(877) 7272-FITLegal Terms and Conditions
TERMS OF USE
Please read the following terms and conditions carefully before using this site (“7deucesports.com”). By using this Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site (“Terms of Use”). You may not access or use the Site should you not want to be bound by these Terms of Use. The Terms of Use may be modified at any time without notice to you, and any such modification shall be effective immediately upon posting of the modification. By your access and use of the Site you agree to periodically review the Terms of Use and shall be conclusively bound by any such future modifications.
Materials on this Site have been prepared by 7 Deuce Sports Club, LLC (“7 Deuce”) for general informational purposes only. These materials do not, and are not intended to, constitute training advice or opinion. You should not act, or refrain from acting, based upon any information at this web site. Such advice may only be given when related to specific fact situations, in consultation with a 7 Deuce Sports advisor. You acknowledge and agree that the Site, including all of the content and services on this Site, and all names, images and personae of individuals, are proprietary products or property of 7 Deuce protected under U.S. and other applicable law, and must be used according to the terms of all agreements between you and 7 Deuce. You further acknowledge and agree that as between you and 7 Deuce, all right, title, and interest in and to the this Site, including associated intellectual property rights, and all rights as a compilation, are and shall remain with 7 Deuce. This Agreement does not convey to you any interest in or to the Site or any service provided by it, but only a limited right of use revocable in accordance with the terms of this Agreement. 7 Deuce does not claim ownership of those products and services provided to the Site by contributors. You agree to not provide any confidential or proprietary information received from 7 Deuce to any business entity that may compete with 7 Deuce. Any violation of confidentiality is grounds for immediate termination and/or ban from using the 7 Deuce website and/or services.
PASSWORDS; ACCOUNT SECURITY AND REGISTRATION.
You may create your own account on this Site by completing the online registration process on this Site, and must do so if you would like to make a purchase or engage in any transaction. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the e-mail address associated with your account current because you will not be able to receive messages from us.
Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of this Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt this Site.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
Copyright 2011 7 Deuce Sports Club, LLC. All rights reserved.
All content included on this site, including, but not limited to text, graphics, audio clips, logos, logo design, buttons, images, digital downloads, data compilations, software, html code, xml code, icons, and all names, images and personae of individuals, is property of 7 Deuce or of the owner of such content, and is protected by United States and international copyright and other laws. The compilation of all content on this Site is the exclusive property of 7 Deuce and protected by U.S. and international copyright laws. All software used on this Site is the property of 7 Deuce or its software suppliers and protected by United States and international copyright laws. Unless stated otherwise in the Terms of Use applicable to this Site, use of any material appearing on this Site is prohibited without the prior written consent of 7 Deuce. All inquiries regarding usage requests should be directed to Bold Image Group, LLC, (888) 865-0871.
TRADEMARKS AND TRADE DRESS
7 Deuce Sports Club, the mark “7 Deuce Sports”, the phrase “Where Legends Are Made,” all logos appearing on this Site, and all related design marks, are trademarks or service marks of 7 Deuce Sports Club, LLC, all rights reserved. Page headers, custom graphics, icons and scripts are trademarks or trade dress owned by 7 Deuce. You may not use any of these trademarks, service marks, trade dress, or trade names without our express written permission.
LICENSES
7 Deuce hereby grants you a limited, non-exclusive, non-transferable license to download, view, copy and print documents and graphics incorporated in the Site (the "Materials") subject to the following conditions: (1) the Materials may be used solely for personal, informational, and non-commercial purposes; and (2) the Materials may not be modified or altered in any way. Except to the extent permitted under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, post, reproduce, publish, license, transmit or distribute any information from this Site in whole or in part without the prior written consent of 7 Deuce or any third party that provided information to the Site.
MEMBERSHIPS
All club memberships offered through this Site, whether for purchase or granted on a trial basis, are subject to your agreement to the applicable membership agreement and the terms and conditions of membership, which you must agree to and sign prior to being permitted to use any facilities or services of 7 Deuce. Your membership and use of all facilities or services of 7 Deuce is also subject to all of our rules and regulations
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 7 DEUCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON, PRODUCTS, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM 7 DEUCE, FROM A 7 DEUCE EMPLOYEE OR AGENT, OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
7 DEUCE MAKES NO WARRANTY THAT (1) THIS WEBSITE OR THE GOODS OR SERVICES OF 7 DEUCE WILL MEET YOUR REQUIREMENTS; (2) THIS WEBSITE OR THE SERVICES OF 7 DEUCE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS OR OTHER HARMFUL COMPONENTS, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR THE GOODS OR SERVICES OF 7 DEUCE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE OR 7 DEUCE WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS ON THIS WEBSITE OR IN ITS GOODS OR SERVICES WILL BE CORRECTED.
