NAFFL Youth Flag Football
EBH Fitness LLC, d/b/a National Adult Flag Football League (“NAFFL”), and NAFFL affiliates and subsidiaries, including without limitation NAFFL, NAFFL Youth Football, Sun City Showcase (SCS), Top Gun Elite Showcases (TGES), Howard Family Media Group (HFMG), Fieldhouse Sports Entertainment Network (FSEN) (collectively EBH Fitness) welcomes you to (the “Website”). The following terms and conditions (the “Terms and Conditions”), including:
You may access and view the content on the Website on your computer or other device. Unless otherwise specifically indicated in these Terms and Conditions, use of the Website and the products or services offered on or through the Website are only for your personal, non-commercial use.
PROPRIETARY RIGHTS AND OWNERSHIP
As between you and EBH Fitness, EBH Fitness (or its affiliates, subsidiaries, providers, or third party licensors, as applicable) owns, solely or exclusively, all rights, title and interest, worldwide, in and to the Website, all data, content, graphics, artwork, images, photographs, code, audio clips, video clips, software and other material on, in or made available through the Website (the “Website Material”), as well as the look and feel, design, selection, coordination, arrangement, and organization of the Website Material (together with the Website Material, the “Website Proprietary Content”), including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Under no circumstances will you have any rights of any kind in or to the Website or the Website Proprietary Contents, other than the right to view or use the Website in accordance with these Terms and Conditions. The entire contents of this Website are protected by U.S. and international copyright and trademark laws. Except as provided herein, EBH Fitness does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. Reliance on any information provided by EBH Fitness, EBH Fitness employees, or others appearing on the Website at the invitation of EBH Fitness, or other visitors to the Website is solely at your own risk.
To the extent applicable, all comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to EBH Fitness on or by the Website or otherwise disclosed, submitted or offered in connection with your use of the Website (collectively, “Submissions”) shall be and remain EBH Fitness's property. Such disclosure, submission or offer of any Submission shall constitute an assignment to EBH Fitness of all worldwide right, title and interest in all copyrights and other intellectual properties in the Submission meaning EBH Fitness shall be free to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Website (such as bulletin boards, forums, and newsgroups) or by e-mail to email@example.com. EBH Fitness is and shall be under no obligation (i) to maintain any Submissions in confidence; (ii) to pay to any user any compensation for any Submissions; or (iii) to respond to any user Submissions. You agree that none of the Submissions submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Submissions submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions made by you. You also grant to the Website the right to use your name in connection with any of your publicly submitted Submissions on or through the Website for its advertising, marketing and promotional purposes. You agree that you shall have no recourse against EBH Fitness or the Website for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions on, to, or through the Website.
Without limiting the generality of the foregoing, EBH Fitness shall have the right to:
· Remove or refuse to post any Submissions for any or no reason in its sole discretion;
· Take any action with respect to any Submissions that EBH Fitness deems necessary or appropriate in its sole discretion, including if EBH Fitness believes that such Submission violates these Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for EBH Fitness;
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and/or
· Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, EBH Fitness has the right to fully cooperate with any law enforcement authorities or court order requesting or directing to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS EBH FITNESS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
All users who access, view or otherwise use the Website agree not to do any of the following:
i. Submit, transmit, post or publicly display material or information which is (1) incomplete, false, inaccurate; (2) indecent, hateful, discriminatory or inflammatory, which will infringe any person's intellectual property rights or confidence, impinge upon any person's privacy, or constitute incitement to commit a crime; or (3) misleading, deceptive, defamatory, obscene, sexually explicit, threatening, abusive, harassing or menacing, harms minors in any way, or promotes illegal or harmful activities, products or substances, or breaches any applicable local, national or international law o regulation;
ii. Use the website for any purpose related to marketing, solicitation, or commercial exploitation of any image or other website Material express prior consent with EBH Fitness, including any commercialized reproduction, distribution, publishing, or creation of derivative works, which is strictly prohibited;
iii. Use the website to copy, publish or send mass mailings or spam;
iv. To interfere in any way with the Website's or attempting to use the Website's services to gain unauthorized access to an other computer system.
