THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.

1. Parties
The parties to this Agreement are you, a visitor to this web site ("You"), and the owner and operator of this web site: ACTIVE REMOTE SYSTEMS, INC.. All references to "us", "this web site" or "this site" shall be construed to mean ACTIVE REMOTE SYSTEMS, INC. If the user is not an individual, then "You" means Your company, its officers, members, agents, successors and assigns.

2. Assent To Terms of Use And Amendment
ACTIVE REMOTE SYSTEMS, INC.grants a non-exclusive, non-transferable, and revocable license to You and provides the services available at this site to You subject to the following terms and conditions. THESE TERMS AND CONDITIONS MAY BE AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT THIS SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITHACTIVE REMOTE SYSTEMS, INC. ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE. 

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE.

3. Entire Agreement
This Terms of Use Agreement will be expressly incorporated by reference in each and every agreement between You and ACTIVE REMOTE SYSTEMS, INC., and except for any separate agreement for service, this terms of use agreement, with respect to the subjects addressed herein, constitutes the entire agreement between the parties with respect to those subjects. Except for any separate agreement for service, You acknowledge that neither ACTIVE REMOTE SYSTEMS, INC. nor anyone on ACTIVE REMOTE SYSTEMS, INC. behalf has made any representations, inducements, promises or agreements, orally or otherwise, to You relating to the subjects addressed by this terms of use agreement that are not embodied herein.

4. Prohibited Conduct
You agree (i) not to use this site to distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on ACTIVE REMOTE SYSTEMS, INC. infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services or products available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site.

5. Compliance with Laws
You shall comply with all applicable laws and regulations of the United States and foreign authorities (including but not limited to credit card transactions) relating to any service or product associated with this site.

6. Registration Data And Privacy
Registration may be required for you to access information on this site, or for your participation in certain services offered at this site. You must provide certain current, complete, and accurate information about You as prompted to do so by the registration form ("Registration Data"), and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that your Registration Data is accurate and current, and that You are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that You provide is untrue, inaccurate, not current or incomplete, ACTIVE REMOTE SYSTEMS, INC. retains the right, in its sole discretion, to suspend or terminate rights to use the services. Registration Data and certain other information about You is subject to our Privacy Policy which may be accessed from the activeremote.com home page. Solely to enable ACTIVE REMOTE SYSTEMS, INC. to use information You supply us internally, so that we are not violating any rights You might have in that information, You grant to ACTIVE REMOTE SYSTEMS, INC. a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by ACTIVE REMOTE SYSTEMS, INC. computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by ACTIVE REMOTE SYSTEMS, INC., in each case by any method or means or in any medium whether now known or hereafter devised.

7. Registration By Children Under The Age of 13 Is Not Permitted
REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 13. IF A USER UNDER THE AGE OF 13 ATTEMPTS TO REGISTER WITH LONGEVITY FITNESS CLUB & SPA, WE SHALL NOTIFY THE USER THAT HE OR SHE IS NOT ELIGIBLE, AND WE SHALL NOT COLLECT OR USE ANY PERSONAL INFORMATION FROM SUCH CHILD.

8. Copyrights
The copyright in all material provided on this site is owned or licensed to ACTIVE REMOTE SYSTEMS, INC. You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to You through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of ACTIVE REMOTE SYSTEMS, INC. or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. ACTIVE REMOTE SYSTEMS, INC. does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ACTIVE REMOTE SYSTEMS, INC. or the copyright owner. However, You may print a copy of the information on this site for Your personal, non-commercial internal use or records. In so doing, You may not modify the materials and You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions. If You make any other use of this site, except as otherwise provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.

9. Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of ACTIVE REMOTE SYSTEMS, INC. and others. Nothing on this site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner. ACTIVE REMOTE SYSTEMS, INC. aggressively enforces its intellectual property rights to the fullest extent of the law. The service mark(s), ACTIVE REMOTE SYSTEMS, INC. may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission. ACTIVE REMOTE SYSTEMS, INC.prohibits use of any of the forgoing names or marks as a metatag or as a "hot" link to any site unless establishment of such a link is approved in advance by ACTIVE REMOTE SYSTEMS, INC. in writing. If You have any questions regarding any trademarks on the site, please contact ACTIVE REMOTE SYSTEMS, INC.

10. Links
This site may provide links to other Internet sites. ACTIVE REMOTE SYSTEMS, INC. is not responsible for the availability of such other sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites. Links to external web sites do not constitute an endorsement byACTIVE REMOTE SYSTEMS, INC.of those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Further, ACTIVE REMOTE SYSTEMS, INC. reserves the right to terminate any link or linking program at any time. ACTIVE REMOTE SYSTEMS, INC. does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that ACTIVE REMOTE SYSTEMS, INC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such site. If You decide to access any of the third party sites linked to this site, You do this entirely at Your own risk.

