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Terms of Use Agreement
This Terms of Use Agreement (“Terms of Use”) applies to use of the http://rochesterathleticclub.com and http://racmn.com website located at http://rochesterathleticclub.com/ and http://racmn.com (the “Site”). The Site is owned, operated and maintained by Rochester Athletic Club, Inc. a Minnesota based S-Corp (“RAC”).
ACCEPTANCE OF TERMS
This Site, and its related services, are offered to you and conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices. Your use of a particular section of the Site may also be subject to additional terms, as set forth in such section. Further, you agree to be bound by any additional terms (“Additional Terms”), which may be required by RAC, with respect to any individual services that you request from us.
In the event that any of the terms, conditions and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Site or with any terms included with any services requested from RAC, then these Terms of Use shall control.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form and other relevant forms. You further agree that such information will be updated to keep it accurate.
If you do not agree with these Terms of Use or any revised policy, please exit the Site immediately.
REPRESENTATIONS BY YOU
By visiting the Site, you represent, warrant, and covenant, that (a) you are at least 16 years old; and (b) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate, defame, slander, or infringe upon the rights of any third party including, but not limited to, trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
LICENSE GRANTED BY YOU
By providing content or information to us, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide license, in perpetuity, to use and exploit, in all languages all or any part of the content and materials provided by you, or derivative works developed from such content. We may publish and distribute any such submitted content or materials, at our sole discretion, by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual, direct, or indirect infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or material you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
LAWS AND REGULATIONS
Your access and use of the Site is subject to all applicable international, Federal, state, and local laws and regulations.
ELECTRONIC COMMUNICATION
When you visit the Site or send e-mail communications to RAC through the Site, you are communicating with us electronically and, as such, you consent to receive communications from us electronically. We will communicate with you by e-mail, facsimile, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that RAC provides to you electronically satisfy any legal requirements that such communication be in writing.
SITE LICENSE AND ACCESS
RAC grants you a limited, non-exclusive, non-transferable and revocable license to access and make personal use of the Site, and not to download or modify it, or any portion of it, except with the express written consent of RAC. This license does not include: (i) any resale or commercial use of the Site or its contents; (ii) any collection and use of any product listings, images, descriptions or prices; (iii) any derivative use of this site or its contents; (iv) any downloading or copying of account information; or (v) any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, without the express written consent of RAC.
Any unauthorized use of this Site terminates the permission or license granted by RAC. You also agree that RAC may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of the Site or any product or service offered on or through the Site, (4) violations of these Terms of Use, (5) failure to pay for purchases or membership dues, (6) suspected or actual intellectual property infringement, (7) unexpected operational difficulties, (8) requests by law enforcement or other government agencies, (9) RAC learns that you provided inaccurate or incomplete information in violation of these Terms of Use, or (10) any other violation of applicable federal, state, or local laws or regulations. You agree that RAC, or its affiliates will not be liable to you or to any third party for termination of your access to the Site.
ACCOUNTS
When registering for access to certain areas of the Site, you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account. You are fully responsible for all activities that occur under your password in your account.
By logging into the Site, you agree that: (i) you are of appropriate age and the customer who registered for the services; (ii) you are using the services only for permitted purposes; (iii) you are not a competitor of RAC or an agent of such a competitor; and (iv) you will immediately notify RAC of any unauthorized use of the password or account, or any other breach of the Site’s security. Please notify info@rochesterathleticclub.com with subject line "Web Account Problems" of any potential unauthorized use(s) of your password, account or breach of security.
You also acknowledge that: (i) you will not select or use a user name of another person with intent to impersonate that person; (ii) you will not select or use a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or use a user name that RAC in its sole discretion deems offensive.
RELIANCE
Reliance on techniques, ideas, and suggestions provided on the Site are performed at the web viewer’s sole discretion and risk.
IMPORTANT NOTICE REGARDING HEALTH-RELATED INFORMATION ON THE SITE
Any information provided by RAC through the Site in any manner or forum serves as a general reference and is not medical advice nor should it be treated as such. You agree that no health information provided will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed physician. You agree not to change a prescribed or recommended form of medical treatment in reliance on any information found on the Site in any manner. Application or reliance on the techniques, ideas, and suggestions accessed through the Site in any manner or forum is at your sole discretion and risk. Likewise, prior to engaging in, modifying, or deviating from any exercise program or activity, you should seek the advice of your physician or other qualified health professional.
MODIFICATION OF THESE TERMS OF USE
We reserve the right to change the terms, conditions, and notices concerning use of the Site, without notice. You are responsible for regularly reviewing these Terms of Use and Additional Terms posted on other sections of the Site. Your continued use of the Site constitutes your agreement to all such terms, conditions, and notices.
SERVICE MARKS AND TRADEMARKS
All trademarks and service marks that appear, from time to time, on the Site (“Trademarks”) are trademarks or registered trademarks of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RAC or its affiliates.
The Trademarks are valuable assets of their respective owners and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to their respective owners and, as such, may only be used by their respective owners, licensees, or other authorized persons or entities for the benefit of their respective owners, and only in connection with the products and services authorized by their respective owners. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that dilutes its value is likely to cause confusion among consumers, or in any manner that disparages, discredits, or falsely describes RAC or its affiliates or subsidiaries, is strictly prohibited.
