Agreement between User and The McCall Gym Group, Inc.
Welcome to americanbarbellclubs.com. The americanbarbellclubs.com website (the "Site") is
comprised of various web pages operated by The McCall Gym Group, Inc. ("The McCall Gym
Group, Inc."). americanbarbellclubs.com is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein (the "Terms"). Your
use of americanbarbellclubs.com constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.
americanbarbellclubs.com is an E-Commerce Site.
The purpose of our website is to market and advertise our health club services to the public.
Visitors to the site can purchase a membership through our portal for use in one of
our business locations.
Visiting americanbarbellclubs.com or sending emails to The McCall Gym Group, Inc. constitutes
electronic communications. You consent to receive electronic communications and you agree
that all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that
such communications be in writing.
Children Under Thirteen
The McCall Gym Group, Inc. does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you may use
americanbarbellclubs.com only with permission of a parent or guardian.
You, the buyer, may cancel this Agreement at any time prior to midnight of the fifth business
day of the health studio after the date of this Agreement, excluding Sundays and holidays. To
cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram, which states
that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be
sent to: The McCall Gym Group, Inc., 1887 Monterey Road, Suite 150, San Jose, CA 95112.
After receipt of your letter, American Barbell Clubs will refund all monies paid, less any portion
used, within 10 days. We also accept cancellations via email and in-person at our club locations.
Our email cancellation address is: email@example.com.
Links to Third Party Sites/Third Party Services
americanbarbellclubs.com may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of The McCall Gym Group, Inc. and The McCall Gym Group,
Inc. is not responsible for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. The McCall Gym Group,
Inc. is providing these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by The McCall Gym Group, Inc. of the site or any association
with its operators.
Certain services made available via americanbarbellclubs.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
americanbarbellclubs.com domain, you hereby acknowledge and consent that The McCall Gym
Group, Inc. may share such information and data with any third party with whom The McCall
Gym Group, Inc. has a contractual relationship to provide the requested product, service or
functionality on behalf of americanbarbellclubs.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
use of the Site, you warrant to The McCall Gym Group, Inc. that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party's
use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of The McCall Gym
Group, Inc. or its suppliers and protected by copyright and other laws that protect intellectual
property and proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such content and will not make
any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
The McCall Gym Group, Inc. content is not for resale. Your use of the Site does not entitle you
to make any unauthorized use of any protected content, and in particular you will not delete or
alter any proprietary rights or attribution notices in any content. You will use protected content
solely for your personal use, and will make no other use of the content without the express
written permission of The McCall Gym Group, Inc. and the copyright owner. You agree that you
do not acquire any ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of The McCall Gym Group, Inc. or our licensors
except as expressly authorized by these Terms.
The Service is controlled, operated and administered by The McCall Gym Group, Inc. from our
offices within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the The McCall
Gym Group, Inc. content accessed through americanbarbellclubs.com in any country or in any
manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless The McCall Gym Group, Inc., its officers,
directors, employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any user postings made by you, your violation of any terms of this
Agreement or your violation of any rights of a third party, or your violation of any applicable
laws, rules or regulations. The McCall Gym Group, Inc. reserves the right, at its own cost, to
assume the exclusive defense and control of any matter otherwise subject to indemnification by
you, in which event you will fully cooperate with The McCall Gym Group, Inc. in asserting any
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator's award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs
and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and The McCall Gym Group, Inc. agree otherwise, the
arbitrator may not consolidate more than one person's claims, and may not otherwise preside
over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. THE MCCALL GYM GROUP, INC. AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE MCCALL GYM GROUP, INC. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE
MCCALL GYM GROUP, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL THE MCCALL GYM GROUP, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE
DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE
MCCALL GYM GROUP, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
USING THE SITE.
The McCall Gym Group, Inc. reserves the right, in its sole discretion, to terminate your access to
the Site and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the State of
California and you hereby consent to the exclusive jurisdiction and venue of courts in California
in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in
any jurisdiction that does not give effect to all provisions of these Terms, including, without
limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and The McCall Gym Group, Inc. as a result of this agreement or use of the Site. The
McCall Gym Group, Inc.'s performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of The McCall Gym Group,
Inc.'s right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by The McCall Gym
Group, Inc. with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and The McCall Gym Group, Inc. with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and The McCall Gym Group, Inc. with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
The McCall Gym Group, Inc. reserves the right, in its sole discretion, to change the Terms under
which americanbarbellclubs.com is offered. The most current version of the Terms will
supersede all previous versions. The McCall Gym Group, Inc. encourages you to periodically
review the Terms to stay informed of our updates.
The McCall Gym Group, Inc. welcomes your questions or comments regarding the Terms:
The McCall Gym Group, Inc.
1887 Monterey Road, Ste. 150
San Jose, California 95112
Effective as of June 01, 2018
© 2017 American Barbell Clubs. All Rights Reserved.