ClubExcellence : Render Custom Form

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                          USER AGREEMENT

Welcome to ClubExcellence(SM).  Our clients are Private Clubs, and we are a provider of services to Private Clubs who desire to achieve and maintain excellence in customer service. One of the tools we use in our business is this web site, which provides the Member and Guests of Private Clubs the opportunity to have their comments heard by the Private Clubs they visit and use. Our customers are Private Clubs. We do not sell anything to consumers or transact business with them.

Each user of our web site is required to carefully review this Agreement and to agree to all of its provisions without alteration or exception. As a Material inducement by User to Owner to provide and maintain the Web Site and to permit access to it by User, and in consideration of Owner granting use of and/or access to the Web Site, all of the provisions of this Agreement are agreed to by Owner and User.

For purposes of clarity the following terms and definitions are used throughout this Agreement. "Agreement" means this Agreement, as amended by Owner from time to time in the manner provided below. "User" means you, the person using the Web Site. "Owner" means the owner of ClubExcellence, from time to time, which is presently Service Connections, Inc., an Indiana corporation doing business in Indianapolis, Marion County, Indiana. "ClubExcellence" means the ClubExcellence program owned by Owner and all associated programs under their respective names as they may exist from time to time and includes, without limitation, Owner and Service Connections, Inc. "Registration" means registration by a User with the Owner through the Web Site in the manner provided on the Web Site and/or in this Agreement and/or by providing contact information. "Web Site" means the ClubExcellence, StarExcellenceSM and/or Service Connections web sites, as they may exist or be revised from time to time. "User Posts" means any and all content, information, data, documents, responses, registration information, photographs, audio, video and all other input and items sent to ClubExcellence, Owner, and/or the Web Site by User at any time by any means. "Non-Public" areas of the Web Site include, without limitation, all areas accessed and/or accessable after accepting this Agreement, areas requesting a user name and/or password for access, and includes, without limitation, areas accessible using cookies.

User hereby accepts and agrees to each and every provision of this Agreement. Clicking to proceed with use of the Web Site shall constitute acceptance of this Agreement by User and User thereby agrees to be and shall be bound by all terms, conditions, limitations and other provisions of this Agreement, as amended from time to time. It is agreed that User shall use the Web Site as is, with all faults. User hereby voluntarily assumes all risks, known and unknown, of using the Web Site and/or interacting with ClubExcellence, StarExcellence, Owner and/or Service Connections, Inc., including but not limited to interaction using the internet and/or any other means.

As an inducement to Owner to offer, accept and/or agree to this Agreement with User, and to induce Owner to authorize and continue to authorize User to enter and utilize Non-Public areas of the Web Site, User hereby represents and warrants to Owner as of the date hereof and as of the date of each use of the Web Site by User that User is an individual person over the age of eighteen (18) years, that User is competent and is authorized to enter into and perform this Agreement, that User is not a competitor or agent of a competitor or potential competitor of Owner, and that User agrees to and will observe and perform all provisions of this Agreement.

Registration with Owner through the Web Site is required for user access to all Non-Public areas of the Web Site. Use of any Non-Public area of the Web Site without Registration is prohibited. User agrees to register as a user of the Web site, and to provide User's true and correct current legal name, full legal address, e-mail and contact information. User agrees to use only User's own identity, name, ID, and password when accessing the Web Site and to use only User's own personal account and not the name account, ID, password, e-mail, and/or identity of any other person or entity, and to cease access when User is no longer entitled to access the Web Site.

After User agrees to and accepts this Agreement by clicking to proceed with use of the Web Site, Owner authorizes User to use the Web Site, and User agrees to use the Web Site, in accordance with and subject to the following terms, conditions and limitations, and all other terms, conditions and limitations of this Agreement, as amended from time to time and/or posted on the Web Site. It is agreed that User shall use the Web site:

Only through clicking on the buttons and using the options presented on screen.
Only in a lawful manner under laws of state of Indiana and the United States.
Only by creating and using one single account.
Only for private, non-commercial uses, and not for advertising or promotion.
Without downloading any programs, programming code, information or data, or any other images, content, messages, documents, data, or information.
Without any manipulation, alteration, republication and/or reuse of any portion of the Web Site.
Without framing, copying, searching or indexing of any portion of the Web Site.
Without the use of automated input, bots, spiders or other input not made by a human user using a keyboard and/or mouse in real time.
Without any alteration of source code and/or installation or removal, or the uploading or downloading, of any content, programming or program code.
Without inputting any false, copyrighted, private, scandalous, libelous, defamatory, or obscene material.
Without competing or attempting to directly or indirectly compete with Owner in any manner.

