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Disclaimer Welcome to Maverick Athletic Club! This Agreement
(the "Agreement'") is a legal agreement between you and Maverick
Athletic Club that states the terms and conditions under which you may use the
Maverick Athletic Club Web site (the "Site"). Your use of the Maverick
Athletic Club Site constitutes your agreement to the terms and conditions set
forth below. If you do not agree to the terms and conditions do not use the Site. 1.
Maverick Athletic Club Service. The Maverick Athletic Club Service is a
transaction, information and communication service available to authorized users
("users") through a personal computer and communications connection
using Maverick Athletic Club Software. Maverick Athletic Club currently provides
an online information and shopping service, and may in the future provide additional
related services. 2.
License and Proprietary Rights. (a)
Permission is granted to view, electronically copy and to print in hard copy portions
of this web site for your personal, non-commercial use only. Any other use of
materials on this Web site, including the reproduction for purposes other than
those noted above, modification, distribution or reproduction, without the prior
written permission of Maverick Athletic Club is strictly prohibited. Maverick
Athletic Club reserves the right to revoke this authorization at any time, and
any use shall be discontinued immediately on written notice from Maverick Athletic
Club. (b)
Except for public domain material, all material displayed on the Site is copyrighted.
You may reproduce copyrighted materials solely for your own personal use provided
that you preserve any copyright and other proprietary notices contained in or
associated with such information. You may not otherwise copy and may not distribute,
publish, commercially exploit or otherwise transfer such material, in whole or
in part, without the prior consent of the copyright owner. You acknowledge that
Maverick Athletic Club remains the owner of such material and that you do not
acquire any of those ownership rights by downloading copyrighted material. 3.
ID Number and Passwords. Access to the Maverick Athletic Club online shopping
service is accomplished through the use of a user identification number and a
password which you will designate upon registration. Your
password should be kept strictly confidential to prevent unauthorized use. You
agree to notify Maverick Athletic Club promptly of any unauthorized use of your
password and you will remain liable for any use of the Maverick Athletic Club
Service until you notify Maverick Athletic Club of the unauthorized use of your
password. 4.
User Registration Data: Unauthorized Use. You agree to provide Maverick
Athletic Club with accurate, complete and updated information as required by registration
for the Maverick Athletic Club Service ("User Registration Data"), including,
but not limited to, your legal name, billing and delivery addresses, telephone
number, credit card account number and expiration date, and promptly to notify
Maverick Athletic Club of any change in your User Registration Data. You agree
to notify Maverick Athletic Club promptly of any unauthorized use of the Maverick
Athletic Club Service or loss or theft of your credit card. You will remain liable
for any use of the Maverick Athletic Club Service until you notify Maverick Athletic
Club of the unauthorized use, loss or theft. Maverick Athletic Club utilizes
a secure server which encrypts your credit card information so that it cannot
be read as the information travels over the Internet, Once we receive your credit
card information, it is stored in a secure data center. Maverick Athletic Club
will exercise commercially reasonable efforts to ensure that your credit card
information remains confidential, and is available only to personnel who have
a need to know such information in connection with providing you the Maverick
Athletic Club Service. 5.
Payment and Access Expense. You are responsible for, and agree to pay promptly,
all charges to your account, including applicable taxes and purchases by you or
anyone you allow to use the Maverick Athletic Club Service, including your children,
other members of your family or friends.
If you fail to pay any fees or charges when (which could include a
returned check or electronic payment rejected, or a redelivery fee is imposed),
Maverick Athletic Club may charge such amount directly to the credit card identified
in your User Registration Data and Maverick Athletic Club may suspend or terminate
your access to the Maverick Athletic Club Service. You shall be responsible and
liable for any fees, including attorneys' fees and collection costs, that Maverick
Athletic Club may incur in its efforts to collect any unpaid balances from you.
Your right to use the Maverick Athletic Club Service is subject to limits established
by Maverick Athletic Club or by your credit card issuer. If payment cannot be
charged to your credit card or a payment is returned to Maverick Athletic Club
for any reason, including chargeback, Maverick Athletic Club reserves the right
to suspend or terminate your access to the Maverick Athletic Club Service and
your user account. You will provide all equipment and services
and be responsible for all telephone and other charges necessary to access the
Maverick Athletic Club Service. You should contact your local telephone company
if you have a question about whether an access number is a long distance or toll
call from your location. 6.
Changes in Agreement. Maverick Athletic Club may at
any time change any of the terms of this Agreement.
If Maverick Athletic Club makes material changes to this Agreement, Maverick
Athletic Club will provide notice to you in a manner provided in this Agreement.
Your use of the Maverick Athletic Club Service after any such change will be conclusively
deemed acceptance of such change. Maverick Athletic Club may also discontinue
or revise any or all aspects of the Maverick Athletic Club Service without prior
notice to you. If any change is unacceptable to you, you may cancel your Maverick
Athletic Club user account. 7.