v. Access, tamper with, or use non-public areas of EBH Fitness' services, EBH Fitness' computer systems, or the technical delivery systems of EBH Fitness' service providers;
vi. Interfere with the normal operations of the Website or other user's access the Website, including transmitting any virus or harmful code, flooding the Website with excessive requests or traffic, or taking any another action that creates (in EBH Fitness' sole estimation) an unreasonable or disproportionately large load on EBH Fitness' servers and systems;
vii. Use any robot or any automatic or manual process to monitor or extract data from the Website without EBH Fitness' express prior written permission;
viii. Use any meta-tags or other hidden text or metadata containing any EBH Fitness trademark, service mark, product name, or URL without EBH Fitness' express prior written permission;
ix. Breach, disable or circumvent any security or authentication measure on or in connection with the Website;
x. Use any trademarks, service mark, product name, logo, trade dress, or design that is in an way confusingly similar to any EBH Fitness trademark, service mark, product name, or logo, or to the look and feel of the Website; or
xi. Remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source ownership of any image or other Website Proprietary Content. EBH Fitness will have the right to investigate and prosecute violations of any of the foregoing to the fullest extent of the law. EBH Fitness cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, EBH Fitness assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Website or participation in the Services is at your sole risk. Neither EBH Fitness, its affiliates or subsidiaries, nor any of their respective members, managers, officers, directors, employees, agents, third-party content or service providers, suppliers, contractors or licensors (collectively, “Providers”), or the like, warrant that this Website or the Services will be uninterrupted or error-free or injury-free; nor do they make any warranty as to the results that may be obtained from the use of this Website or receipt of the Services, or as to the accuracy, completeness, reliability, security, or currency of the Website Material, content, products, or services on this Website.
The Website Material may contain errors, omissions, inaccuracies, or outdated information. Further, EBH Fitness does not warrant reliability of any statement or other information displayed or distributed through the Website. EBH Fitness reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website or the Services. EBH Fitness may make any other changes to this Website, the Services, the Website Material and the products, programs, services, or prices (if any) described in this Website at any time without notice.
THIS WEBSITE AND THE SERVICES AND THE WEBSITE MATERIAL ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. EHB FITNESS MAKES NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SERVICES OR THE WEBSITE MATERIALS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EBH FITNESS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE SERVICES OR ANY OF THE WEBSITE MATERIALS OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE OR SERVICES GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT EBH FITNESS AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR RECEIPT OF THE SERVICES OR YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL EBH FITNESS OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR THE WEBSITE MATERIAL ON THIS WEBSITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR THIS WEBSITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THESE TERMS AND CONDITIONS, REGARDLESS OF WHETHER EBH FITNESS OR ITS AFFILIATES, SUBSIDIARIES, LICENSORS, PROVIDERS OR THE LIKE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LINKS AND DISCLAIMERS
You understand that, except for information, products or services clearly identified as being supplied by EBH Fitness, EBH Fitness does not operate, control or endorse any website, information, products or services on the Internet in any way. Information, products, websites, or services listed on, or linked to, the Website may be offered by third parties, that are not affiliated with EBH Fitness. As a convenience to you, EBH Fitness may provide on this Website links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Website. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Additionally, EBH Fitness cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by EBH Fitness. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by EBH Fitness. EBH Fitness does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by EBH Fitness. Links do not imply that EBH Fitness or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of EBH Fitness or any of its affiliates or subsidiaries. Except for links to information authored by EBH Fitness, EBH Fitness is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. EBH Fitness reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
Additionally, EBH Fitness may select certain websites as priority responses to search terms you enter, and EBH Fitness may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. EBH Fitness does not recommend and do not endorse the content on any third-party websites. EBH Fitness is not responsible for the content of Linked Sites, sites framed within the Website, third-party sites provided as search results, or third-party advertisements and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions for such sites. EBH Fitness does not endorse any product advertised on the Website.
You agree to indemnify, defend, and hold harmless EBH Fitness and EBH Fitness Providers from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Website, receipt of the Services, violation of these Terms and Conditions, violation of any law or regulation, or violation of any proprietary or privacy right.
EBH Fitness reserves the right to change, modify, add, remove or discontinue any and all of the Website Materials or the Website or the Services in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time in EBH Fitness' sole discretion. EBH Fitness will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by EBH Fitness to the Website or any of the Website Materials or the Services.
EBH Fitness may revise these Terms and Conditions at any time and you agree to be bound by the revised Terms and Conditions. Any such modifications will become effective on the date they are first posted to this Website. It is your responsibility to return to these Terms and Conditions from time to time to review the most current version. EBH Fitness does not and will not assume any obligation to notify you of changes to these Terms and Conditions.
