Terms of use

Agreement between User and The McCall Gym Group, Inc.

 

Welcome to americanbarbellclubs.com. The americanbarbellclubs.com website (the "Site") is

comprised of various web pages operated by The McCall Gym Group, Inc. ("The McCall Gym

Group, Inc."). americanbarbellclubs.com is offered to you conditioned on your acceptance

without modification of the terms, conditions, and notices contained herein (the "Terms"). Your

use of americanbarbellclubs.com constitutes your agreement to all such Terms. Please read these

terms carefully, and keep a copy of them for your reference.

 

americanbarbellclubs.com is an E-Commerce Site.

 

The purpose of our website is to market and advertise our health club services to the public.

Visitors to the site can purchase a membership through our portal for use in one of

our business locations.

 

Electronic Communications

Visiting americanbarbellclubs.com or sending emails to The McCall Gym Group, Inc. constitutes

electronic communications. You consent to receive electronic communications and you agree

that all agreements, notices, disclosures and other communications that we provide to you

electronically, via email and on the Site, satisfy any legal requirement that

such communications be in writing.

 

Children Under Thirteen

The McCall Gym Group, Inc. does not knowingly collect, either online or offline, personal

information from persons under the age of thirteen. If you are under 18, you may use

americanbarbellclubs.com only with permission of a parent or guardian.

 

Cancellation/Refund Policy

You, the buyer, may cancel this Agreement at any time prior to midnight of the fifth business

day of the health studio after the date of this Agreement, excluding Sundays and holidays. To

cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram, which states

that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be

sent to: The McCall Gym Group, Inc., 1887 Monterey Road, Suite 150, San Jose, CA 95112.

After receipt of your letter, American Barbell Clubs will refund all monies paid, less any portion

used, within 10 days. We also accept cancellations via email and in-person at our club locations.

Our email cancellation address is: membershipadmin@americanbarbellclubs.com.

 

Links to Third Party Sites/Third Party Services

americanbarbellclubs.com may contain links to other websites ("Linked Sites"). The Linked

Sites are not under the control of The McCall Gym Group, Inc. and The McCall Gym Group,

Inc. is not responsible for the contents of any Linked Site, including without limitation any link

contained in a Linked Site, or any changes or updates to a Linked Site. The McCall Gym Group,

Inc. is providing these links to you only as a convenience, and the inclusion of any link does not

imply endorsement by The McCall Gym Group, Inc. of the site or any association

with its operators.

 

Certain services made available via americanbarbellclubs.com are delivered by third party sites

and organizations. By using any product, service or functionality originating from the

americanbarbellclubs.com domain, you hereby acknowledge and consent that The McCall Gym

Group, Inc. may share such information and data with any third party with whom The McCall

Gym Group, Inc. has a contractual relationship to provide the requested product, service or

functionality on behalf of americanbarbellclubs.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

americanbarbellclubs.com strictly in accordance with these terms of use. As a condition of your

use of the Site, you warrant to The McCall Gym Group, Inc. that you will not use the Site for any

purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner

which could damage, disable, overburden, or impair the Site or interfere with any other party's

use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or

information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of The McCall Gym

Group, Inc. or its suppliers and protected by copyright and other laws that protect intellectual

property and proprietary rights. You agree to observe and abide by all copyright and other

proprietary notices, legends or other restrictions contained in any such content and will not make

any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

The McCall Gym Group, Inc. content is not for resale. Your use of the Site does not entitle you

to make any unauthorized use of any protected content, and in particular you will not delete or

alter any proprietary rights or attribution notices in any content. You will use protected content

solely for your personal use, and will make no other use of the content without the express

written permission of The McCall Gym Group, Inc. and the copyright owner. You agree that you

do not acquire any ownership rights in any protected content. We do not grant you any licenses,

express or implied, to the intellectual property of The McCall Gym Group, Inc. or our licensors

except as expressly authorized by these Terms.

