EVOLUTION HEALTH CLUB TERMS AND CONDITIONS OF USE OWNERSHIP
EVOLUTION HEALTH CLUB reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator at Info@EvolutionHealthClubOrmond.com with your concerns.
ACCESS AND USE
All materials contained in this Site are protected by U.S. and international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches, or monitor any portion of the EVOLUTION HEALTH CLUB website.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of EVOLUTION HEALTH CLUB or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting EVOLUTION HEALTH CLUB in writing at Business & Legal Affairs EVOLUTION HEALTH CLUB at 1 South Old Kings Rd, Omrond Beach, Fl 32174 or email atInfo@EvolutionHealthClubOrmond.com.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
You agree that any Message whatsoever submitted by you becomes the property of EVOLUTION HEALTH CLUB and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as EVOLUTION HEALTH CLUB sees fit.
If unsolicited submissions are sent to EVOLUTION HEALTH CLUB via this Site, these submissions become the property of EVOLUTION HEALTH CLUB and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as EVOLUTION HEALTH CLUB sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against EVOLUTION HEALTH CLUB, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
LINKED SITES AND ADVERTISING
If you are interested in creating hypertext links to this Site, you must contact EVOLUTION HEALTH CLUB Marketing at 1 South Old Kings Rd, ORMOND Beach, Fl, 32174 before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or EVOLUTION HEALTH CLUB, including its respective employees, agents, directors, officers and shareholders.
EVOLUTION HEALTH CLUB does not endorse and takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. EVOLUTION HEALTH CLUB reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone linking to our website.
EVOLUTION HEALTH CLUB reserves the right to immediately terminate your use of, or access to, this Site at any time if EVOLUTION HEALTH CLUB decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that EVOLUTION HEALTH CLUB considers to be inappropriate or unacceptable.
DISCLAIMER OF LIABILITY AND WARRANTIES
While EVOLUTION HEALTH CLUB does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. To the maximum extent permitted by law, the Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that EVOLUTION HEALTH CLUB DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that EVOLUTION HEALTH CLUB, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that EVOLUTION HEALTH CLUB is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that EVOLUTION HEALTH CLUB is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
Evolution Health Club will not store or sell your personal payment information with any other entities or third parties. Purchases on our website are secure and meet all safety standards set by the PCI Compliance. Receipts for purchases will be emailed once the order is fulfilled. Shipping of goods purchased online will be mailed within five (5) business days of the original order purchase date, excluding bank holidays and observed gym time off. Cancellations of online purchases will be processed within three (3) business days of the purchase and will be refunded to the same account used for the purchase.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. . YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to defend, indemnify and hold harmless EVOLUTION HEALTH CLUB, its parents and affiliates together with their respective franchisees, employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
SWEEPSTAKES AND/OR CONTESTS
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any principles of conflicts of law.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Evolution Health Club Attn: Legal Department, 1 South Old Kings Rd, ORMOND Beach, Fl, 32174 (in the case of Evolution Health Club) or to the email address you provide to Evolution Health Club during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Evolution Health Club during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and EVOLUTION HEALTH CLUB, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and EVOLUTION HEALTH CLUB agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with the provisions below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action. The arbitration shall be conducted in Dallas County, Texas, on a confidential basis pursuant to the Federal Arbitration Act. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction.
You agree that this Agreement and all incorporated agreements may be automatically assigned by EVOLUTION HEALTH CLUB in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.