support, or complaints related to the App, please contact VIV directly, not Google.
2. Permitted Use and Restrictions
2.1 License Grant
Subject to these Terms, VIV grants you a limited, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable license to access and use the Service solely for your personal, non-commercial use on a Device you own or control. VIV reserves all rights not expressly granted in these Terms.
2.2 Use Restrictions
You may not access or use the Service in any way not expressly permitted by these Terms. You may not: (i) cause, permit, or authorize modification, copying, creation of derivative works, translation, reverse engineering, decompilation, disassembly, scraping, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined by VIV in its sole discretion.
2.3 Eligibility
The Service may not be used by anyone under the age of 13. Individuals between the ages of 13 and 17 must have a parent or guardian consent to their use of the Service and these Terms.
By accessing or using the Service, you represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you are at least 13 years of age and have reviewed these Terms with your parent or legal guardian and that they have agreed to be bound by these Terms.
2.4 Investigations
VIV may, but is not obligated to, monitor or review the Service at any time. If VIV becomes aware of any possible violations of these Terms by you, VIV reserves the right to investigate and may immediately terminate your license to use the Service pursuant to Section 10 (Termination).
2.5 Violation of These Terms
You must not use (or permit a third party to use) the Service: (i) in any unlawful manner or for any unlawful purpose, or to act fraudulently or maliciously; (ii) in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from servers running the Service; (iv) via a robot, spider, or other automated device to monitor or copy the Service or information provided by the Service; (v) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; or (vi) to transmit unsolicited or unauthorized advertising or promotional material (spam). You are solely responsible for any breach of these Terms and for the consequences of any such breach.
3. Privacy
These Terms incorporate the terms of our Privacy Policy (as updated from time to time), available at www.vivathleticclub.com/privacy. Our Privacy Policy explains how your personal information is collected and used. By agreeing to these Terms, you also agree to the Privacy Policy and consent to (i) the processing of your personal information as described in the Privacy Policy and (ii) the collection of information from your Device as described in the Privacy Policy.
4. Idea Submissions
VIV welcomes feedback from users. However, our policy does not permit us to accept or consider unsolicited ideas, suggestions, proposals, or materials ("Submissions") that we have not specifically requested, in order to avoid future misunderstandings if similar ideas or services are developed internally.
If you submit ideas despite this policy, the following terms apply regardless of any conditions you may have attempted to place on your Submission: (i) Submissions are considered non-confidential and non-proprietary; (ii) VIV has the right, without limit in time or payment to you, to use, copy, distribute, adapt, and disclose Submissions via the Service or otherwise for any purpose in any media, including the right to create derivative works and to transfer or sublicense such rights; (iii) VIV may have similar ideas already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement in connection with Submissions.
5. Intellectual Property Rights
5.1 Trademarks
VIV Athletic Club's name, slogans, colors, and logos are trademarks and service marks of VIV Athletic Club. You do not have the right to use any of our trademarks, service marks, or logos without express written permission, and unauthorized use may violate federal and state trademark laws.
5.2 Ownership
All intellectual property rights in the Service — whether registered or unregistered, including rights in graphics, logos, look and feel, trade dress, structure, organization, code, and all other content — belong to VIV or its licensors and are protected by U.S. and international copyright and intellectual property laws. Nothing in the Service grants a license to any VIV trademarks, copyrights, or other intellectual property rights by implication, estoppel, or otherwise.
You should assume that all content accessible through the Service is proprietary and protected by copyright or trademark unless otherwise noted, and may not be used without VIV's written permission. When accessing the Service, you agree to comply with all laws regarding copyright ownership and intellectual property.
6. Third-Party Sites and Services
The Service may contain links to third-party websites ("Third-Party Sites"). VIV has no control over Third-Party Sites and is not responsible for their content or availability. VIV does not assume liability for your use of Third-Party Sites, which you access at your own risk.
Links to Third-Party Sites are provided for convenience only and do not constitute an endorsement or approval by VIV of those sites or their operators. Your use of Third-Party Sites is governed by their own terms and conditions and privacy policies. You are responsible for reviewing and complying with those third-party terms.