7 DEUCE WILL NOT BE LIABLE FOR ANY LOSS OF MONEY OR HARM TO GOODWILL OR REPUTATION, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 7 DEUCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MATTER RELATING TO THE SITE.
ANY HEALTH RELATED INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY 7 DEUCE IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FAMILIAR WITH YOUR UNIQUE FACTS. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE OR FROM THE GOODS OR SERVICES PROVIDED BY 7 DEUCE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT OR THERAPY OR COURSE OF EXERCISE.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF 7 DEUCE IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100. IF YOU HAVE A DISPUTE WITH ONE OR MORE PERSONS IN CONNECTION WITH 7 DEUCE, YOU RELEASE 7 DEUCE (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURERS AND EMPLOYEES) FROM ALL CLAIMS, DEMAND AND DAMAGES, ACTUAL AND CONSEQUENTIAL, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTES.
LINKS, THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
The Site may, from time-to-time, provide links to Web sites and access to content from third parties. You agree that 7 Deuce is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.
You agree that 7 Deuce is not responsible for third party content accessible through the Site, including opinions, advice, and statements, and you understand that you bear all risks associated with the use of such content. You agree that 7 Deuce is not responsible for: (1) the quality of third party products or services, and (2) fulfilling any of the terms of your agreement with any third party, including delivery of products or services and warranty obligations related to purchased products or services. You agree that 7 Deuce is not responsible for any loss or damage of any sort you may incur from dealing with any third party, and do not in any way constitute or imply 7 Deuce’s endorsement, sponsorship or recommendation of the third party, its information, products or services.
PROHIBITED ACTS
You agree that you will not use this Site or any material provided to you by 7 Deuce to do or say anything that could harm 7 Deuce or this Site or for any unlawful purpose. 7 Deuce reserves the right to terminate or restrict your access to this Site if, in its opinion, your use of the Site may violate any law, regulations or rulings, infringe upon another person’s rights, or violate these terms. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary rights law, or is vulgar or otherwise offensive.
APPLICABLE LAW
By visiting the Site, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and 7 Deuce.
DISPUTES
Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Burlington County, New Jersey, except that, to the extent you have in any manner violated or threatened to violate 7 Deuce’s intellectual property rights, 7 Deuce may seek injunctive relief or other appropriate relief in any state or federal court in the State of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration pursuant to these Terms of Use shall be joined to an arbitration involving any other party subject to the Terms of Use, whether through class arbitration proceedings or otherwise.
INDEMNITY
You agree to defend, indemnify and hold harmless 7 Deuce, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorney's fees and costs and litigation expenses, arising out of or in any way connected with your access to or use of the Site.
CHANGE, DISCONTINUANCE OF THE SITE, FEES AND SEVERABILITY
7 Deuce reserves the right to make changes to the Site (including permanent or temporary discontinuance of the Site), its policies, and these Terms of Use at any time. 7 Deuce reserves the right to add or change fees, schedules or terms at any time. You agree that 7 Deuce shall not be liable to you or any third party for any such change, amendment, modification, suspension or discontinuance. Any and all portions of the Terms of Use shall automatically apply to all improvements, modifications, changes and/or amendments as they appear on the Site. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. The failure of 7 Deuce to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
PRIVACY
You agree that 7 Deuce may share information provided by you or gathered from you with its sponsors and other interested parties. In addition, any communication or material you transmit to 7 Deuce or to the Site will be treated as non-confidential and non-proprietary, and may be freely used by 7 Deuce for any lawful purpose. Please see our Privacy Policy for further details.
CONSENT TO ELECTRONIC COMMUNICATIONS
By using the 7 Deuce website, you consent to receiving electronic, phone, and mail communications from 7 Deuce. These communications may include notices about your account and information concerning or related to our services. These communications are part of your relationship with 7 Deuce and you are entitled to receive them. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing
NO AGENCY
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Designation of Agent to Receive Notification of Claimed Infringement under the Online Copyright Infringement Liability Limitation Act (Section 202 of the Digital Millennium Copyright Act, (5 USC Section 512)), and 37 CFR Part 201.
Full legal name and address of service provider: 7 Deuce Sports Club, LLC, 175 Route 70, Medford, New Jersey 08005
All names under which the service provider is doing business: 7 Deuce Sports Club, LLC.
The name of the agent designated to receive notification of claimed infringement: Rosa Thomas, This email address is being protected from spambots. You need JavaScript enabled to view it. .
The full address of the agent designated to receive notification: c/o William Thomas, This email address is being protected from spambots. You need JavaScript enabled to view it.
Address and phone number of agent: (877) 7272-FIT, fax: (609) 619-4987.
Electronic mail address:
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