Terms of Use

ACAC Fitness & WellnessCenter Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.
Effective Date:  This Terms of Use Agreement was last updated on July 20, 2006.

This Terms of Use Agreement sets forth the standards of use of the ACAC website. By using the acac.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 acac.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

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.

4. Indemnification

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

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.

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.

By Mail
IT Director
500 Albemarle Square
Charlottesville, Virginia 22901
By Telephone: (434) 978-3800
By Email: itdept@acac.com

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 ACAC, 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. 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 our Privacy Policy Statement.

copyright 2007 © acac fitness and wellness centers