Terms of Use
AVAC Terms of Use
Thank you for choosing the Almaden Valley Athletic Club. Since 1976, Almaden Valley Athletic Club has been a favorite destination for San Jose families. Throughout the years, the club's owners have consistently upgraded the equipment, programs & services to meet members' changing lifestyles. We value and appreciate your patronage as one of our Users. However, that patronage - and the patronage of any and all our online products and services, such as this website and any mobile websites and mobile applications (“Service” or "Services", further defined in Section 1 below) owned or operated by Almaden Valley Athletic Club (“AVAC”, "we", "us", "our") - are subject to the rules of our Terms of Use ("Terms" or “Agreement”).
The following Terms represent a binding contract. Make sure to carefully review them before using the Services provided by us. Your access to our Services is governed by these Terms. This is a binding agreement. By using the Internet sites located at https://www.avac.us/ (the “Site”, “Sites”, “Website”, or “Websites”) or any of our other Services, you agree to abide by these Terms of Use, as they may be amended by us from time to time in our sole discretion and any posted guidelines or rules applicable to the Services (unless you offer different terms which are accepted in writing by AVAC). If you are a third party accessing the Services with the consent and on behalf of a member, you agree you have the authority to agree to these Terms on the behalf of that client, customer, or other entity. If you are looking for our swim school, AVAC Swim School’s Terms of Use may be found here.
In addition, when you use any current or future version of this Site or any other Service, you also will be subject to the terms and conditions of this Agreement, as well as any additional terms of that Service. Please print a copy of this Agreement for your records.
PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW IN SECTION 15 CAREFULLY. THIS ARBITRATION AGREEMENT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH AVAC ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
While we may notify you of changes to these Terms of Use, it is your responsibility to read any notices we send, and to review these Terms of Use periodically, as written here. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site and Services offered through the Site.
1. Definitions.
A. Services. AVAC’s services consist of websites (including https://www.avac.us/ ), and other related services (collectively the “Services”) designed to enable users (“Users”) to learn more about the Almaden Valley Athletic Club, interact with options related to our products and services, and manage some elements of their memberships.
B. Users. Anybody who uses our Services is considered a User for purposes of the Services.
C. Our Content. All information and data not created by Users, including but not limited to visual and/or audio content, written posts and comments, software, or scripts generated, provided or otherwise made accessible on or through the Services.
D. User Content. Information and data generated by Users.
E. Content. Our Content and User Content referred to collectively.
2. Eligibility.
A. Age Requirement. You agree that by using the Service you represent that you are at least 18 years old and that you are legally able to enter into this agreement. If you are under 18 or otherwise legally unable to enter into this agreement, you may not use the Services without written approval of parent or guardian which may be sought at our in-person locations. While we do sell products and services for children, we do not sell products or services to children. We only sell products or services to adults, ages 18 years and older, who can purchase them in compliance with these Terms.
B. Eligibility Subject to Change. We may change these eligibility criteria at any time. We may also refuse to offer the Services to anyone for any or no reason.
C. Compliance with Local Laws. It is your responsibility to ensure that your use of our service under these Terms complies with all applicable laws, rules and regulations (collectively “Laws”). If at any time your use of all or any part of the Services conflicts with any Laws, your right to use the Services is revoked.
D. Geographic Requirement. AVAC is located in the United States, and provides services for domestic users. You are not eligible to use the Services if you are a resident of the European Union or otherwise subject to the protections of the European Union’s General Data Protection Regulation.
3. Registering an Account and Account Responsibilities
A. Accounts. We provide resources and include assets which are freely available to the public as well as those which require you to sign up for Services by registering for an account (“Account”). When you are required to open an account to use or access a Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide information including an email address, full name, and password. You are responsible for keeping the email address and other information associated with your Account accurate and up to date.
B. Improper Use of Accounts. You agree not to (1) intentionally impersonate another person by using their name and/or email address or (2) use a name and/or email address for which you do not have the proper authorization. If you make an account on behalf of another person, you must first have proper authorization from that person. You also agree to comply with the Permissible Use Policies set forth in Section 7. You’re responsible for all activity and Content on your account, regardless of whether you performed or authorized the activity or not.
C. Securing Passwords. You are entirely responsible for maintaining the confidentiality of your password. Never publish, distribute or post your Account login information. You are responsible for any activity that occurs on your Account.
