TERMS OF USE

Welcome to dallasathleticclub.org  (together with its features and services, the “Site”).

Please read these Terms Of Use (“TERMS OF USE”) carefully before using the Site because it constitutes a legally binding agreement between you and any person helping you visit, access or use the Site (COLLECTIVELY, "YOU" or "YOUR"), on the one side, and Dallas Athletic Club, Inc. (“DALLAS ATHLETIC CLUB”), on the other side.

By visiting, accessing or using the Site you automatically accept and agree to the most-recent version of these Terms of Use, as well as the most-recent version of those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Site’s Privacy Policy and Anti-Spam Policy), and your continuing visit, access or use of the Site reaffirms your acceptance and agreement in each instance.


Dallas Athletic Club may supplement, amend or otherwise modify these Terms of Use at any time without notice to you.  Such supplements, amendments, and other modifications will be posted on this or a similar page of the Site, and shall be deemed effective as of their stated effective date.  It is your responsibility to carefully review these Terms of Use each time you visit, access or use the Site.

1. ELIGIBILITY.

The Site is offered to users eighteen (18) years of age or older.  By visiting, accessing or using the Site, you represent and warrant to Dallas Athletic Club that you meet this eligibility requirement.

2. PRIVACY AND ANTI-SPAM POLICIES.

Dallas Athletic Club respects your privacy and the use and protection of your personal information.  Dallas Athletic Club’s policies concerning the collection and use of your personal information in connection with the Site are set forth in the Site’s By visiting, accessing or using the Site you automatically accept and agree to the most-recent version of these Terms of Use, as well as the most-recent version of those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Site’s Privacy Policy and Anti-Spam Policy, which you should carefully review each time you visit, access or use the Site.

3. MOBILE APPLICATIONS.

Certain portions of the Site may be configured for, and Dallas Athletic Club may offer the Site through, mobile devices, mobile websites, and/or mobile applications (collectively, “Mobile Media”).  These Terms of Use shall apply with equal force and measure to your access and use of the Site through Mobile Media.  If you visit, access or use the Site through Mobile Media, then you hereby acknowledge and agree that information about your use of the Site through a mobile device (e.g., iPhone, iPad) and/or a mobile device carrier (e.g., Verizon, AT&T) (such as, by way of example only, the identity of the mobile device, and/or the mobile device carrier) may be communicated to Dallas Athletic Club; and that you accept responsibility for all mobile device and carrier fees, rates, and charges that may apply, if any.

4. SITE OWNERSHIP, ACCESS, AND USE.

4.1.            SITE OWNERSHIP.  The Site and all elements and derivatives thereof (including, without limitation, all information, content, source codes, and object codes), as well as all copyrights, trademarks, and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by Dallas Athletic Club.  In no event shall you have or retain any rights, titles, or interests in or to the foregoing other than those limited rights expressly granted to you under these Terms of Use.  No rights or permissions granted to you under these Terms of Use are coupled with an interest.

4.2.            TRADEMARKS.  The trademarks (including, without limitation, the trademarks, service marks, trade names, trade dress, and logos) found on the Site are owned, licensed, or permissibly used by Dallas Athletic Club.  In no event shall you have or retain any rights, titles or interests in or to those trademarks.  You are prohibited from making any use of those trademarks (including, without limitation, use as meta tags on other websites, and use in any manner likely to cause confusion, disparagement, or dilution of those trademarks).

4.3.            LIMITED LICENSE.  Subject to the terms and conditions of these Terms of Use, Dallas Athletic Club grants you a limited, personal, freely revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the home page of the Site and view the information and content found thereon.  Your unauthorized use of the Site or any breach of these Terms of Use automatically terminates this license.  To secure the right to visit, access and use the member-only sections, features and services of the Site, you must register with the Site; further acknowledge your acceptance of and agreement to these Terms of Use, as well as those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Site’s By visiting, accessing or using the Site you automatically accept and agree to the most-recent version of these Terms of Use, as well as the most-recent version of those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Site’s Privacy Policy and Anti-Spam Policy); and pay all applicable fees and taxes, if any.