By continuing to use the Website or receive the Services after any changes to the Website, Website Materials, or these Terms and Conditions, you agree to such changes and/or the updated Terms and Conditions. If you do not agree to any changes made by EBH Fitness to the Website, Website Materials, or these Terms and Conditions, you will no longer be permitted to use the Website or receive the Services.
LIMITATIONS ON CLAIMS
Any cause of action you may have with respect to your use of this Website or receipt of the Services must be commenced within six (6) months after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, EBH Fitness may immediately discontinue, suspend, terminate, or block your and any user’s access to this Website or receipt of the Services at any time in EBH Fitness’s sole discretion.
CONTROLLING LAW AND INTERNATIONAL USERS
These Terms and Conditions are governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. EBH Fitness makes no representation that the materials are appropriate or available for use outside the United States. Access to the Website or Website Materials or receipt of the Services may not be legal by certain persons or in certain countries. If you access this Website or receive the Services from outside the United States, you do so at your own risk and will be responsible for compliance with all local laws in your jurisdiction. You agree to comply with all laws and regulations applicable to your use of this Website or receipt of the Services.
(READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS)
ANY DISPUTE, CLAIM, QUESTION, CONTROVERSY OR DIFFERENCE RESULTING FROM THE USE OF THIS WEBSITE, THESE TERMS AND CONDITIONS OR THE RECEIPT OF SERVICES, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, TERMINATION, CANCELLATION, VALIDITY OF THESE TERMS AND CONDITIONS, OR ENFORCEMENT OF THESE TERMS AND CONDITIONS, SHALL BE REFERRED TO AND FINALLY RESOLVED BY BINDING ARBITRATION THROUGH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO THE RULES OF AAA. IN THE EVENT OF A DISPUTE, A USER OF THE WEBSITE AND/OR SERVICES MAY DELIVER A NOTICE TO EBH FITNESS THAT USER INTENDS TO SUBMIT SUCH DISPUTE TO ARBITRATION TO Registrations@nationalaffl.com (“ARBITRATION NOTICE”). THE ARBITRATION NOTICE MUCH SET OUT THE BASIS FOR THE DISPUTE AND REASONABLE DETAILS TO SUPPORT THE EXISTENCE OF A DISPUTE.
WITHIN TEN (10) DAYS OF EBH FITNESS' RECEIPT OF THE ARBITRATION NOTICE, THE PARTIES TO THE DISPUTE SHALL ATTEMPT TO APPOINT A MUTUALLY ACCEPTABLE ARBITRATOR. IF THE PARTIES ARE UNABLE TO AGREE ON AN ARBITRATOR, THEN EACH PARTY SHALL EACH CHOOSE AN ARBITRATOR FROM A LIST PROVIDED BY THE AAA. THE TWO ARBITRATORS SO SELECTED SHALL THEN SELECT A THIRD ARBITRATOR MUTUALLY SATISFACTORY TO THEM FROM THE LIST PROVIDED BY THE AAA. THE SINGLE ARBITRATOR SO SELECTED BY THE AFORESAID PROCEDURE SHALL HEAR THE DISPUTE AND DECIDE IT.
THE ARBITRATION TRIBUNAL SHALL CONSIST OF A SINGLE ARBITRATOR. THE ARBITRATION PROCEEDINGS SHALL BE HELD AT THE OFFICE OF THE AAA CLOSEST TO EBH FITNESS' PRINCIPAL EXECUTIVE OFFICE IN EL PASO COUNTY, STATE OF TEXAS ON THE DATE OF THE ARBITRATION NOTICE, OR SUCH OTHER PLACE MUTUALLY AGREED BY THE PARTIES AND ARBITRATOR. ALL DISPUTES REFERRED TO ARBITRATION (INCLUDING THE SCOPE OF THE AGREEMENT TO ARBITRATE AND CONFLICT OF LAWS DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN. THE PARTIES SHALL BE ENTITLED TO DISCOVERY IN ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE.
EACH PARTY SHALL INITIALLY BEAR AN EQUAL PORTION OF THE ADMINISTRATIVE COSTS OF ARBITRATION, INCLUDING ARBITRATOR’S FEES. HOWEVER, AT THE CONCLUSION OF THE ARBITRATION PROCEEDINGS, AND AS PART OF THE ARBITRATION AWARD, IN ADDITION TO ANY OTHER DETERMINATIONS AUTHORIZED BY THIS AGREEMENT, THE ARBITRATOR SHALL HAVE THE JURISDICTION TO AWARD THE COSTS OF THE ARBITRATION, INCLUDING HIS OR HER OWN FEES AND EXPENSES AND THE FEES AND EXPENSES OF EACH PARTY TO THE DISPUTE IN PREPARING THEIR CASE, AND TO DIRECT THE PAYMENT OF INTEREST IN RESPECT OF ANY AWARD AT SUCH RATE AND FROM SUCH DATE AS HE OR SHE DEEMS APPROPRIATE.
