1. Description of Service
Atlantic Coast Athletic Clubs, LP, Atlantic Coast Athletic Clubs of Virginia, Inc., and Atlantic Coast Athletic Clubs of Richmond, Inc., all d/b/a ACAC Fitness & Wellness Center (both individually and collectively referred to as “ACAC”) authorizes User to access, view and download text, graphics, images, documents and other materials contained in or made available through this web site 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 ACAC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, ACAC 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. ACAC shall have no liability for any interruptions in the use of this Website. ACAC 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.
3. Limitation of Liability
ACAC SHALL NOT be liable for any damages whatsoever, and in particular ACAC 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 web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if ACAC 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.
User agrees to indemnify and hold ACAC, 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
ACAC reserves the right to modify or discontinue the Service with or without notice to the User. ACAC shall not be liable to User or any third party should ACAC exercise its right to modify or discontinue the Service. User acknowledges and accepts that ACAC 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
7. Governing Jurisdiction of the Courts of the Commonwealth of Virginia
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 2006 ACAC Fitness & Wellness Center, with all rights reserved, or is the property of ACAC 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 ACAC 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 ACAC.
ACAC Fitness & Wellness Center and acac.com are proprietary marks of ACAC. ACAC’s trademarks and logos may not be used in connection with any product or service that is not provided by ACAC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ACAC.
All other trademarks displayed on ACAC’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 ACAC.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ACAC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
500 Albemarle Square
Charlottesville, Virginia 22901
By Telephone: (434) 978-3800
By Email: firstname.lastname@example.org
11. Other Terms