Terms & Conditions
TERMS AND CONDITIONS
Last Updated: June 8, 2020
Terms of Use Agreement.
We maintain this web site as a service to our customers. By using our site and/or service, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not view information or obtain products, or services from this site.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”) and the application that is “napervillegymnastics.com.” This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by, through or connected to, “the Site,” and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site or Application.
2. Copyright. The content, organization, graphics, design, compilation, dynamically included libraries, any Site and/or Application source code including, but not limited to, HTML, JavaScript, PHP, CSS, Perl, C, C++, C#, and bash script, magnetic translation, digital conversion and other matters related to the Site and/or Application are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site and/or Application, without expressed permission is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site and/or Application. The posting of information or materials on the Site and/or Application does not constitute a waiver of any right in such information and materials.
3. Trademarks. Naperville Gymnastics Club, NGC, Naperville Gymnastics Club and Dance Academy’s logo is a registered trademark of “NGC” and may not be used without prior authorization by management. Other products and company names mentioned on the Site and/or Application may be trademarks of their respective owners.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, web-based form or document from the Site and/or Application grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, web-based form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to add, edit or delete any documents, information, functionality or other content appearing on the Site and Application.
6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site and/or Application.
7. Nontransferable. Your right to use the Site and/or Application is not transferable. Any password or right given to you to obtain information or documents is not transferable. (Section pertains to private staff and team member pages which are restricted without proper credentials to access.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE). THE INFORMATION AND SERVICES ON THE SITE MAY CONTAIN BUGS, SECURITY VULNERABILITIES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
9. Notification of Changes to our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
10. Payments. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit or bank account draft (ACH Draft) information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company or financial institution, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
If you are provided a free trial class you will not be charged for the class if you do NOT register. However, if you sign up- you WILL be charged for the class which will be included in your registration. Failed payments of type E-Check, ACH Draft or Check By Mail will incur an additional $25.00 (USD) failed check fee in the event the payment fails to process due to insufficient funds or invalid provided account details. You are agreeing that NGC (the facility) is entitled a 30 (thirty) day notice for any “drop’s” from a monthly team program. Should you dispute a charge through your financial institution this will constitute a breach of contract possibly resulting in, but not limited to penalties, additional fees, collections, legal actions and or termination of any/all current and future services.
11. Confidentiality.
12. Log Files.
13. Force Majeure.
14. Securities Laws. This Site and/or Application may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward- looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and/or Application and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
15. Links to other Web Sites. The Site and/or Application contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
16. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide information to our Copyright Agent through Du Page County, IL.
17. Information and Press Releases. The Site and/or Application contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
18. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois (without regard to conflict of law principles). Any cause of action by you with respect to the Site and/or Application (and/or any information, products or services related thereto) must be instituted within three (3) months of the cause of action which arose or be forever waived and barred. All actions shall be subject to the limitations set forth in our Disclaimer and Limits section. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Du Page County, Illinois. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site and/or Application is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
19. Communication. All contacts are located on the “contact us” area of this site. Please use the provided link to find the most current contacts and their information.
20. General. These terms and conditions form part of the agreement between the client and ourselves. You accessing of the site signifies your understanding, agreement and acceptance of the Disclaimer Notice and the full terms and conditions contained herein. Your statutory Consumer