Terms of
Use
Introduction
Welcome to
SUBURBANLEISURECENTER.com. This site is provided by
Suburban Leisure Center (referred to throughout
this site as "SUBURBAN LEISURE CENTER") as a
service to our customers. Please review the
following rules that govern your use of the
SUBURBAN LEISURE CENTER site. (the "Agreement").
Please note that your use of the SUBURBAN LEISURE
CENTER site (the "Site") constitutes your
unconditional agreement to follow and be bound by
these Terms of Use. Although you may "bookmark" a
particular portion of this Site and thereby bypass
this Agreement, your use of this Site still binds
you to these Terms of Use. SUBURBAN LEISURE CENTER
reserves the right to update or modify these Terms
of Use at any time without prior notice to you.
Your use of the Site following any such change
constitutes your unconditional agreement to follow
and be bound by these Terms of Use as changed. For
this reason, we encourage you to review these Terms
of Use whenever you use this Site.
Use of this Site
By accepting these Terms of
Use through your use of the Site, you certify that
you are 18 years of age or older. Persons under the
age of 18 years are prohibited from using this
site. All billing and registration information
provided must be truthful and accurate. Providing
any untruthful or inaccurate information may
constitute a breach of these Terms of Use. By
confirming your purchase at the end of the checkout
process, you agree to accept and pay for the
item(s) requested.
All materials, including
images, text, illustrations, designs, icons,
photographs, and written and other materials that
are part of this Site (collectively, the
"Contents") are intended solely for personal,
non-commercial use. You may download or copy the
Contents and other downloadable materials displayed
on the Site for your personal use only. No right,
title or interest in any downloaded materials or
software is transferred to you as a result of any
such downloading or copying. You may not reproduce
(except as noted above), publish, transmit,
distribute, display, modify, create derivative
works from, sell or participate in any sale of or
exploit in any way, in whole or in part, any of the
Contents, the Site or any related software. All
software used on this Site is the property of
SUBURBAN LEISURE CENTER or its suppliers and
protected by U.S. and international copyright laws.
The Contents and software on this Site may be used
only as a shopping resource. Any other use,
including the reproduction, modification,
distribution, transmission, republication, display,
or performance, of the Contents on this Site is
strictly prohibited. SUBURBANLEISURECENTER.com is a
trademark of Suburban Leisure Center.
Site Security
Users are prohibited from
violating or attempting to violate the security of
the Site, including, without limitation, (a)
accessing data not intended for such user or
logging onto a server or an account which the user
is not authorized to access; (b) attempting to
probe, scan or test the vulnerability of a system
or network or to breach security or authentication
measures without proper authorization; (c)
attempting to interfere with service to any user,
host or network, including, without limitation, via
means of submitting a virus to the Site,
overloading, "flooding," "spamming," "mailbombing"
or "crashing;" (d) sending unsolicited email,
including promotions and/or advertising of products
or services; or (e) forging any TCP/IP packet
header or any part of the header information in any
email or newsgroup posting. Violations of system or
network security may result in civil or criminal
liability. SUBURBAN LEISURE CENTER will investigate
occurrences that may involve such violations and
may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved
in such violations. You agree not to use any
device, software or routine to interfere or attempt
to interfere with the proper working of this Site
or any activity being conducted on this Site. You
agree, further, not to use or attempt to use any
engine, software, tool, agent or other device or
mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents) to
navigate or search this Site other than the search
engine and search agents available from SUBURBAN
LEISURE CENTER on this Site and other than
generally available third party web browsers (e.g.,
Netscape Navigator, Microsoft Explorer).
Order Acceptance
Please note that there may be
certain orders that we are unable to accept and
must cancel. We reserve the right, at our sole
discretion, to refuse or cancel any order for any
reason. Some situations that may result in your
order being canceled include limitations on
quantities available for purchase, inaccuracies or
errors in product or pricing information, or
problems identified by our credit and fraud
avoidance department. We may also require
additional verifications or information before
accepting any order. We will contact you if all or
any portion of your order is canceled or if
additional information is required to accept your
order. If your order is canceled after your credit
card has been charged, we will issue a credit to
your credit card in the amount of the
charge.
Pricing
Information
While SUBURBAN LEISURE CENTER
strives to provide accurate product and pricing
information, pricing or typographical errors may
occur. SUBURBAN LEISURE CENTER cannot confirm the
price of an item until after you order. In the
event that an item is listed at an incorrect price
or with incorrect information due to an error in
pricing or product information, SUBURBAN LEISURE
CENTER shall have the right, at our sole
discretion, to refuse or cancel any orders placed
for that item. In the event that an item is
mispriced, SUBURBAN LEISURE CENTER may, at our
discretion, either contact you for instructions or
cancel your order and notify you of such
cancellation.
