Terms of use.

Please read the following terms and conditions carefully.

The Tennis and Fitness Centre, and its affiliates, including but not limited to The Racquet Club of Oak Park-River Forest (“the club,” “we,” or “us”), require that all visitors to our website https://www.tenandfit.com/ (the “Site”) adhere to the following terms and conditions of use. By accessing and using the Site, you agree to be bound by and comply with the following terms and conditions of use (these “Terms”) and to comply with all applicable laws and regulations.

If you do not agree to these Terms, you are not authorized to use the Site AND WE ASK THAT YOU LEAVE THE SITE IMMEDIATELY.

1) Changes

We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site, to these Terms, or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”). We will attempt to notify you of such changes, including by sending you an email notifying of such changes, though all such changes shall be effective upon our posting them to the Site and your continued use of the Site indicates your acceptance of any such changes.

2) License to Access and Use

(a) The Content of the Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download, print and store selected portions of the Content, provided you (i) only use these copies of the Content for your own personal, non-commercial use, (ii) do not copy or post the Content on any network computer or broadcast the Content in any media, and (iii) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading.

(b) We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws. 

(c) You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. The Tennis and Fitness Centre reserves complete title and full intellectual property rights in any Content you download from this Site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from The Tennis and Fitness Centre.

(d) You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.

3) Intellectual Property and Copyright Notice

All of the Content you see on this Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by The Tennis and Fitness Centre, one of its affiliates or by third parties who have licensed their materials to The Tennis and Fitness Centre. All of the Content of the Site is copyrighted as a collective work under U.S. copyright laws, and The Tennis and Fitness Centre owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

4) Privacy Policy

Information that you provide to us or that we collect about you and your Company through your access to and use of the Site is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy.

5) Submissions

We welcome your feedback regarding the Site as well as our clubs.  However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us shall be and remain the exclusive property of The Tennis and Fitness Centre.  Your submission of any such Comments shall constitute an assignment to The Tennis and Fitness Centre of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments.  Subject to our Privacy Policy, The Tennis and Fitness Centre will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.

For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any personal information or any original creative materials such as stories, product ideas, computer code or original artwork.

By sending us any Comments, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in such Comments.  You are fully responsible for any Comments you make and for the legality, reliability, appropriateness, and originality thereof.

6) User Content

In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct.  Not in limitation of the previous sentence, in connection with your use of the Site, you may not cause or permit any person to do any of the following:

(a) use the Site or Content for any unlawful purpose;

(b) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

(c) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;

(d) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;

(e) use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; or

(f) use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.

7) Hyperlinks

Images of The Tennis and Fitness Centre logos can only be used upon receipt of express written permission from us.

8) Use of Trademarks

Except for the limited permission to use The Tennis and Fitness Centre logo as set forth in these Terms, you may not, without our express written permission, use any of The Tennis and Fitness Centre trademarks or service marks for any other purpose.

9) Disclaimer

THIS SITE AND ALL CONTENTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT THE TENNIS AND FITNESS CENTRE, AND ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

THE TENNIS AND FITNESS CENTRE AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS SITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

While we will make every effort to keep content on this Site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on contact information and any other information regarding The Tennis and Fitness Centre, its operations, programs, and offers, please contact the Club as provided on this Site.

10) Limitation of Liability

(a)  IN NO EVENT WILL THE TENNIS AND FITNESS CENTRE, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, OUR “REPRESENTATIVES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE.

(b) UNDER NO CIRCUMSTANCES WILL THE TENNIS AND FITNESS CENTRE OR OUR REPRESENTATIVES BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF WE WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF THE TENNIS AND FITNESS CENTRE AND THE REPRESENTATIVES WILL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE EXTENT PERMITTED BY LAW.

(c) THE TERMS OF THIS SECTION 10(c) SHALL APPLY ONLY TO USERS OF THE SITE WITHIN THE UNITED STATES. WITHOUT LIMITING ANY OF THE FOREGOING, IF THE TENNIS AND FITNESS CENTRE OR ANY OF ITS REPRESENTATIVES IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT EXCEED $100 IN ANY CALENDAR YEAR.

11) Indemnification

You agree to defend, indemnify and hold harmless The Tennis and Fitness Centre, its affiliates, and its and their owners, officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (a) any content, data, or information that you submit or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site; (c) your violation of these Terms; and (d) your violation of any rights of any third party. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.

12) Jurisdiction

The terms of this Section 12 shall apply only to users of the Site within the United States. These Terms will be construed and enforced in accordance with the laws of the State of Illinois. You submit to personal jurisdiction in Illinois, and any cause of action arising under these Terms or otherwise involving the Site must be brought exclusively in a court in Cook County, Illinois.

13) Waiver of Jury Trial

The terms of this Section 13 shall apply only to users of the Site within the United States. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

14) Miscellaneous

(a) These Terms and the Privacy Policy (as each may be revised and amended from time to time) collectively constitute the entire agreement with respect to your access to and use of the Site and the Content.

(b) Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

(c) Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.

(d) These Terms do not confer any rights, remedies, or benefits upon any person other than you.

(e) We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

(f) Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

(g) If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

(h) Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.

(i) Your discontinuation of use of the Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.

15) Other Agreements

If you have entered into a separate written agreement with The Tennis and Fitness Centre or its affiliates with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.

16) Contact Us

Please contact us with any questions regarding the Site or these Terms at:

The Tennis and Fitness Centre
301 Lake St.
Oak Park, IL 60302
E-mail: Info@tenandfit.com
Tel: 708-386-2175
www.TENandFIT.com