The following Terms of Use contain the complete terms and
conditions that apply to an individual's or entity's use
of the Moreton Hall Health Club site. As used in
this Agreement, "We," "Us" or "Our" refers to the Moreton Hall
Health Club, and "You" or "Your" refers to the user. "Site" means
any Moreton Hall Health Club site posted on the World Wide
Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and
conditions and Your waiver of any and all claims against the
Moreton Hall Health Club, its parents, subsidiaries, affiliates,
contractors, agents, officers, directors or employees arising out
of Your use of Our Site or any materials, information, opinions or
recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms of
Use, at any time and in Our sole discretion, by posting a change
notice or a new user agreement on Our Site. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF
OUR SITE. YOUR CONTINUED USE OF OUR SITE FOLLOWING OUR POSTING OF A
CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES BINDING ACCEPTANCE OF
THE CHANGE.
3. COPYRIGHT
3.1 Use.
All content included on Our Site, such as text, graphics, logos,
button icons, images, audio clips and software, is Our property or
that of Our content suppliers and is protected by U.S. and
international copyright laws. The compilation (meaning the
collection, arrangement and assembly) of all content on Our Site is
Our property protected by U.S. and international copyright laws.
All software used on Our Site is Our property or that of Our
software suppliers and is protected by U.S. and international
copyright laws. You may electronically copy and print in hard copy
portions of Our Site for the limited purpose of placing an order
with Us or using it as a shopping resource. Any other use-including
reproduction for purposes other than those noted above,
modification, distribution, transmission, republication, display or
performance-of the content on a Site without Our prior written
permission is strictly prohibited.
3.2 Penalty.
Unauthorized copying of the software, or failure to comply with
the above restrictions, may result in severe civil and criminal
penalties. Unauthorized duplication of the software constitutes
copyright infringement and, in the United States, is punishable in
a federal criminal action by a fine of up to U.S.$250,000 and
imprisonment for up to five (5) years. In addition, federal civil
penalties allow the recovery of actual damages based on the number
of copies produced plus the profits of the infringer, or statutory
damages of up to U.S.$100,000 for willful copyright
infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE
MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION
OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS
AVAILABLE ON OUR SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED
WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE
USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION
OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE
LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER,
WE TAKE NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED
THROUGH OUR SITE OR FOR THE SITES OF OTHERS THAT LINK TO OUR
SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product
suggestions or original or creative ideas (collectively,
"Materials") submitted through Our Site. If despite this policy you
submit any such Materials, We will deem it Our property. We will
not treat the Materials as confidential, and We will not be liable
for any use or disclosure of such Materials. Without limitation, We
will own the exclusive rights to the Materials and will be entitled
to unrestricted use of the Materials for any purpose, commercial or
otherwise, without compensation to the submitter of such
Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND
ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR
AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT
EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING OUR
SITE.
7. INDEMNIFICATION
You will defend and hold harmless the Moreton Hall Health
Club, its parents, subsidiaries, affiliates, contractors, agent,
officers, directors and employees against all claims, losses,
damages, liabilities, costs and expenses (including reasonable
attorneys' fees and costs) made due to or arising out of a
violation of these Terms of Use or Your use of this Site,
including, without limitation, any claim arising out of
unauthorized links to Our Site.
8 MISCELLANEOUS
8.1 Nonwaiver. If We fail to insist upon or enforce strict
performance of any provision or right under the terms and
conditions of these Terms of Use, it will not be construed as a
waiver of any provision or right; rather, the same will be and
remain in full force and effect.
8.2 Choice of Law. These Terms of Use will be interpreted,
construed and enforced in all respects in accordance with the laws
of the State of Washington to the exclusion of any other law which
may be imputed in accordance with choice of law rules applicable in
any jurisdiction. The 1980 U.N. Convention on Contracts for the
International Sale of Goods or any successor thereto does not apply
to these Terms of Use. For any suit or claim pertaining to these
Terms of Use or any information furnished hereunder, You
irrevocably consent to the jurisdiction and venue of any state or
federal court sitting in King County, Washington, USA, and You will
not commence an action or proceeding relating to the subject matter
of these Terms of Use in any other jurisdiction.
8.3 English Language Governs. It is the express wish of the
parties that these Terms of Use be drawn up in English. C'est la
volonté explicite des parties que ces termes d'usage soient rédiger
en anglais.
8.4 Independent Contractor. These Terms of Use will not be
interpreted or construed to create or evidence a partnership, joint
venture or franchise relationship among the parties or as imposing
any partnership or franchiser obligation or liability on either
party.
8.5 Compliance With Laws. You will comply at Your own expense with
all statutes, regulations, rules, ordinances and orders of any
governmental body, department or agency that apply to or result
from Your use of Our Site.
8.6. Severability. If any provision of these Terms of Use will be
unlawful, void or for any reason unenforceable, then that provision
will be deemed severable from and will not affect the validity and
enforceability of any remaining provisions.
OUR ADDRESS:
Moreton Hall Health Club
Mount Road,
Bury St. Edmunds,
Suffolk,
IP32 7BL