D. Multiple Accounts, Terminated or Suspended Accounts. If you previously had an account with us or currently have an account with us, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies. While some Services may share Accounts, you may need a new account for a new Service. For instance, our https://www.avac.us/ site and our https://www.avacswimschool.us/ Site require separate Accounts.
E. Decisions Regarding Account Use. You are responsible for any decision to use the Services, either by yourself or with another User, so long as you share ownership of or have authorization to use the data contained in your Account.
F. Other People's Accounts. You may not use another person’s Account or registration information for the Services without permission from the owner of that Account.
G. Notifying AVAC of Security Breach. You agree to notify us immediately of any unauthorized use of your account, username, or password, other security breach, or change in your eligibility to use the Services. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by AVAC, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
H. Deleting Your Account. You may delete your Account by canceling your membership through the Site. However, some or all of the information related to the account may still exist. Some of these Terms of Use will still apply after deleting your account and/or canceling your relationship with AVAC. For more information see Section 24.
4. Changes to Your Information
A. Agreement to Update Contact Information. You agree to keep your profile information up to date, including but not limited to, your name, email address and billing information. We are not responsible for any Services issues arising from your failure to keep your account information current, such as payment processing errors or fees.
B. Updating Your Account Details. You may change your account details using your Account through the Site. You may update and change your password and account details through our Site and via our service provider ClubAutomation. You are responsible for making changes to ensure any information provided to AVAC is up to date and accurate.
5. Your Information. AVAC respects your privacy and your personal information. You may review our Privacy Policy, which is incorporated herein by reference. We comply with all applicable privacy law requirements. By using the Services, you agree you have read and understand our Privacy Policy.
6. The Proprietary Rights of AVAC and User Content
A. Proprietary Content. Our Content is either the property of AVAC or our suppliers or licensors. We also maintain ownership of any and all anonymized data relating to any use of the Services and can use it for any purpose. The Content is protected by copyrights, patents, trademarks, service marks, trade secrets, and/or other rights and laws. You agree to maintain all copyright notices, information and restrictions contained in any Content that you access through the Services.
B. Trademarks. Some Content consists of trademarks or registered trademarks of AVAC in the United States and other countries, and all rights are reserved. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all AVAC or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to AVAC or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of AVAC or any third party.
C. Copyright. All copyright rights in Our Content, including but not limited to text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by AVAC or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes not expressly allowed in these Terms. Nothing stated or implied on the Site confers on you any license or right under any copyright of AVAC or any third party. The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein or by applicable law, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Site, or use the contents of this Site in litigation, or for any commercial or promotional purposes, without the express written consent of AVAC or its lawful successors and assigns. For usage permission, contact us.
D. User Content. Users grant AVAC a worldwide, non-exclusive, non-revocable, perpetual, royalty-free, payment-free, freely-transferable, freely sublicensable license to reproduce, publish, or otherwise use and authorize others to use the User Content in any manner AVAC wishes. We do not grant other Users any rights in relation to User Content not already belonging to them. Any such rights may only be granted to you by the owner(s) of such User Content.
E. Licensed Exclusively for Use of Services. While you follow these Terms, we grant you a worldwide, revocable, non-exclusive, non-transferable and non-sublicensable license to use (i.e., to download and display on your local device) Content for the sole purposes of using AVAC Services. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
F. Prior Written Permission Required. You agree not to use, reproduce, modify, distribute or store any Content for purposes other than using our Services without our prior written permission.
G. No Unauthorized Use of Content. You agree not to sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates our rights or any third party right. AVAC neither grants, nor implies, nor gives consent in any way to make unauthorized use of any intellectual property or other property of AVAC, our suppliers, or our licensors. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AVAC or our affiliates without express written consent. You may not use meta tags or any other hidden text using AVAC's name or trademarks without the express written consent of AVAC. You may not make any part of this Site available as part of another service by "deep linking" or otherwise, or create any links to this website, and, in particular, you may not use AVAC logo or any other proprietary graphic or trademark as part of any "hot" link or hyperlink to this website, without the express prior written permission of AVAC. Any unauthorized use terminates the permission or license granted by AVAC.
