Terms of Use
Sportsclub Fitness & Wellness Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on March 1, 2023.
This Terms of Use Agreement sets forth the standards of your access to and use of the Sportsclub Fitness & Wellness website (the “Service”). By using the sportsclubsc.com website you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at sportsclubsc.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Sportsclub Fitness & Wellness LC., d/b/a Sportsclub Fitness & Wellness (both individually and collectively referred to as “Sportsclub”) authorizes User to access, view and download text, graphics, images, documents and other materials contained in or made available through this website only for your personal, non-commercial use. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site is provided by Sportsclub on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Sportsclub makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Sportsclub shall have no liability for any interruptions in the use of this website. Sportsclub disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above-referenced exclusion may be inapplicable. Sportsclub is not liable for the contents of any material posted to its website(s) by any third-party.
3. Limitation of Liability
Sportsclub SHALL NOT be liable for any damages whatsoever, and in particular Sportsclub shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Sportsclub has been advised of the possibility of such damages. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
4. Indemnification
User agrees to indemnify and hold Sportsclub, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other individual operating the User’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Sportsclub reserves the right to modify or discontinue the Service with or without notice to the User. Sportsclub shall not be liable to User or any third party should Sportsclub exercise its right to modify or discontinue the Service. User acknowledges and accepts that Sportsclub does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.
7. Governing Jurisdiction of the Courts of the Commonwealth of Virginia
Our website is operated and provided in the Commonwealth of Virginia. As such, we are subject to the laws of the Commonwealth of Virginia, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Commonwealth of Virginia, and agree that any dispute arising from or related to the Service will have exclusive venue in the state or federal courts covering Albemarle County, Virginia, any you consent to the jurisdiction thereof.
8. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to
transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is 2023 Sportsclub Fitness & Wellness, with all rights reserved, or is the property of Sportsclub and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Sportsclub is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Sportsclub.
Sportsclub Fitness & Wellness and sportsclubsc.com are proprietary marks of Sportsclub. Sportsclub’s trademarks and logos may not be used in connection with any product or service that is not provided by Sportsclub, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sportsclub.
All other trademarks displayed on Sportsclub’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those parties. In addition, such use of trademarks or links to the web sites of third party organizations is not intended to imply, directly or indirectly, that those parties endorse or have any affiliation with Sportsclub.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Sportsclub designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
IT Director
500 Albemarle Square
Charlottesville, Virginia 22901
By Telephone: (434) 978-3800
By Email: [email protected]
11. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that
this Terms of Use Agreement and any other agreements referenced herein may be assigned by Sportsclub, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. Sportsclub may collect certain data regarding your use of the Service, and User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in and in accordance with our Privacy Policy Statement.
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