4.4.            UNAUTHORIZED CONDUCT.  You shall not engage in, encourage, or incite any of the following conduct in connection with the Site, regardless of whether you are aware or unaware of such conduct:  (a) impersonate any person or entity; (b) infringe or otherwise violate the intellectual property rights of any person or entity (including, without limitation, copyrights, trademarks, patents, and trade secrets); (c) violate the privacy or publicity rights of any person or entity; (d) publish any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, defamatory, disparaging, deceptive, misleading, untruthful, fraudulent, or abusive); (e) publish the personal information of or private facts or content about any person or entity without his/her/its prior written consent; (f) engage in any commercial activities; (g) publish machine, computer, or randomly generated content; (h) publish any content whatsoever which is designed to drive traffic to third-party websites; (i) publish anything on the Site which is designed to boost the search rankings of third-party websites; (j) mislead any person or entity as to the source of any content which you have published on, or caused to be published on, the Site; (k) engage in activities which involve or concern decryption, security bypassing, computer, software or network hacking, data mining, harvesting of client or personal information, reverse engineering, copying, or the like; (l) gain or attempt to gain unauthorized access to computer systems, networks, information, or materials through the Site; (m) use the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or its servers, including, without limitation and by way of example only, sending mass unsolicited messages, “flooding” the Site’s servers with requests, or uploading software codes or programs (malicious or otherwise) to the Site; or (n) otherwise commit any act that Dallas Athletic Club believes in good faith is illegal or harmful to the Site or any person or entity.

4.5.            ACCESS AND INTERFERENCE.  The following practices are strictly prohibited:  (a) the systematic retrieval of any information or content found on the Site to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory; (b) the use of a software, code program, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) used to monitor, copy, disrupt, interfere with, or impermissibly access, in whole or in part, the Site or any information or content found thereon; (c) “screen scraping,” “database scraping,” or any other practice or activity that serves to obtain data or other information about the Site, the Site’s users, or Dallas Athletic Club; (d) framing or the use of framing techniques to enclose any information, content, copyrightable material, patentable material, trademark, trade dress or other properties of Dallas Athletic Club; (e) the use of meta tags or any other “hidden text” utilizing Dallas Athletic Club’s trademarks; (f) the use of any software, program, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) to bypass or circumvent any security measure which Dallas Athletic Club may utilize in connection with the Site or any information or content found thereon, or to impermissibly monitor, copy, disrupt, interfere with or access the Site or any information or content found thereon; and (g) any act that will overload, unreasonably disrupt, or unreasonably interfere with the infrastructure of the Site or its servers.

4.6.            RESERVATION OF RIGHTS.  Nothing in these Terms of Use shall restrict or limit any of Dallas Athletic Club’s rights, titles, or interests in or to the Site or any elements or derivatives thereof.

5. CONTENT LICENSES.

5.1.   GRANTS OF RIGHTS.  All content that you submit to or publish on or through the Site (including, without limitation, all text, photographs, videos, music, and statements) is hereinafter defined as the “User Materials.”  By submitting User Content to, or publishing User Content on or through the Site, you hereby grant Dallas Athletic Club an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual, and universe-wide license for Dallas Athletic Club to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, and otherwise use or exploit the User Materials, in whole or in part, in any manner, medium, or form, whether now known or hereinafter devised, as Dallas Athletic Club sees fit in its sole discretion.

5.2.   WARNINGS; DISCLAIMERS.  Please note that if you submit your name, User Materials, or any other personal information or content through the Site, then it might become the subject of public disclosure.  Thus, Dallas Athletic Club is not responsible for, and expressly disclaims any liability arising from or in connection with, the use or disclosure of any personal information or content that you voluntarily submit through the Site.

6. LINKS TO OTHER SITES.

The Site may contain links to third-party websites (each a “Linked Site,” and collectively the “Linked Sites”).  The Linked Sites are not under the control of Dallas Athletic Club.  The Site contains these links only as a convenience to you.  Dallas Athletic Club is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from the Linked Sites (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information, and illegal content).  Dallas Athletic Club does not make, nor has Dallas Athletic Club made, any representations or warranties (express, implied, or otherwise) concerning the terms of use, privacy policies, information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from the Linked Sites; nor shall the fact that the Site links to a Linked Site constitute an affiliation with, association with, or endorsement of that Linked Site or any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from that Linked Site.  If you decide to access a Linked Site, then you do so at your own risk.

7. TERM; TERMINATION; SURVIVAL.

These Terms of Use shall be and remain in effect in perpetuity, unless earlier terminated by Dallas Athletic Club.  Dallas Athletic Club may terminate your use of the Site at any time, for any or no reason, and without notice to you (including, without limitation, if Dallas Athletic Club believes that you have violated or acted inconsistently with these Terms of Use).  Upon the termination of these Terms of Use, all rights granted to you under these Terms of Use shall automatically revert back to Dallas Athletic Club, and all representations, warranties, covenants, certifications, indemnifications, and promises made by you under these Terms of Use shall survive in perpetuity.

