Terms of Service
Oak Health Club Terms of Service
You may use the Oak Health Club website (this “Website”) according to these Terms of Service. Oak Health Club is permitting you to use the Website for personal, non-commercial purposes and your use is revocable, non-exclusive and non-transferable. By accessing and using the Website, you agree to be legally bound to these Terms of Service. Please do not use the Website if you do not agree with these Terms of Service.
The Website is intended solely for users located within the United States.
Oak Health Club may monitor the Website from time to time, and use the monitoring results for any legal purpose.
You may print a reasonable number of copies of the Website content and information on the Website for your personal use, and Oak Health Club shall retain all proprietary copyright and trademark notices in those copies. All rights, title and interest in and to all portions of and content on the Website, including all intellectual property rights, such as copyright, trademark, patent and trade secret rights are the property of Oak Health Club, as between you and Oak Health Club. No ownership interest is transferred to you, or any other entity, by permitting you to use the Website. The Website may include intellectual property of third-parties, such as trademarks, copyrights, or logos, and no ownership interest is transferred to you, or any other entity, by permitting you to use the Website.
In the event that you violate or are believed to have violated any of these Terms of Service, Oak Health Club may terminate your permissions to use the Website at any time for any reason. Upon termination of permissions, you must destroy any copies of any content or information on the Website you may have made in your possession.
Copyright infringement – DMCA notice
The Digital Millennium Copyright Act of 1998 of the US Copyright laws (the “DMCA”) allow the owner or author materials to object to the use of such materials on a website. You may bring a good faith objection to the use of materials you claim to own to Oak Health Club’s attention by contacting Oak Health Club and providing notice of such objection.
Oak Health Club
19945 Riverside Commons Plaza Suite 100
Ashburn, VA 20147
Attn: Legal To be effective, the notification must include the following information (the “Notification”):
- A physical or electronic signature of a person authorized to act on behalf of an owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material which is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Oak Health Club to locate the material;
- Information reasonably sufficient to permit Oak Health Club to contact the complaining party, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If Oak Health Club receives a Notification that substantially complies with this Section immediately above, then Oak Health Club will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Oak Health Club may modify, insert, or remove some or all of the materials on this Website at any time. Additionally, please note that information provided by third-parties may not be accurate or up to date.
The Website may provide links to third-party websites and Oak Health Club is not responsible for the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third-parties.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED ON AN ‘AS IS,’ AND ‘AS AVAILABLE’ BASIS, EXCEPT AS OTHERWISE NOTED IN THESE TERMS OF SERVICE. OAK HEALTH CLUB AND ALL ASSOCIATED THIRD-PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER OAK HEALTH CLUB OR ANY ASSOCIATED THIRD-PARTIES MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPUTER VIRUS FREE, OR ERROR FREE; NOR DOES OAK HEALTH CLUB OR ANY ASSOCIATED THIRD-PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU VIA THE OAK HEALTH CLUB WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you, your local laws may include restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION OF LIABILITY
YOU AGREE THAT OAK HEALTH CLUB, ITS SUBSIDIARIES AND AFFILIATES AND ANY ASSOCIATED THIRD PARTIES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (“WEBSITE RELATED PARTIES”) WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE RELATED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE RELATED PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE ARE EXCLUDED EVEN SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend, indemnify, and hold harmless the Website Related Parties from and against any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of this Agreement or your use or misuse of the content or this Website. You may not transfer or assign any rights or obligations under these Terms of Services. Oak Health Club may transfer or assign its rights and obligations under these Terms of Service.
OAK HEALTH CLUB EMPLOYEES, TRAINERS OR CONTRACTORS
THIS SECTION OF THESE TERMS OF SERVICE APPLY ONLY IF YOU ARE AN OAK HEALTH CLUB EMPLOYEE, OR CONTRACTOR WHO IS ALSO GIVEN ACCESS TO THE DATA OF OTHER USERS. You may use your ability to access data applicable to other persons who use this Website, and use the data that is disclosed to you, solely for the purposes of providing assistance to another person in that person’s use of this Websites or the Oak Health Club facilities or services. You must take all reasonable measures to prevent data from being exposed or disclosed to others. You may not disclose any data to any other person without the prior consent of Oak Health Club. You acknowledge that in the event any data in your possession or control is exposed or disclosed without authority, whether by your fault or not, Oak Health Club may be required to give notice of such exposure to the affected members and to law enforcement authorities. You will be deemed responsible for any losses suffered by Oak Health Club or by a member which are caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph.
APPLICABLE LAW- CONSENT TO JURISDICTION AND VENUE
Without regard to its conflicts of law provisions, the laws of Delaware will be used to construe these Terms of Service. You consent to the exclusive jurisdiction and venue of state court residing in Delaware and federal courts residing in the District of Delaware to adjudicate any dispute arising out of these Terms of Services.
If you are a registered user of the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Oak Health Club reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
The Effective Date of these Terms of Service is August 1, 2020.
For questions or comments related to the Sites or these Terms of Service, please email us at firstname.lastname@example.org.