Terms of Service
TERMS & CONDITIONS
EFFECTIVE DATE: March 11, 2014
In using this website you are deemed to have read and agreed to the following terms and conditions. The following terminology applies to these Terms and Conditions and Privacy Statement:
- “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions;
- “Company”, “Ourselves”, “We” and “Us” refers to Active Sports Clubs and its affiliates;
- “Party” refers to either the Client or Ourselves;
Active Sports Clubs is committed to protecting your privacy and has created a privacy statement which can be found here.
Exclusions and Limitations
The information on this website is provided on an “as is” basis, and no warranties are made of any kind, express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purposes or noninfringement. To the fullest extent permitted by law, the Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
- excludes all liability for damages arising out or in connection with the acts or omissions of other members or users (including unauthorized users or “hackers”) of this website.
In no event will our liability to you for any cause whatsoever arising out of your use of this website (regardless of the form of the action) exceed the lesser of the amount paid, if any, by you to the Company or $100.
Unless otherwise stated, the services featured on this website are only available within California, or in relation to postings from the United States. All advertising is intended solely for the California market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be secure, uninterrupted, always available, timely, error-free, free from viruses or other harmful components, or will meet your requirements, or that any defects in service will be corrected.
The Company reserves the right to immediately suspend or terminate your access to the site, without notice, upon your breach of any of the terms and conditions.
Copyright and Proprietary Information
Copyright and other relevant intellectual property rights exist on all text and media relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of Active Sports Clubs. The brand names and specific services of this Company featured on this website are also trademarked. Except for information that is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
We have several different avenues for communicating. One way to reach an Active Sports Clubs representative is through our Contact Us page.
Direct mail can be sent to:
Active Acquisition Partners, LLC
1200 Clay Street
Oakland, CA 94612
You agree to defend, indemnify, and hold harmless the Company, its clients, and each of their respective officers, directors, employees, affiliates, agents and franchisees, and other users (from and against any claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including but not limited to reasonable attorney’s fees) relating to or arising out of (i) your use of, access to or activities while using the site; (ii) your violation of any of these terms and conditions, or (iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. This defense and indemnification obligation shall survive these terms and conditions and your use of the site.
Any claim relating to this website shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Notification of Changes
The Company reserves the right to change these terms and conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms and conditions. You are therefore advised to re-read this statement on a regular basis.
© Active Acquisition Partners, LLC 2014-2019 All Rights Reserved
“Parties” refers to both the Client and Ourselves.