H. Moderating, Removing and Modifying Content. We may moderate or review any Content to verify compliance with these Terms and any applicable Law. However, we are not obligated to moderate or review any content. We also retain the right to (1) remove, edit or modify any Content in our sole discretion at any time, without notice to you and for any reason (for instance, if we think you may have violated these Terms) or for no reason at all or (2) to remove or block any Content from the Services. Whether or not we enforce these Terms and/or moderate, remove, or modify any User Content, the views expressed by Users on our Services do not represent the views of AVAC. We do not sponsor, endorse, authorize, or approve any User Content.
7. Permissible Use
A. Lawful and Compliant Use. As a condition of using the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and all applicable Laws. AVAC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable Laws.
B. Privacy of Other Users. You also agree to respect the privacy and all personally identifiable information not displayed publicly (“Secure Information”) of other Users and other users of the Services. This includes, but is not limited to, uploading, downloading, displaying, posting, performing, transmitting, or otherwise making available through the Services any content which contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for AVAC including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent.
C. Compliance With Intellectual Property Laws. When accessing the Site or using the Services, you agree to obey the Law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any User or third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant Laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your Account.
D. Content Restrictions. You agree not to, and shall not allow anyone else to distribute any Content through any AVAC Service by uploading, downloading, displaying, posting, performing, transmitting, and/or submitting said Content, or otherwise take any action to distribute said Content through any AVAC Service which:
a. includes anyone else’s identification documents, sensitive financial information, or other Secure Information;
b. you know to be false, misleading, or inaccurate, including any misrepresentation regarding AVAC, yourself, and/or other Users;
c. intimidates, bullies, stalks, abuses or harasses any person or entity, including any of our representatives, employees, and Users;
d. is likely to upset, embarrass, inconvenience, or cause anxiety or serious offense to anyone else;
e. impersonates or falsely states or suggests any affiliation, endorsement, sponsorship between you and any person or entity, including any of our representatives, employees, and Users which have not factually approved, licensed, or endorsed the Content;
f. constitutes unauthorized or unsolicited advertising, or otherwise solicits funds or is a solicitation for goods or services, or is junk or bulk e-mail, regardless of whether similar communications are prohibited by local Law or not;
g. is unlawful, threatening, defamatory, abusive, harassing, libelous, deceptive, fraudulent, hateful, discriminatory, invasive of another's privacy, tortious, promotes violence, or is otherwise inappropriate as determined by AVAC in their sole discretion;
h. advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign Law or regulation;
i. regardless of local legality, any sexually explicit content;
j. contains, promotes, advertises or refers to acts of violence or hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic); or
k. without the express written consent of AVAC, involves or promotes third party commercial activities or sales, including but not limited to: contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads.
l. Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
E. Restrictions on Use of AVAC Services. You agree to only use any of AVAC Services for your own personal use and not to sell, rent, transfer, or share your account or any Content obtained from your use of our Services to or with anyone else.
F. Violating AVAC’s Security. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation,
a. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
b. attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
c. interfering or attempting to interfere with service to any User, user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
d. using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services;
e. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
f. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
g. using any automated program, tool or process to access our Services, including without limitation “web crawlers,” “robots,” “bots,” “spiders,” and automated scripts for any reason, including to “extract” or “scrape” Content.
h. acting in contravention to any local laws regarding the violation of security of computer systems.
Breaches of this Permissible Use Section may lead to your Account being suspended or terminated as set out in these Terms of Use. If you receive any Content through the Services from another User that you believe to violate these Terms of Use (i.e. a review which is harassing, intimidating, impersonating another person, etc) you may contact us regarding the matter.. We may make reasonable efforts to investigate any such claims and will take, in our own sole discretion, appropriate action. Such action can include, but is not limited to, warnings to the messaging User or termination of access to the Services for said User.
8. You Consent to Receive Electronic Communications
A. Notifications. AVAC, or our Service Providers such as ClubAutomation, may send you notifications, notices, or links, via your email, phone, text messages, messages to your account, or via your mobile device. By using the Services, you agree to receive these notifications. The types of notifications you may receive include, but is not limited to, changes to these Terms, invoices or records of payment, marketing communications, and any number of other communications related to our Services. Any notification is considered "in writing," regardless of whether it is in a paper format, a digital format, or some other format.
B. Notification Procedures. Anything sent to you is considered received immediately if sent to you by electronic notification without any indication of failed communication. An electronic notification is sent at the time it is directed by AVAC to your email address or other means of receiving electronic notifications. You agree these are reasonable procedures for sending and receiving electronic notifications.