THE ARBITRATION AWARD SHALL BE MADE IN WRITING WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THE DISPUTE WAS REFERRED TO SUCH ARBITRATOR. EVERY AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES, NOT SUBJECT TO APPEAL. THE PARTIES IRREVOCABLY SUBMIT TO PERSONAL JURISDICTION OF THE STATE COURT AND THE FEDERAL COURT HAVING JURISDICTION OVER OAKLAND COUNTY, STATE OF TEXAS, IN ANY ACTION OR OTHER LEGAL PROCEEDING TO ENFORCE ANY AWARD MADE BY THE ARBITRATOR. THE ARBITRATOR’S AWARD MAY BE CONFIRMED AND ENTERED AS A FINAL JUDGMENT IN THE COURTS AND ENFORCED IN ACCORDANCE WITH THE ARBITRATION STATUTES OF THE STATE OF TEXAS.
THE ARBITRATION SHALL BE KEPT CONFIDENTIAL AND THE EXISTENCE OF THE PROCEEDING AND ANY ELEMENT OF IT (INCLUDING ANY PLEADINGS, BRIEFS OR OTHER DOCUMENTS SUBMITTED OR EXCHANGED, ANY TESTIMONY OR OTHER ORAL SUBMISSIONS AND ANY AWARDS) SHALL NOT BE DISCLOSED BEYOND THE ARBITRATOR, THE PARTIES, THEIR LEGAL COUNSEL, EXPERTS AND CONSULTANTS AND ANY PERSON NECESSARY TO CONDUCTING THE PROCEEDING EXCEPT AS MAY LAWFULLY BE REQUIRED IN JUDICIAL PROCEEDINGS RELATING TO THE ARBITRATION.
COLLECTIVE, CLASS, & REPRESENTATIVE ACTION WAIVER
(READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS)
YOU IRREVOCABLY WAIVE: (i) ALL RIGHT TO FILE A COLLECTIVE, CLASS, OR REPRESENTATIVE ACTION SUIT OR ARBITRATION AGAINST NFF; (ii) ALL RIGHT TO BE APPOINTED A CLASS PLAINTIFF OR REPRESENTATIVE IN ANY COLLECTIVE, CLASS OR REPRESENTATIVE ACTION OR ARBITRATION AGAINST NFF; (iii) ALL RIGHT TO BE INCLUDED AS A CLASS MEMBER IN ANY COLLECTIVE, CLASS, OR REPRESENTATIVE ACTION OR ARBITRATION AGAINST NFF. YOU SPECIFICALLY AND EXPRESSLY AGREE THAT ANY AND ALL CLAIMS BY YOU AGAINST NFF IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) WILL BE RESOLVED ON AN INDIVIDUAL BASIS.
WAIVER OF TRIAL BY JURY OR JURY
(READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS)
YOU IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JUDGE OR JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR RECEIPT OF THE SERVICES OR THE ACTIONS OF NFF IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF AND THEREOF. ALL DISPUTES MUST BE SUBMITTED TO ARBITRATION PURSUANT TO THE ARBITRATION PROVISION ABOVE.
These Terms and Conditions, including the NAFFL Rules that have been expressly incorporated by reference herein, constitute the entire agreement between EBH Fitness and you with respect to this Website and the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and EBH Fitness with respect to this Website and the Services. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of these Terms and Conditions to be unenforceable, that provision, or portion thereof, shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, waiver, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from EBH Fitness solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent or waiver will be legally binding and enforceable and the legal equivalent of your handwritten signature.
The following provisions shall survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Proprietary Rights and Ownership; Disclaimer of Warranty; Limitation of Liability; Limitations on Claims; Links and Disclaimers; Indemnification; Controlling Law, and International Users; Changes; Arbitration; Collective, Class and Representative Action and Arbitration Waiver; Waiver of Trial by Judge or Jury; Refund Policy; Entire Agreement; Electronic Communications and Electronic Signatures; and Survival.
May 25, 2022
NAFFL Terms and Conditions