User may input User Posts from time to time. All User Posts shall be considered published at the time of submission, and may be republished by Owner in whole or in part at any time. Owner, in its sole discretion, may or may not use, publish, transmit, disclose, license, and/or offer User Posts and information, opinions, data, quotations, audio, images, video and/or other content ("User Content") from User Posts to the Private Clubs referenced, or to any other persons, clubs, businesses and/or entities, or for any other purpose(s), including but not limited to sales efforts to Private Clubs and/or businesses to improve their customer service and business practices. Owner may rewrite, edit, condense, summarize, sample, truncate, alter, and/or delete any User Posts, or any portions thereof, and may publish and republish the User Posts and User Content in any form, altered or unaltered, at any time and from time to time, without royalty or other payment. User hereby grants to Owner a perpetual, unlimited and royalty free license to publish and republish User Posts and User Content in original form or altered as provided in this Agreement. User agrees that all User Posts and User Content and all rights in and to the User Posts and User Content, including but not limited to royalty rights, moral rights, publicity rights, publication rights and copyrights, shall become the sole property of Owner upon transmission to the Web Site, and User in consideration of this Agreement and the use of the Web Site hereby transfers and conveys to Owner all such rights. No payment or other compensation shall be due at any time to User from ClubExcellence, Service Connections, Inc., Owner, Owner Affiliates, and/or any other person or entity, nor shall User be required to pay Owner for use of the Web Site and/or posting User Posts.

User shall immediately report to Owner in writing any false, deceptive, misleading, illegal, and/or other improper activity concerning or use of the Web Site and/or the ClubExcellence program, and the occurrence of any activity prohibited or regulated by this Agreement. The lack any such report shall constitute a representation to Owner by User that to the knowledge of User no such activity or use has occurred and that no action on the part of Owner and/or ClubExcellence is needed.

User shall be solely responsible for maintaining the confidentiality of User's account, password and other personal or private information. User shall be responsible for all activities that occur under User's ID and password, whether or not User has authorized the same. User agrees that all information and User Content input by User is not, and is not deemed by User to be, private or confidential, that User claims no copyright or other rights in the same, and that User hereby authorizes Owner and the successors and assigns of Owner to use, publish, broadcast, sell and/or otherwise disseminate the same. It is agreed by User that in no event shall Owner and/or Service Connections, Inc. be liable for any disclosure of any User Posts, User Content and/or other information relating to User, whether or not Owner and/or Service Connections, Inc. is negligent.

It is further agreed by User that each of the following terms, conditions and/or limitations shall be a part of this Agreement:

Any User account may be terminated or use thereof limited at any time without cause, in sole discretion of Owner
The Owner and the Web Site shall each be deemed to be located solely in the State of Indiana, USA.
This Agreement shall be deemed for all purposes to have been entered into in the state of Indiana, USA.
Owner may but shall not be required to monitor of the Web Site and may remove any portions of the Web Site or any input in the sole discretion of Owner.
The Web Site, the business of Owner and the use of the Web Site by User shall for all purposes be deemed to be solely for the business purposes of Owner and not for any consumer or other purposes of User.
Nothing contained in this Agreement, on the Web Site, or done by Owner shall constitute or be deemed a consumer transaction for any purpose.
No amendment or waiver of any term(s) of this Agreement shall be valid unless made in a posting by Owner on the Web Site or in a writing signed by User and the president of Owner which specifically refers to this Agreement.
This Agreement and/or any rights hereunder may not be assigned by User, but may be assigned by Owner.
Any actual or attempted action limited or prohibited by law and/or under this Agreement shall be deemed to be a material breach hereof by User.

Owner may at any time and from time to time amend this Agreement by posting an amended version hereof on the Web site in the same manner as this Agreement or elsewhere on the Web Site. Each such amended Agreement shall be effective and shall amend this Agreement as of the date such amendment is so posted, and this Agreement, as so amended, shall continue in full force and effect. User hereby agrees to each of such amendments, agrees to check the Web Site for amendments to this Agreement during each use of the Web Site by User, and agrees that any use of the Web Site by User after the posting of an amended Agreement shall constitute conclusive evidence of agreement by User to all the provisions of such amendment.