C. Paper Notifications. We reserve the right, but are under no obligation, to send notifications in a paper format.
9. Links to Third Party Sites.
A. Links to Outside Sites. You mayfind links to third party websites, services or resources as you use our Services. AVAC has no control over, and no liability for any third-party websites or materials. AVAC works with a number of partners and affiliates whose websites may be linked with the Site. Additionally, Users may link to third-party websites in User Content. Because neither AVAC nor the Site has control over the content and performance of these partner and affiliate sites, or sites linked to by Users, AVAC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and AVAC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that AVAC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, such as with another site’s own Terms of Use, these Terms of Use shall govern your use of any and all third-party content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVAC IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
B. No Endorsement. The inclusion of a link to any other site on any AVAC Service does not mean or imply that we endorse or are associated with that site or its operator.
10. Payments and Billing
A. AVAC Payments. All payments between AVAC and Users are conducted in United States Dollars (“USD” or “$”).
B. Payment Methods. When you add a payment card, bank account, or other means to make or receive payments to your account, you authorize us to supply your payment information to our third party provider(s) for the purpose of processing your payments. We are not responsible for any additional charges by your bank or other third parties. You agree to keep your payment methods current and up to date and will notify us promptly if any payment method is canceled or rendered inactive. If you provide multiple forms of payment and one is rejected for any reason, the other forms of payment may be used to collect said payment.
C. Membership Terms. If you decide to enroll in one of our membership programs, the terms of that program will apply in addition to these Terms.
D. Referral Programs and Referral Program Terms. AVAC does have a referral program. You could get $10 off per referred membership, per month, as a credit on your account, for the duration that the referrals are active members without canceling. See link for details. Referrals cannot be managed through your Account, so contact us or speak with our staff at the club.
E. Refunds. AVAC offers refunds at our sole discretion. To request a refund, contact our support team. If approved, refunds can take a variable amount of time to be completed.
F. Chargebacks. You understand and agree you will not make requests for a refund or a chargeback request from your payment card(s) without justification. A chargeback occurs where a User disputes a charge that appears on their bill with their bank or credit card provider, requesting the charges be reversed. You agree, whenever possible, to use our support systems to request a refund first. If you do not use our support systems to request a refund first, and we determine in our sole discretion any chargeback or refund request was made without justification and/or in bad faith, we may suspend or terminate your account. You acknowledge that transactions subject to a chargeback will be suspended until the chargeback is resolved and the Services are paid for. Further, where you initiate a chargeback, and do not use our support systems to request a refund first, we will be unable to assist with any request for a refund. AVAC reserves the right to contest chargebacks, but is not obligated to do so.
G. Payment Processor. AVAC uses the third-party service ClubAutomation to charge any costs or fees associated with your payments, plus applicable tax to the credit card or other payment method you have provided. Our third-party payment processor’s Terms of Use also apply, and we encourage you to read them on their site at https://www.clubautomation.com/legal/terms-of-use. AVAC reserves the right to change the third-party payment providers that we use and if we do so, we will notify you of the change and any additional information required from you and store applicable details on your Account. It is your responsibility to provide any such additional information in a timely manner and ensure that information is accurate.
BY USING ANY OF AVAC’S SERVICES YOU HEREBY AGREE TO BEING CHARGED FOR THOSE SERVICES, AND ANY FEES ASSOCIATED WITH ANY PRODUCTS OR SERVICES YOU PURCHASE, VIA THE PAYMENT METHOD YOU HAVE PROVIDED. YOU WILL BE CHARGED AUTOMATICALLY BY US WITHOUT FURTHER AUTHORIZATION FROM YOU. YOU WILL NOT RECEIVE ANY SERVICES THAT ARE NOT PAID FOR.
H. Not Responsible for Lost Funds. AVAC is not responsible for any unauthorized activities, payments, or withdrawal of funds resulting from any lost, stolen, or compromised User accounts, passwords, or email accounts.
11. Warranty Disclaimer.
A. No Special Relationship or Fiduciary Duty. AVAC has absolutely no special relationship or fiduciary duty to you. By using AVAC Services, you release us from any and all liability for any release of your information pursuant to our terms. This includes, but is not limited to, releasing information, pursuant to our (1) receipt from you, or what appears to be you, of any instructions or permissions authorizing such release to any other person, including without limitation any party you have granted access to or (2) compliance with any Laws.
B. Security Measures. AVAC makes use of commercially reasonable