You may not use any of the Trademarks, in any manner, without the prior written consent of their respective owners. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without further notice.
COPYRIGHT
All information that is displayed or made available to view and/or download in connection with the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, site architecture, the look and feel of the Site, and the manner and linking of internal webpages on the Site (collectively, “Content”) and software (“Software”), is owned by, and is the copyrighted work of, RAC and/or its suppliers, and is protected by United States and international copyright laws. The compilation of all content on the Site, including, without limitation, user created content (product reviews, testimonials, forum posts, blog comments, product ratings, etc.) is the exclusive property of RAC and is protected by United States of America and international copyright laws. All Software used on the Site is the property of RAC and/or its software suppliers and is protected by United States of America and international copyright laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content or Software available on or through the Site for commercial, private or public purposes.
Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible according to applicable law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
RAC takes allegations of copyright infringement and requests to remove copyrighted materials very seriously. RAC will investigate and comply with the notice and takedown procedures of the DMCA. RAC’s policies are designed to investigate and cooperate with copyright owners to ensure that registered works are not used or disseminated in violation of the owners’ copyrights.
DESIGNATED DMCA AGENT FOR NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
NAME: Matt Remick
ADDRESS: Rochester Athletic Club
3100 19th Street NW
Rochester, MN 55901
EMAIL: mremick@rochesterathleticclub.com
PHONE: (507) 282-6000
FAX: (507) 287-9327
PRODUCT DESCRIPTIONS
RAC and its affiliates attempt, in good faith, to be as accurate as possible with descriptions of the featured products on the Site (the “Products”). However, RAC does not warrant that the descriptions of the Products are accurate, complete, reliable, current, or error-free. Further, RAC does not warrant that any of the Products are suited for a particular purpose or that they will work for any member’s intended purpose. Prices for the Products, and related discounts thereto, may be changed at any time by RAC. If the Products presented on the Site are not as described, your sole remedy is to return such Products in compliance with the Return Policy.
RETURN POLICY AND REFUNDS
Products in like new condition with original packaging and tags may be exchanged or returned for a full refund up to 30 days from the original date of purchase. Refunds will be made pursuant to the same method of payment for the purchase of Products so long as the member presents an original receipt of purchase. Refunds will be made through store credit for use at the Pro Shop, if the member is unable to present an original receipt of purchase. The Rochester Athletic Club bills dues one month in advance. If you terminate you membership, per RAC policy of the 20th of the month prior to the month you wish to terminate your membership, and if you have paid for the next month's dues, the RAC will refund the next months dues using the same payment method you used to pay for the dues. We do not refund partial month's dues, or allow cancellation of partial months.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION, CONTENT, AND SOFTWARE INCLUDED OR DESCRIBED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. RAC IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. NOTWITHSTANDING THE FOREGOING, CHANGES ARE PERIODICALLY MADE TO THE SITE AND TO THE INFORMATION THEREIN, INCLUDING, BUT NOT LIMITED TO, THE PRICE OF PRODUCTS AND SERVICES. RAC AND/OR ITS RESPECTIVE SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
RAC AND ITS RESPECTIVE SERVICE PROVIDERS, AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. RAC AND/OR ITS RESPECTIVE SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL RAC OR ITS RESPECTIVE SERVICE PROVIDERS, AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF RAC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, RAC’S TOTAL LIABILITY TO YOU FOR DIRECT DAMAGES OR OTHERWISE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO RAC FOR PRODUCTS IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST RAC, OR THE MAXIMUM EXTENT PERMITTED BY LAW, WHICHEVER IS LOWER.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
INDEMNIFICATION
You agree to indemnify and hold harmless RAC and its subsidiaries, affiliates, agents, directors, officers and employees, from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to, or arising out of, your use of the Site and/or any information (text or graphical), software, or services obtained through the Site and/or from RAC.
VIOLATION OF TERMS OF USE
RAC reserves the right to seek any and all remedies, at law, in equity or by statute, for violations of these Terms of Use, including the right to block access from a particular Internet address or for particular users to the Site.
JURISDICTION AND VENUE
Except as noted below, all disputes against RAC, including, but not limited to, disputes as to these Terms of Use, the site license, site access restriction and/or termination, RAC’s trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes, member accounts, privacy, product descriptions, pricing, and disclaimer of warranties shall be governed under the internal substantive laws of Minnesota, and you hereby irrevocably consent to the exclusive jurisdiction and venue in the appropriate state and Federal courts located in Olmsted County, Minnesota.
Use of the Site is unauthorized in any jurisdiction that does not give effect to any and all provisions of these Terms of Use, including, without limitation, this paragraph.
SEVERABILITY
If any of the provisions in these Terms of Use shall be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that provision is illegal, invalid, or unenforceable, it shall be severed and deleted from the clause and the remaining provisions shall survive, remain in full force and effect and continue to be enforceable and binding.
ELECTRONIC RECORDS AND COMMUNICATIONS
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CUSTOMER SERVICE
We welcome your feedback. If you have any questions or comments regarding these Terms of Use, the Privacy Policy or the Site, please contact us at info@rochesterathleticclub.com .