This Agreement may be terminated by User and/or by Owner at any time without cause: Provided that all provisions of this Agreement, as amended, shall survive any such termination and shall remain fully valid and enforceable by Owner.

As a part of the consideration for this Agreement, it is agreed by User that in no event shall ClubExcellence and/or Owner, or their or either of their shareholders, directors, officers, employees, agents, affiliates, attorneys, shoppers, independent contractors, or others ("Owner Affiliates"), be liable to User in excess of the aggregate amount of $500, regardless of the occurrences, duration, number, nature or theory of any claim(s) which are or could be brought by or on behalf of User, and all claims, damages, penalties, interest, fees, costs and other amounts in excess of $500 which might be claimed are hereby expressly and irrevocably released and waived by User, and User hereby covenants and agrees never to sue any such person(s) or entity(ies) for any amounts in excess of $500. It is further agreed by the parties that due to the nature of the businesses of Owner and Service Connections, Inc., and the individual and unique nature of the actions of User, it would be inappropriate and unduly costly and burdensome to resolve any claims of User in a class action, and User hereby covenants and agrees never to commence or maintain any class action relating to Owner, Owner Affiliates, Service Connections, Inc., the Web Site and/or this Agreement, hereby agrees to be exempted and dismissed from any such class action and limited to an individual action regarding the unique claims of User, and further covenants and agrees never to serve or to attempt to serve as a class representative in any such class action.

Nothing contained in the Agreement is intended to confer, nor shall any provision hereof be construed to confer, upon any non-party to this Agreement, any rights, claims, remedies or defenses, and this Agreement shall be construed and enforced solely for the benefit of the parties identified herein. Nothing contained in this Agreement or occurring between any of the parties shall be construed to create any partnership, joint venture, or other relationship between the parties, and the sole relationship between the parties shall be construed to be that of an independent Web Site Owner and an independent Web Site User under this Agreement.

IT IS AGREED BY USER THAT NO EXPRESS WARRANTIES OF ANY KIND HAVE BEEN MADE TO USER AND THAT NO EXPRESS WARRANTIES SHALL BE A PART OF THIS AGREEMENT FOR ANY PURPOSE. OWNER HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND USER HEREBY AGREES THAT NO SUCH WARRANTIES SHALL EXIST OR BE A PART OF THIS AGREEMENT FOR ANY PURPOSE.

USER AND OWNER HEREBY ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT AND/OR WITH RESPECT TO THE WEB SITE AND/OR TRANSACTIONS CONTEMPLATED HEREIN WOULD PRESENT DIFFICULT AND COMPLEX LEGAL ISSUES AND THEREFORE, THE PARTIES HEREBY AGREE THAT ALL ISSUES IN ANY COURT PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT, AND/OR THE RELATIONSHIP BETWEEN USER AND OWNER, SHALL BE TRIED IN A STATE COURT OF THE STATE OF INDIANA LOCATED IN MARION COUNTY, INDIANA, BY A JUDGE SITTING WITHOUT A JURY, AND EACH PARTY TO THIS AGREEMENT HEREBY IRREVOCABLY WAIVES ALL RIGHTS TO A TRIAL BY JURY AND IRREVOCABLY CONSENTS TO A TRIAL TO THE COURT WITHOUT THE INTERVENTION OF A JURY.

This Agreement shall be the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous representations, negotiations and agreements with respect to such subject matter hereof. This Agreement shall be governed by construed in accordance only with the laws of the state of Indiana, without regard to any rules or principles of conflict of laws or any other law(s) or rule(s) which might require the application of the law(s) of any other jurisdiction(s). All actions relating to this Agreement, User, the Web Site, ClubExcellence, StarExcellence, Owner, Service Connections, Inc. and/or any Owner Affiliates shall be commenced and maintained only in the state courts of the state of Indiana, located in Marion County, Indiana, under Indiana law as described in the preceding sentence. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. All references herein to the singular shall mean and include the plural, references to the plural shall mean and include the singular, and references to either gender shall mean and include the other, or both genders, as required by the context. In the event that any provision hereof is found to be invalid or unenforceable for any reason, such provision shall be severed from this Agreement and the remaining provisions of this Agreement shall continue to be binding and effective.


Copyright © 2011-Fri Apr 26 00:29:49 EDT 2024 Service Connections, Inc. All Rights Reserved.
Service Connections and ClubExcellence are Service Marks owned by Service Connections, Inc.
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