7. Indemnity
You agree to indemnify and hold VIV Athletic Club and its affiliates, business partners, licensees, licensors, officers, directors, members, employees, and agents (the "Indemnified Parties") harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party. VIV reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with VIV's defense of such claims.
8. Warranty Disclaimer
VIV PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIV MAKES NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. VIV HAS NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS, OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP, OR MAINTAIN THE SERVICE.
While VIV takes reasonable precautions to prevent malicious programs, VIV accepts no liability for them. VIV makes no promises or guarantees, whether express or implied, that content provided through the Service is accurate, complete, or up to date.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIV EXCLUDES ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, AND OTHER TERMS THAT MAY APPLY TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
No information or advice obtained through the Service shall constitute a warranty. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
9. Limitation of Liability
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, BREACH OF SECURITY, DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR THESE TERMS, WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE OF VIV, EVEN IF VIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your sole remedy for dissatisfaction with the Service is to stop using it. This limitation also applies to damages arising from services or products received through or advertised on the Service, information or advice received through the Service, or content posted by a third party on the Service.
If the foregoing exclusion of liability is determined to be invalid or unenforceable in whole or in part, then the Indemnified Parties' total liability in connection with the Service or these Terms, whether in contract, tort, or otherwise, shall not exceed the greater of: (i) the total amount paid for goods or services purchased through the Service in the preceding 30 days, or (ii) One Hundred Dollars ($100). Any claim or cause of action arising under these Terms must be brought within one (1) year after it arises or it shall be forever barred.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION 9 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VIV'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
10. Termination
VIV may terminate these Terms and/or your permission to use the Service immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) VIV discontinues the Service, or (c) VIV is prevented from providing the Service for any reason.
VIV reserves the right to change, edit, suspend, delete, and/or cancel any part of the Service and/or your access to it at any time, with or without notice, (i) if required by law or (ii) due to an event beyond our control.
Upon termination of these Terms for any reason: (x) all rights granted to you under these Terms cease immediately; (y) you must immediately cease all activities authorized by these Terms, including your use of the Service; and (z) VIV may restrict your access to the Service. Sections 3, 4–5, and 7–17 survive any termination or expiration of these Terms.
11. Communication Between Us
If you wish to contact VIV in writing, or if any provision of these Terms requires written notice, please contact us as indicated in Section 18 (Contact Information). If VIV needs to contact you in writing, we may do so by email or using other contact details you have provided.
12. Governing Law
These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or dispute between you and VIV, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.
13. Dispute Resolution
13.1 User Concerns
Most concerns can be resolved quickly and to your satisfaction by contacting VIV at the contact details provided in Section 18 below.
13.2 Disputes
By agreeing to these Terms, you expressly agree to the arbitration of all Disputes. Any controversy or claim arising out of or relating to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (a "Dispute"), except for any controversy or claim relating to VIV's actual or alleged intellectual property rights (an "Excluded Dispute"), shall be resolved by binding arbitration. The parties agree to arbitrate solely on an individual basis; these Terms do not permit class arbitration or claims brought as a plaintiff or class member in any class or representative proceeding. The arbitrator may not consolidate more than one person's claims. If the prohibition on class arbitration is deemed invalid or unenforceable, the remaining arbitration provisions shall remain in force.
13.3 Arbitration Procedures
If a concern cannot be resolved informally, you and VIV agree that all Disputes (each a "Claim") shall be finally and exclusively resolved by a mutually agreed-upon arbitrator. If the parties cannot agree on an arbitrator, each party shall choose one, and those arbitrators shall agree upon a single neutral arbitrator to hear the dispute. Discovery shall be limited to that permitted in California Courts of Limited Jurisdiction, except that in matters exceeding $100,000, the arbitrator may permit additional discovery for good cause. Arbitration may be initiated by either party via written notice. An election to arbitrate by one party is final and binding on the other.
You may seek any remedies available under federal, state, or local law in arbitration. The arbitrator will provide a written decision including the award and the findings and conclusions on which it is based. The determination of whether a Claim is subject to arbitration is governed by the Federal Arbitration Act and determined by a court. The arbitrator's decision is final and binding and enforceable in any court with jurisdiction, subject to challenge only if the arbitrator fails to follow applicable law.
IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT RULES. ARBITRATOR DECISIONS ARE ENFORCEABLE AS COURT ORDERS AND ARE SUBJECT TO VERY LIMITED COURT REVIEW.
13.4 Location
Arbitration will take place in Los Angeles County, California, United States. The parties agree to video, phone, or internet appearances. If you are a consumer in a state granting you a non-waivable right to have disputes heard in your local forum or governed by local law, those mandatory provisions shall apply. In such event, the dispute shall be heard in the closest major metropolitan area nearest to a VIV location, and the local law of that state shall apply.
13.5 Limitations
YOU AND VIV AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE CLAIM BETWEEN VIV AND YOU INDIVIDUALLY. YOU AND VIV AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS-ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
13.6 Exceptions to Arbitration
You and VIV agree that the following Claims are not subject to binding arbitration: (i) any Excluded Dispute; and (ii) any claim for equitable relief. Either party may assert an individual action in small claims court for Claims within the scope of such court's jurisdiction, in lieu of arbitration.
13.7 Arbitration Fees
If you initiate arbitration for a Claim, you will be responsible for the arbitration initiation fee, if any. If VIV initiates arbitration for a Claim, VIV will pay the costs charged for initiating the arbitration, if any.
13.8 Severability
If any portion of this Section 13 is found illegal or unenforceable (except Section 13.5), that portion shall be severed and the remainder of Section 13 shall be given full force and effect. If Section 13.5 is found illegal or unenforceable, neither party will elect to arbitrate any Claim falling within that portion, and such Claim shall be decided exclusively by a court of competent jurisdiction within Los Angeles County, California.
14. Notice for California Residents
In accordance with California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd, Ste N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
15. Notice for New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you: Section 8 (Warranty Disclaimer), Section 9 (Limitation of Liability), and the California governing law provision of Section 12 (Governing Law), to the extent that your rights as a New Jersey consumer are required to be governed by New Jersey law.
16. Additional Important Terms
16.1 Assignment
The rights granted to you under these Terms may not be assigned without VIV's prior written consent. Any attempted unauthorized assignment by you shall be null and void.
16.2 Severability
Except as otherwise provided in Section 13.8, if any part of these Terms is determined to be invalid or unenforceable, that portion shall be severed and the remainder of these Terms shall be given full force and effect.
16.3 Attorneys' Fees
In any litigation or arbitration brought in connection with these Terms, except as otherwise provided in Section 13.6, the prevailing party shall be entitled to recover from the other party all reasonable costs, attorneys' fees, and other expenses incurred in connection with such legal action.
16.4 No Waiver
VIV's failure to enforce any provision of these Terms shall not be construed as a waiver of that provision, nor affect VIV's right to enforce it later. An express waiver by VIV of any provision shall not be understood as a waiver of your obligation to comply with the same provision in the future.
16.5 Equitable Remedies
You acknowledge and agree that VIV would be irreparably damaged if these Terms were not specifically enforced. Accordingly, you agree that VIV shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to any other remedies available under applicable law.
16.6 Entire Agreement
These Terms, including the documents referenced herein, constitute the entire agreement between you and VIV Athletic Club with respect to the Service and supersede all prior agreements between you and VIV relating to the Service.
16.7 Transfer
VIV may transfer its rights and obligations under these Terms to another organization. This will not affect your rights or VIV's obligations under these Terms.
16.8 Order of Precedence
If you hold an active VIV Athletic Club membership, these Terms supplement the terms of your membership agreement. In the event of any conflict or inconsistency between these Terms and your membership agreement, the terms of your membership agreement shall prevail and control.
17. Changes to These Terms
VIV reserves the right, at its sole discretion, to amend these Terms at any time. We will notify you of material changes when you next access the Service and may also email you about material changes. VIV reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it, with or without notice.
18. Contact Information
If you have any questions or comments relating to the Service or these Terms, please contact us:
VIV Athletic Club
Email: info@vivathleticclub.com
Website: www.vivathleticclub.com