Disclaimer of Warranty. YOU EXPRESSLY AGREE THAT USE OF THE MAVERICK ATHLETIC
CLUB SITE AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE MAVERICK ATHLETIC
CLUB SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE"
BASIS AND MAVERICK ATHLETIC CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MAVERICK ATHLETIC CLUB SITE
OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION PROVIDED THROUGH OR IN CONNECTION
WITH THE MAVERICK ATHLETIC CLUB SITE. MAVERICK ATHLETIC CLUBDOES NOT
ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH
INFORMATION, SERVICE OR PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, MAVERICK ATHLETIC CLUB DISCLAIMS ALL SUCH REPRESENTATIONS AND
WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE AVAILABILITY, ACCURACY
OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OF INFORMATION, PRODUCTS OR SERVICES. MAVERICK
ATHLETIC CLUB DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. 8. Limitation of Liability. NEITHER MAVERICK
ATHLETIC CLUB NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES,
AGENTS, REPRESENTATIVES, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS OR LICENSORS
(COLLECTIVELY, "MAVERICK ATHLETIC CLUBASSOCIATES") SHALL BE LIABLE FOR DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE
SITE OR THE INTERNET. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES
TO ALL DAMAGES OF ANY KIND. WITH RESPECT TO ANY OTHER DISPUTE ARISING FROM OR
RELATING TO THE MAVERICK ATHLETIC CLUB SERVICE OR YOUR MAVERICK ATHLETIC CLUB USER ACCOUNT, ANY LIABILITY OF MAVERICK
ATHLETIC CLUB ASSOCIATES TO YOU FOR DAMAGES, LOSSES AND CAUSES
OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EITHER
JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT
PAID BY YOU TO MAVERICK ATHLETIC CLUB IN THE SIX (6) MONTHS PRIOR TO THE CLAIMED
INJURY OR DAMAGE. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR RELATING TO THE
MAVERICK ATHLETIC CLUB SOFTWARE, MAVERICK ATHLETIC CLUB SERVICE OR YOUR MAVERICK ATHLETIC CLUB USER ACCOUNT MAY BE BROUGHT BY YOU MORE THAN
ONE YEAR AFTER THE CAUSE OF ACTION AROSE. IN NO CASE SHALL MAVERICK ATHLETIC CLUB BE LIABLE FOR COMPENSATORY, DIRECT, INDIRECT,
CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT,
LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. ARISING FROM YOUR USE
OF THE MAVERICK ATHLETIC CLUB SERVICE, THE SITE, THE INTERNET OR FOR ANY
OTHER CLAIMS RELATED IN ANY WAY TO YOUR USER ACCOUNT WITH MAVERICK ATHLETIC
CLUB. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR
SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW. 9. Indemnification. You agree to defend,
indemnify and hold Maverick Athletic Club Associates harmless from any claims
and expenses, including attorney's fees, arising in connection with a violation
of this Agreement by you or through use of your account. 10. Termination. Maverick Athletic Club
may suspend or terminate the Maverick Athletic Club Service and/or your user account
at any time for any reason with or without notice to you. You may terminate your
user account and the Maverick Athletic Club Service at any time for any reason
by delivering notice in a manner provided in this Agreement which termination
will be effective the day notice is received or such later date specified in the
notice. 11. Privacy Policy. Your privacy is very
important to Maverick Athletic Club. Maverick Athletic Club does not sell personal
information about individual users (such as name, address, e-mail address) to
third parties, sell or rent lists of users or use information about individual
users outside the scope of the Maverick Athletic Club Service. Maverick Athletic
Club reserves the right to disclose aggregated information regarding its users
and usage of the Maverick Athletic Club Service (such as user demographics and
traffic patterns) to advertisers, partners and others for various purposes. 12. Notices. Maverick Athletic Club may give
notice to you of a change in this Agreement,
and any other matter by general posting on the Maverick Athletic Club web site,
by electronic mail, or by conventional mail to your address contained in the User
Registration Data. You may give notice to Maverick Athletic Club by telephone
(1-817-275-3348), by electronic mail (as specified in the "Contact Us"
section of the Site) or by conventional mail to:
Maverick Athletic Club
1919 W. Pioneer Pkwy.
Arlington,
TX 76013 13. Legal
and Miscellaneous. This Agreement represents your entire agreement
with Maverick Athletic Club regarding the use of the Maverick Athletic Club Site.
You agree that this Agreement is not intended to confer and does not confer any
rights or remedies upon any person other than you and Maverick Athletic Club.
If any portion of this Agreement is held invalid or unenforceable, that portion
shall be construed in accordance with applicable law as nearly as possible to
reflect the original intention of the parties, and the remainder of this Agreement
shall remain in full force and effect. The failure of either party to insist upon
strict performance of any provision of this Agreement shall not be construed as
a waiver of any provision or right. This Agreement and your user account shall
be governed by the laws of the State of Texas without regard to its conflict of
laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute
with Maverick Athletic Club or relating in any way to your user account or your
use of the Maverick Athletic Club Service or Maverick Athletic Club Software resides
in the courts of Texas and you further expressly consent and agree to personal
jurisdiction by the state and federal courts sitting in the State of Texas in
connection with any such dispute, including any claim involving Maverick Athletic
Club Associates. Any cause of action by you must be instituted within one year
after the claim or cause of action has arisen, or be barred.
The provisions of Sections 7, 8 and 9 of this
Agreement are for the benefit of Maverick Athletic Club Associates,
and each shall have the right to assert and enforce the provisions
directly on their own behalf. Sections 7, 8 and 9 of this
Agreement and all obligations and restrictions placed upon
you or your permitted users by this Agreement shall survive
termination of your Maverick Athletic Club user account. |
