To accommodate our members, we are temporarily changing club hours given the recent decision of the city to limited access to downtown through the weekend. Therefore, the Club will close at 9 pm Thursday and Friday this week, and open at 6 am on Friday and Monday. Our weekend hours (7 am - 7 pm) are not affected.
ACCEPTANCE OF TERMS
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REPRESENTATIONS BY YOU
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LAWS AND REGULATIONS
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SITE LICENSE AND ACCESS
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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 EBCV or an agent of such a competitor; and (iv) you will immediately notify EBCV of any unauthorized use of the password or account, or any other breach of the Site’s security. Please notify email@example.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 EBCV in its sole discretion deems offensive.
IMPORTANT NOTICE REGARDING EXERCISE, HEALTH AND OTHER INFORMATION ON THE SITE
You acknowledge, by your use of this Site, that your use of this Site is at your sole risk, and that EBCV will not be liable for any claims, obligations or damages of any kind related to your use of this Site. You agree that no exercise, health or dietary information provided will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed physician or other qualified health professional. You agree not to change a prescribed or recommended form of medical treatment, or any dietary requirements, in reliance on any information found on the Site. 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.
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 EBCV 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 EBCV 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.
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, EBCV 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 EBCV and is protected by United States of America and international copyright laws. All Software used on the Site is the property EBCV 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
EBCV takes allegations of copyright infringement and requests to remove copyrighted materials very seriously. EBCV will investigate and comply with the notice and takedown procedures of the DMCA. EBCV’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
EBCV 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, EBCV does not warrant that the descriptions of the Products are accurate, complete, reliable, current, or error-free. Further, EBCV 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 EBCV. 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.
You may use an East Bank Club Gift Card (“Gift Card”) only to purchase authorized Products. EBCV in its sole discretion shall determine what Products members may purchase with a Gift Card. Your use of a Gift Card is limited to the current dollar value held on the card. Gift Cards may not be redeemed for cash, except to the extent required by law. EBCV recommends that you protect your Gift Card as if it were cash and safeguard the Gift Card from unauthorized use. Except where required by applicable law, EBCV is responsible for and will not replace any Gift Cards if lost, stolen, damaged or destroyed.
You may not return, resell or use any Gift Card for any unauthorized advertising, marketing, sweepstakes or other promotional purposes. EBCV reserves the right, in its sole discretion, to suspend or terminate use of any Gift Card if it suspects any fraud or misuse of a Gift Card. EBCV may cancel the Gift Card at any time, without notice.
The consideration paid for the Gift Card, including any unredeemed balances, is the property of EBCV.
EBCV assumes no responsibility for any loss of any kind arising out of the use of any Gift Card. In the event a Gift Card is not functional, your sole remedy, and EBCV’s sole liability, shall be the replacement of the Gift Card at its then-current value.
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.
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. EBCV 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. EBCV AND/OR ITS RESPECTIVE SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
EBCV AND ITS RESPECTIVE SERVICE PROVIDERS, AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (THE “EBCV PARTIES”) 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. EBCV AND/OR THE EBCV PARTIES 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 EBCV OR THE EBCV PARTIES 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 COMMUNICATIONS, INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF EBCV OR ANY OF THE EBCV PARTIES HAVE 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, EBCV’S TOTAL LIABILITY TO YOU FOR DIRECT DAMAGES OR OTHERWISE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO EBCV FOR PRODUCTS IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST EBCV, OR THE MAXIMUM EXTENT PERMITTED BY LAW, WHICHEVER IS LOWER.
You agree to indemnify and hold harmless EBCV 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 EBCV.
JURISDICTION AND VENUE
ELECTRONIC RECORDS AND COMMUNICATIONS