Disclaimer of Warranties
YOUR USE OF THE SITE OR SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SITE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SITE USERS, IS AT YOUR SOLE RISK. THE SITE, SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SITE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEWCLUB AND ITS SUPPLIERS AND LICENSORS 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, TITLE, AND NON-INFRINGEMENT. NEWCLUB DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE, THE SITE, OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THE SERVICE WILL CREATE ANY WARRANTY REGARDING NEWCLUB THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
NEITHER NEWCLUB NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NEWCLUB OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF NEWCLUB AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE VALUE OF THE NEWCLUB ANNUAL MEMBERSHIP FEE. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Restrictions on Access
Notwithstanding any provision of these Terms, NewClub reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block, restrict, and prevent your future access to, and use of, the Site. Additionally, NewClub reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Site and the Service without notice in its sole discretion. Neither NewClub nor its suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Site or the Service.
Consent to Communication and Messages from NewClub
By using the Site or providing your information in any way to NewClub, you consent to receiving communications from NewClub, including phone calls/messages, text messages, push notifications, email messages, or mail. Your cellular carrier's message and data rates may apply.
These communications may include notices about your Site account and information concerning or related to the Site. You agree that any notices, agreements, disclosures, or other communications that NewClub sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You expressly consent to receive phone calls, text messages, push notifications, and email even if your contact information is on a Federal or state DNC ("Do Not Call") and/or DNE ("Do Not Email") list or registry.
Opting Out of Messages from NewClub
If you would like to opt out of any messages from NewClub, please use the unsubscribe links or numbers provided in each message, or contact NewClub at firstname.lastname@example.org to discontinue messages from NewClub.
General Legal Notices
NewClub’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Site or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of Ohio. Any controversy or claim arising out of or relating to the Site or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Summit County, Ohio, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Ohio law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
These Terms constitute the entire agreement between you and NewClub concerning the Site and the Service. These Terms supersede all prior agreements or communications between you and NewClub regarding the subject matter of these Terms.
NewClub reserves the right to alter these terms and conditions at any time without prior notice.
All products and services are subject to availability.
Questions & Contact Information
If you have any questions or concerns about the Site, the Service, or these Terms, you may contact NewClub at email@example.com.