XSport Xclusive Savings Club

General Terms of Use

GENERAL TERMS OF USE OF THIS XSPORT XCLUSIVE SAVINGS CLUB WEB PAGE
As an accommodation to our members, we have listed on this XSport Xclusive Savings Club Web page (this Web page and all other XSport Fitness Web pages that have the heading XSport Xclusive Savings Club are collectively referred to as “this Web page”) certain third party vendors (“third party vendors”), forwarded information about promotions of certain products and services offered by them (“third party products and services”) and provided links to third party websites ("third party websites") that may be of interest and/or benefit to our members. These third party vendors and third party websites are not owned or controlled by us and we are not involved in the creation, provision or promotion of any third party products and services except for providing the information and links on this Web page. The disclaimer and release shown below (“Disclaimer” or “Disclaimer and Release”), including without limitation your release and other agreements in the Disclaimer and Release, are a part of these General Terms. The terms and all other content on this Web page (including without limitation the provisions of the Disclaimer and Release, the other provisions of these General Terms and all other content) are subject to change at any time without notice. By using this Web page (including without limitation using any link) and/or relying or otherwise acting on the promotions or other information shown on this Web page, as well as the use of other functions and pages on our website, you consent to all the terms and conditions of use of our website that are found on this website, including without limitation the terms and conditions of the Disclaimer and Release. Capital Fitness, Inc., its subsidiaries and their affiliated entities and other related entities are referred to in this Web page as “we”, “our”, “us” or “XSport Fitness”). Please review these General Terms, including without limitation the Disclaimer and Release. and accept them by CLICKING HERE. By using any links on this page, you accept and agree to these General Terms. You may not use any link if you do not accept and agree to the General Terms.

XSPORT XCLUSIVE SAVINGS CLUB

DISCLAIMER AND RELEASE
Third Party Promotion, Website, Products and Services
The information and promotions of and about third party vendors and their products and services, and links to third party websites, on this Web page are provided to you solely for your convenience in the event you wish to consider any of those promotions. When you click on these links, you will leave our website and be directed to other websites. Those other websites are not under our control and are not maintained by us. Furthermore, we are neither an agent for nor a representative of any of the third parties who operate those websites, we make no representation or warranty regarding the promotions and other information on this Web page or the information contained in the linked websites and we hereby disclaim all warranties regarding such promotions and information. In addition, we make no representation or warranty regarding third party products and services (and hereby disclaim all warranties regarding third party products and services), we neither endorse nor guarantee their products and services and we play no part in the creation or distribution of their products and services other than provision of the information and links on this Web page. We suggest that you read and verify the information provided on linked websites (including verification of the terms of the promotions on this Web page) before acting upon that information or the information on this Web page and that you read the terms of use and privacy statements of each website you visit through links we provide you.

If you access these third party websites or act on the promotions in this Web page or in any third party website, you do so at your own risk. We are not responsible for the content of those websites or for third party products and services and we will not be liable, directly or indirectly, for any damage or loss caused by or related to your use or reliance on any such content or the third party products and services offered for sale or use, advertised or promoted on this Web page by third party vendors or on the third party websites. Nothing on this Web page (including without limitation the provision by us of promotional information or of any promo code), and no link to a third party website from this website, (a) is an endorsement or sponsorship by us of that third party website or of any third party products and services, (b) is an implication that we are affiliated in any way with the third party operating that third party website or that we offer or provide third party products and services (however, we may receive fees or compensation from third parties for advertisements and promotions on our websites or elsewhere or for other services we provide) or (c) creates any authority for a third party to represent us or act on our behalf.

Third party products and services offered for sale or use or advertised or promoted, and other information related to third parties or their products and services, on this Web page or the websites linked from this Web page, are the products, services and information of those third parties, not of XSport Fitness. Those third party products and services are not provided by us and are not included within the definition of the benefits in your XSport Fitness membership agreement. Representations and warranties regarding third party products and services made by third parties are the representations and warranties of those third parties and not of any of XSport Fitness. XSport Fitness shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties or the acquisition or use of third party products or services. If you purchase or otherwise obtain or use third party products and services, your legal relationship will be with that third party supplier and not us. You must check with any third party supplier for the terms of provision of such products and services and the costs and charges involved and all other terms and conditions of acquisition and use. You agree that any all charges and fees associated with a promotion are your sole responsibility and are not included in the fees or charges paid by you in connection with your XSport Fitness membership.

Change of Webpage; Incorporation

This Web page may change, including without limitation be eliminated, at any time. Without limiting the generality of the preceding sentence, information, promotions, advertisements, terms and conditions published on this Web page are subject to change in whole or in part, including elimination, at any time and without notice. The General Terms of Use of This XSport Xclusive Savings Club Web page are incorporated into this Disclaimer and Release and made a part hereof.

Your Agreements (Including Without Limitation Release and Indemnification)
By acting upon the information or links on this Web page or otherwise using this site (including without limitation using any link), you agree (i) to the terms and conditions of this Disclaimer and Release; (ii) that Illinois law shall apply to all the terms and conditions of this Disclaimer and Release and that you submit to the jurisdiction of the courts of Kane and DuPage County Illinois if a dispute arises; (iii) that none of the Releasees (defined below) shall be liable to you for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, arising in connection with this Web page or third party products and services; (iv) that you release XSport Fitness, XSport Fitness 's affiliates, and each of their respective shareholders, members, partners, officers, directors, managers, agents, attorneys and employees (“Releasees”) from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) arising from or related to third party products and services or from the information, promotions or links provided on this Web page; (v) that any claim, cause of action or dispute by you against any Releasee ("Claim") arising out of or related to this Web page or third party products and services is governed by Illinois law regardless of your location or any conflict or choice of law principle; (vi) that Claims must be resolved exclusively by state or federal court in Kane or DuPage Counties, Illinois and that you submit to personal jurisdiction of said courts; (vii) that any Claim arising from or related to this Web page or third party products and services must be filed against the subject Releasee within One (1) year after it arose or such Claim shall be waived by you and forever barred from being filed; (viii) not to bring or take part in a class action against any of the Releasees; (ix) to indemnify and compensate Releasees for any damage, loss, and expense (for example, legal fees) incurred by any of them and arising from any breach of any of your agreements in this paragraph; and (x) that, if any provision, or portion thereof, in this Disclaimer and Release shall be found by a court of competent jurisdiction to be void or unenforceable, such finding shall not affect any other provision of this Disclaimer and Release or the balance of such provision or the validity or enforceability of this Disclaimer and Release exclusive of the particular provision or portion found void or unenforceable.

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