11. Participation In Promotions Of Advertisers
You may enter into correspondence with or participate in promotions of advertisers promoting their products or services on this site ("Advertisers"). You acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and Advertiser. ACTIVE REMOTE SYSTEMS, INC. shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.

12. Monitoring
You acknowledge that ACTIVE REMOTE SYSTEMS, INC. or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site. ACTIVE REMOTE SYSTEMS, INC., in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which ACTIVE REMOTE SYSTEMS, INC. deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted to the full extent of the law.

13. NO WARRANTIES
THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN AN AGREEMENT FOR SERVICE, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM ACTIVE REMOTE SYSTEMS, INC. AND ITS PRODUCT PROVIDERS, ACTIVE REMOTE SYSTEMS, INC. AND ITS AFFILIATES AND PRODUCT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF ACTIVE REMOTE SYSTEMS, INC. AND ACTIVE REMOTE SYSTEMS, INC. AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THIS INTERNET SITE IS NOT ENGAGED IN PROVIDING PROFESSIONAL LEGAL SERVICES OR LEGAL ADVICE, AND THAT IT IS YOUR RESPONSIBILITY TO SEEK COMPETENT LEGAL COUNSEL TO ADVISE YOU REGARDING THE APPLICABILITY OF ANY CONTENT AVAILABLE ON THIS SITE TO SPECIFIC FACTUAL SITUATIONS. NO ATTORNEY-CLIENT RELATIONSHIP IS INTENDED NOR CREATED THROUGH YOUR USE OF THIS SITE, THE ACTIVE REMOTE SYSTEMS, INC. INTERNET SERVICE, OR THE CONTENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE AT THIS SITE. WITHOUT LIMITING THE FOREGOING, NONE OF ACTIVE REMOTE SYSTEMS, INC. NOR ACTIVE REMOTE SYSTEMS, INC. AFFILIATES OR PRODUCT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTIVE REMOTE SYSTEMS, INC. OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

14. LIMITED LIABILITY
ACTIVE REMOTE SYSTEMS, INC. AND ALL OF ACTIVE REMOTE SYSTEMS, INC.AFFILIATES AND PRODUCT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO ACTIVE REMOTE SYSTEMS, INC., IF ANY, FOR THE DEPOSIT OF SERVICE OR PRODUCT AT ISSUE.

15. Indemnity
You shall indemnify, defend, and hold harmless ACTIVE REMOTE SYSTEMS, INC. and its product providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from (i) Your use of the services available on this site, (ii) Your failure to comply with any applicable laws and regulations regarding services or good purchased or used on this site, (iii) Your use of the content available on this site in any way contrary to this agreement (d) Your breach of any of Your representations, warranties or obligations set forth in this agreement, (iv) the purchase, transportation, delivery, use or disposal of any ACTIVE REMOTE SYSTEMS, INC.service or product, associated with this site or available through other sites, or any loss suffered by or harm to any person or property in any way relating to of caused in whole or in part by Your use of this site or any service or product associated with this site (including, without limitation, any personal injuries or death of any third person caused in whole or in part by such products or services, the use, transportation, delivery, storage, handling or release thereof.

16. Beneficiaries of this Agreement; No Other Agreements
The rights and limitations in this agreement are for the benefit of ACTIVE REMOTE SYSTEMS, INC. and each of ACTIVE REMOTE SYSTEMS, INC. product providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.

17. Termination
You agree that ACTIVE REMOTE SYSTEMS, INC.may, at its sole discretion, deny You access to the site and disable any user name and password associated with You for any reason, including, without limitation, if ACTIVE REMOTE SYSTEMS, INC. believes that You have violated or acted inconsistently with the letter or spirit of this agreement. ACTIVE REMOTE SYSTEMS, INC. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice. You agree that ACTIVE REMOTE SYSTEMS, INC. shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this site.

18. Consumer Rights
ACTIVE REMOTE SYSTEMS, INC. maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies. All correspondence should be addressed to ACTIVE REMOTE SYSTEMS, INC.s agent for notice at the following address:

ACTIVE REMOTE SYSTEMS, INC.
11771 1/2 Pico Blvd.

Los Angeles, Ca. 90064

E-mail: admin@activeremote.com
Telephone: (310) 235-1953
Facsimile:
(310)  235-1131

You may contact ACTIVE REMOTE SYSTEMS, INC. with complaints and inquiries regarding pricing and ACTIVE REMOTE SYSTEMS, INC. will investigate those matters and respond to the inquiries.

19. Controlling Law
This Agreement shall be construed under the laws of the State of California, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

20. Jurisdiction And Venue
You and ACTIVE REMOTE SYSTEMS, INC. agree to submit to the exclusive personal jurisdiction of the courts of Los Angeles County in the State of California, USA in all legal proceedings arising under this Agreement.

BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE EXIT THIS SITE.

 
 
 

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