Copyrights and
Trademarks
Unless otherwise noted, all
Contents are copyrights, trademarks, trade dress
and/or other intellectual property owned,
controlled or licensed by SUBURBAN LEISURE CENTER,
one of its affiliates or by third parties who have
licensed their materials to SUBURBAN LEISURE CENTER
and are protected by U.S. and international
copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all
Contents on this site is the exclusive property of
SUBURBAN LEISURE CENTER and is also protected by
U.S. and international copyright laws.
SUBURBAN LEISURE CENTER and
its suppliers and licensors expressly reserve all
intellectual property rights in all text, programs,
products, processes, technology, content and other
materials which appear on this Site. Access to this
Site does not confer and shall not be considered as
conferring upon anyone any license under any of
SUBURBAN LEISURE CENTER's or any third party's
intellectual property rights.
The Suburban Leisure Center
names and logos and all related product and service
names, design marks and slogans are the trademarks
or service marks of Suburban Leisure Center. All
other marks are the property of their respective
companies. No trademark or service mark license is
granted in connection with the materials contained
on this Site. Access to this Site does not
authorize anyone to use any name, logo or mark in
any manner.
References on this Site to
any names, marks, products or services of third
parties or hypertext links to third party sites or
information are provided solely as a convenience to
you and do not in any way constitute or imply
SUBURBAN LEISURE CENTER's endorsement, sponsorship
or recommendation of the third party, information,
product or service. SUBURBAN LEISURE CENTER is not
responsible for the content of any third party
sites and does not make any representations
regarding the content or accuracy of material on
such sites. If you decide to link to any such third
party web sites, you do so entirely at your own
risk.
Colors
We have made every effort to
display the colors of our products that appear on
the Site as accurately as possible. However, as the
actual colors you see will depend on your monitor,
we cannot guarantee that your monitor's display of
any color will be accurate.
Indemnification
You agree to defend,
indemnify and hold harmless SUBURBAN LEISURE CENTER
and its affiliates from and against any and all
claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your
use of the Site.
Termination
These Terms of Use are
effective unless and until terminated by either you
or SUBURBAN LEISURE CENTER. You may terminate this
Agreement at any time, provided that you
discontinue any further use of this Site. SUBURBAN
LEISURE CENTER also may terminate this Agreement at
any time and may do so immediately without notice,
and accordingly deny you access to the Site, if in
SUBURBAN LEISURE CENTER's sole discretion you fail
to comply with any term or provision of this
Agreement. Upon any termination of the Agreement by
either you or SUBURBAN LEISURE CENTER, you must
promptly destroy all materials downloaded or
otherwise obtained from this Site, as well as all
copies of such materials, whether made under the
Terms of Use or otherwise. SUBURBAN LEISURE
CENTER's right to any Comments shall survive any
termination of this Agreement.
Disclaimer
THIS SITE IS PROVIDED BY
SUBURBAN LEISURE CENTER ON AN "AS IS" AND "AS
AVAILABLE" BASIS. SUBURBAN LEISURE CENTER MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, SUBURBAN LEISURE
CENTER DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING,
SUBURBAN LEISURE CENTER DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE
OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE
OF THE SUBURBAN LEISURE CENTER WEB SITE, THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK. THIS
DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY
OFFERED BY THE MANUFACTURER OF THE ITEM. THIS
DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
FOREGOING LIMITATIONS MAY NOT APPLY TO
YOU.
Limitation of
Liability
UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN
TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE,
SHALL SUBURBAN LEISURE CENTER OR ANY OF ITS
AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS,
VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY
OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE
ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR
INABILITY TO USE THE SUBURBAN LEISURE CENTER WEB
SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE
OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF SUBURBAN LEISURE CENTER HAS BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL SUBURBAN LEISURE
CENTER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE
FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE
SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE
ON WHICH THE CLAIM AROSE.
General
This Agreement represents the
complete agreement between the parties and
supersedes all prior agreements and representations
between them. Headings used in these Terms of Use
are for reference purposes only and in no way
define or limit the scope of the section. If any
provision of this Agreement is held to be
unenforceable for any reason, such provision shall
be reformed only to the extent necessary to make it
enforceable and the other terms of this Agreement
shall remain in full force and effect. The failure
of SUBURBAN LEISURE CENTER to act with respect to a
breach of this Agreement by you or others does not
constitute a waiver and shall not limit SUBURBAN
LEISURE CENTER's rights with respect to such breach
or any subsequent breaches. This Agreement shall be
governed by and construed under Missouri law
without regard to conflicts of law provisions. Any
action or proceeding arising out of or related to
this Agreement or your use of this Site must be
brought in the state or federal courts of Missouri
and you consent to the exclusive personal
jurisdiction of such courts.