 

International Users

The Service is controlled, operated and administered by The McCall Gym Group, Inc. from our

offices within the USA. If you access the Service from a location outside the USA, you are

responsible for compliance with all local laws. You agree that you will not use the The McCall

Gym Group, Inc. content accessed through americanbarbellclubs.com in any country or in any

manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless The McCall Gym Group, Inc., its officers,

directors, employees, agents and third parties, for any losses, costs, liabilities and expenses

(including reasonable attorney's fees) relating to or arising out of your use of or inability to use

 

the Site or services, any user postings made by you, your violation of any terms of this

Agreement or your violation of any rights of a third party, or your violation of any applicable

laws, rules or regulations. The McCall Gym Group, Inc. reserves the right, at its own cost, to

assume the exclusive defense and control of any matter otherwise subject to indemnification by

you, in which event you will fully cooperate with The McCall Gym Group, Inc. in asserting any

available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or

concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or

otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved

only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a

single neutral arbitrator and administered by the American Arbitration Association, or a similar

arbitration service selected by the parties, in a location mutually agreed upon by the parties. The

arbitrator's award shall be final, and judgment may be entered upon it in any court having

jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of

or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs

and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to

these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,

whether directly or indirectly, including Tort claims that are a result of these Terms and

Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and

enforcement of this provision. The entire dispute, including the scope and enforceability of this

arbitration provision shall be determined by the Arbitrator. This arbitration provision shall

survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class

arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE

THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH

AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE

OTHER. Further, unless both you and The McCall Gym Group, Inc. agree otherwise, the

arbitrator may not consolidate more than one person's claims, and may not otherwise preside

over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. THE MCCALL GYM GROUP, INC. AND/OR ITS SUPPLIERS

MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE MCCALL GYM GROUP, INC. AND/OR ITS SUPPLIERS MAKE NO

REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,

TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,

 

SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE

PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE

MCCALL GYM GROUP, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL

WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL

IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL THE MCCALL GYM GROUP, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR

ANY DIRECT, 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,

PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,

OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON

CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE

MCCALL GYM GROUP, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF

THE POSSIBILITY OF DAMAGES. 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. IF

YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF

THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE

USING THE SITE.

 

Termination/Access Restriction

The McCall Gym Group, Inc. reserves the right, in its sole discretion, to terminate your access to

the Site and the related services or any portion thereof at any time, without notice. To the

maximum extent permitted by law, this agreement is governed by the laws of the State of

California and you hereby consent to the exclusive jurisdiction and venue of courts in California

in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in

any jurisdiction that does not give effect to all provisions of these Terms, including, without

limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and The McCall Gym Group, Inc. as a result of this agreement or use of the Site. The

McCall Gym Group, Inc.'s performance of this agreement is subject to existing laws and legal

process, and nothing contained in this agreement is in derogation of The McCall Gym Group,

Inc.'s right to comply with governmental, court and law enforcement requests or requirements

relating to your use of the Site or information provided to or gathered by The McCall Gym

Group, Inc. with respect to such use. If any part of this agreement is determined to be invalid or

unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers

and liability limitations set forth above, then the invalid or unenforceable provision will be

deemed superseded by a valid, enforceable provision that most closely matches the intent of the

original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the

user and The McCall Gym Group, Inc. with respect to the Site and it supersedes all prior or

contemporaneous communications and proposals, whether electronic, oral or written, between

the user and The McCall Gym Group, Inc. with respect to the Site. A printed version of this

agreement and of any notice given in electronic form shall be admissible in judicial or

administrative proceedings based upon or relating to this agreement to the same extent and

subject to the same conditions as other business documents and records originally generated and

maintained in printed form. It is the express wish to the parties that this agreement and all related

documents be written in English.

 

Changes to Terms

The McCall Gym Group, Inc. reserves the right, in its sole discretion, to change the Terms under

which americanbarbellclubs.com is offered. The most current version of the Terms will

supersede all previous versions. The McCall Gym Group, Inc. encourages you to periodically

review the Terms to stay informed of our updates.

 

Contact Us

The McCall Gym Group, Inc. welcomes your questions or comments regarding the Terms:

The McCall Gym Group, Inc.

1887 Monterey Road, Ste. 150

San Jose, California 95112

 

Email Address:

president@americanbarbellclubs.com

Telephone number:

408-271-2400

Effective as of June 01, 2018