UPDATED MAY 2026
By accessing or using the mActivity website at www.mactivity.com (the “Site”), you agree to be bound by these Terms & Conditions (“Terms”), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these Terms, you must not use the Site.
We may update these Terms at any time by posting a revised version on the Site, with or without notice, and your continued use of the Site after any changes constitutes your acceptance of the updated Terms.
The Site is operated by mActivity Fitness Center (“mActivity”, “we”, “us”, “our”), a fitness center and community hub providing gym facilities, classes, personal training, and related wellness services at 285 Nicoll Street, New Haven, CT 06511. Information on memberships, classes, services, and member policies is provided for general informational purposes and may change at any time.
To use certain features of the Site (such as booking services, accessing a member portal, or purchasing memberships or packages), you may be required to create an account with our third‑party booking and payment partners.
You agree to provide accurate, current, and complete information and to keep it updated.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
We reserve the right to refuse, suspend, or terminate any account at our discretion if we believe you have violated these Terms or any applicable policy.
You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use of the Site. In particular, you agree that you will not:
Use the Site in any way that violates any applicable law or regulation.
Interfere with or disrupt the security or operation of the Site.
Attempt to gain unauthorized access to the Site, accounts, or networks connected to the Site.
Use the Site to transmit, distribute, or post any unlawful, infringing, defamatory, obscene, or otherwise objectionable material.
We may monitor use of the Site and may take any action we deem appropriate, including suspending or terminating access, if we believe conduct violates these Terms or our member policies.
Use of our physical facilities, classes, services, and programs is subject to our Member Policy and other posted club rules, which are incorporated into these Terms by reference. This includes rules regarding, for example:
Proper conduct and respectful behavior on the premises.
Proper attire and use of locker rooms, sauna, and steam rooms.
Prohibited items and activities (including weapons, smoking, illegal drugs, and unauthorized personal training).
Photography and video recording policies.
Guest policies and fees.
If there is any conflict between these Terms and a signed membership agreement or Member Policy regarding club use, the membership agreement and Member Policy will govern your in‑club rights and obligations.
Information on the Site about services, classes, programs, passes, and membership options is provided as a general description and does not constitute a binding offer. Specific terms, including pricing, duration, cancellation, and renewal conditions, are governed by the applicable membership contract or service agreement you sign at the time of purchase.
We may change or discontinue any service, class, program, pass, or membership offering described on the Site at any time without notice.
When you purchase memberships, passes, services, or products through the Site or linked platforms (including member portal or third‑party booking systems), you authorize mActivity and its payment processors to charge the payment method you provide for all applicable amounts, including taxes and any applicable fees.
Your membership dues, late fees, guest fees, and other charges are governed by your membership agreement and our Member Policy, including provisions on:
Monthly dues and electronic funds transfer (EFT) arrangements.
Late payment and invalid payment fees.
Guest fees and other charges.
All sales are subject to our refund, returns, and cancellations rules described in the Member Policy and any specific service agreements.
Rights to cancel or receive a refund for memberships, services, and programs are governed by your membership contract, applicable state law, and our Member Policy. This includes:
Buyer’s right to cancel within the statutory cooling‑off period.
Cancellation rights upon relocation, disability, or death.
Our rights to suspend or terminate memberships for non‑payment or violation of policies.
Use of the Site does not override any such rights or obligations; rather, it provides information and, where available, tools to manage your membership and bookings.
The Site and all content on it, including text, graphics, logos, images, audio and video clips, class descriptions, schedules, and the overall look and feel of the Site, are owned by or licensed to mActivity and are protected by copyright, trademark, and other intellectual property laws.
You may access and view the Site for your personal, non‑commercial use only. You must not:
Copy, reproduce, modify, distribute, publish, or create derivative works from any part of the Site.
Use any trademarks, logos, or service marks displayed on the Site without our prior written permission.
Any unauthorized use of the Site or its content may violate applicable laws and these Terms.
The Site may contain links to third‑party websites, apps, or services, including our member portal, scheduling system, or partner platforms such as Mindbody. These third‑party sites and services are not under our control, and we are not responsible for their content, privacy practices, or terms.
Your use of any third‑party site or service is subject to that provider’s terms and policies, and you should review them carefully.
We collect and use personal information in accordance with our Privacy Policy, which is available on the Site and is incorporated into these Terms by reference. By using the Site, you consent to our collection and use of your information as described there.
In addition, when you interact with our member portal, booking services, or payment processors, your information may be handled in accordance with those providers’ privacy policies and security practices.
The Site and all content and services available through it are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied. Without limiting the foregoing, we do not warrant that:
The Site will be uninterrupted, secure, or error‑free.
Any information on the Site is complete, accurate, or up to date at all times.
Any defects or errors will be corrected.
To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non‑infringement.
Any information or advice regarding fitness, training, health, or nutrition provided on the Site is for general informational purposes only and is not medical advice; you should consult a physician before starting any exercise or nutrition program.
To the fullest extent permitted by law, mActivity and its owners, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to:
Your access to, use of, or inability to use the Site.
Any content or information obtained through the Site.
Any unauthorized access to or alteration of your data.
If you are dissatisfied with any portion of the Site or these Terms, your sole and exclusive remedy is to stop using the Site.
Nothing in these Terms limits any rights you may have that cannot be lawfully limited under applicable consumer protection laws.
You agree to indemnify, defend, and hold harmless mActivity and its owners, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
Your use of the Site.
Your violation of these Terms.
Your violation of any rights of a third party.
We may suspend or terminate your access to the Site, or any part of it, at any time, with or without notice, if we believe you have violated these Terms or engaged in any conduct that is harmful to mActivity, our members, or third parties.
Termination of website access is separate from any suspension or termination of your membership, which is governed by your membership contract and our Member Policy.
These Terms and your use of the Site are governed by the laws of the State of Connecticut, without regard to its conflict of laws principles. You agree that any dispute arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Connecticut, and you consent to the personal jurisdiction of such courts.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
We may modify, suspend, or discontinue any part of the Site, including any content, features, or hours of availability, at any time without notice or liability.
We also reserve the right to update, supplement, or otherwise change these Terms as described in Section 1.
If you have any questions about these Terms or the Site, please contact us at:
mActivity Fitness Center
285 Nicoll Street
New Haven, CT 06511
Phone: 203‑936‑9446
Website: https://mactivity.com
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