Greenway Fitness, LLC d/b/a Republic Fitness
35 White St, Cambridge, MA 02140
https://republicbos.com/member-policies/
Email: info@republicbos.com
Greenway Fitness, LLC d/b/a Republic Fitness TEXT MESSAGING TERMS OF USE
By “Opting In” to or using a “Text Message Service” (as defined below) from Greenway Fitness, LLC d/b/a Republic Fitness, you accept these Terms & Conditions. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
This agreement is between you and Greenway Fitness, LLC d/b/a Republic Fitness or one of its affiliates. All references to “Greenway Fitness, LLC d/b/a Republic Fitness,” “we,” “our,” or “us” refer to Greenway Fitness, LLC d/b/a Republic Fitness, 35 White St, Cambridge, MA 02140.
DEFINITIONS
“Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.
“Text Message Service” includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).
CONSENTING TO TEXT MESSAGING
By consenting to receive text messages from us, you agreed to these Text Messaging Terms and Conditions, as well as our Member Policies and Privacy Policy, incorporated herein by reference.
E-SIGN DISCLOSURE
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.
Greenway Fitness, LLC d/b/a Republic Fitness TEXT MESSAGE SERVICE PRIVACY POLICY
We respect your privacy. We only use information you provide through this service to transmit your mobile messages and respond to you. This includes, but isn’t limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn’t intended to modify our general [“Privacy Policy” OR RELEVANT NAME OF PRIVACY POLICY REFERENCED IN SECTION ABOVE], incorporated by reference above, which may govern the relationship between you and us in other contexts.
COSTS OF TEXT MESSAGES
We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
FREQUENCY OF TEXT MESSAGES
This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).
OPTING OUT OF TEXT MESSAGES
If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out via text message.
CONTACT US
For support, info@republicbos.com.
BINDING ARBITRATION AND SEVERABILITY CLAUSES
Arbitration
Any controversy or claim arising out of or relating to this Agreement shall, to the fullest extent permitted by law, be resolved by final and binding arbitration in a forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. This Section shall be specifically enforceable. I agree I can pay my own arbitration costs. If I believe I cannot pay the arbitration costs, I must make a demand to Company to pay all costs and expenses of the arbitration, which Company may grant or deny in its sole discretion within 20 days. The arbitrator may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Notwithstanding the foregoing, this Section shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section.
I agree to waive the right to a judge or jury. I agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative basis. I understand and agree that there will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any purported class, collective, representative or private attorney general proceeding (“Class Action Waiver”). Disputes regarding the enforceability of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, representative or private attorney general action and (2) a civil court of competent jurisdiction finds all or part of the Class Action Waiver unenforceable, the class, collective, representative and/or private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Severability
Should any provision of this Agreement be declared or be determined by any court to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby and said illegal or invalid part, term, or provision shall be deemed not to be a part of this Agreement. If, moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.