8. E-COMMERCE.

Any payment that you make through the Site are subject to the following terms and conditions, as well as those terms and conditions, if any, of the sales, service, membership, or subscription contract associated with said payment:

8.1.  By providing us with your payment information, you authorize and instruct us to bill your account for the amount payable.  


8.2.   Unless otherwise stated, all payment amounts are quoted in United States dollars.

8.3.   Dallas Athletic Club has the right to refuse its products and services (including, without limitation, the Site) if it suspects that you are in any way involved in fraudulent or illegal activity, including, but not limited to, the use of stolen credit cards.  Dallas Athletic Club may contact your payment method issuer, law enforcement, or others and share information relating to your payments if Dallas Athletic Club believes doing so will prevent a violation of the law or financial loss.

8.4.  You agree that you are responsible for all amounts that accrue under your account.

8.5.  You agree to be responsible for all payments, fines, penalties and other liabilities incurred by Dallas Athletic Club that arise out of or relate to payments that you authorized or accepted.  To the fullest extent permitted by law, you agree to waive all claims against Dallas Athletic Club related to payments unless you submit a claim within thirty (30) days of the charge or payment.

8.6.  You authorize Dallas Athletic Club to obtain updated information from your payment issuer; however, you agree that Dallas Athletic Club has no obligation to do so.

8.7.   You represent and warrant to Dallas Athletic Club that any payment information you provide through the Site is current, complete and accurate billing information; and that you will promptly notify Dallas Athletic Club if your payment information has changed (such as change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.

9. SITE DISCONTINUATION.

Dallas Athletic Club shall have the right in its sole discretion to discontinue the Site and any portions thereof as Dallas Athletic Club deems advisable and without notice to you.  Dallas Athletic Club shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such discontinuation (including, without limitation and by way of example only, refunds or other monetary damages, disruption in service, and loss of content).

10. REPRESENTATIONS AND WARRANTIES.

You represent, warrant and covenant to Dallas Athletic Club that:  (a) you are a natural person; (b) you have read these Terms of Use in their entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of these Terms of Use; (d) you understand and acknowledge that by accepting these Terms of Use you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of these Terms of Use; (f) you will not violate any applicable international, federal, state, or local laws, which may concern the Site or any information or content found thereon; (g) you are the exclusive owner of all rights, titles, and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, rights of publicity, and rights of privacy), and, if applicable, have secured all necessary rights and permissions from any subjects depicted in, and/or persons and entities who contributed to, the User Materials to allow for your performance or grant of rights hereunder; (h) the User Materials are wholly original to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity, or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass, or disclose confidential, private, or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain links to material that is, profane, indecent, obscene, threatening, abusive, illegal, false, misleading, or any form of spam, malware, virus, bug, bot, spyware, or other malicious or tracking technology; (l) Dallas Athletic Club is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted by you under these Terms of Use; and (m) no obligation, disability, agreement, or adverse claim exists that may restrict your performance or grant of rights hereunder.

11. DISCLAIMERS.

11.1.        General Disclaimer.  Your visit, access or use of the Site in any way is done at your own risk.  The Site and all information, content, features, products, and services offered, sold, and/or licensed through the Site are provided on an “as is,” “where is,” “as available,” and “with all faults” basis.  Dallas Athletic Club does not make, nor has Dallas Athletic Club made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written, or express or implied) to you with respect to the Site or any such information, content, products, or services.  Dallas Athletic Club expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, quality, accuracy, and performance), and warranties arising from conduct, course of dealing, custom, and usage in trade with respect to the Site and such information, content, features, products, and services.  Dallas Athletic Club does not make, nor has Dallas Athletic Club made, any affirmation of fact or promise relating to the Site or any such information, content, products or services that has become any basis of this bargain.  There are no warranties (express, implied or otherwise) that extend beyond the face of these Terms of Use.

11.2.        Disclaimer About Certain Information or Content.  Any opinions, advice, statements, offers, or other information or content found on the Site are those of their respective authors, and not necessarily those of Dallas Athletic Club, and, thus, should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such information or content.  Dallas Athletic Club does not guarantee, adopt, or endorse the accuracy, completeness, reliability, or usefulness of any such information or content.  Dallas Athletic Club is not responsible for the accuracy, completeness, reliability, or usefulness of any such information or content.  Under no circumstances shall Dallas Athletic Club be liable to you or any third parties for any loss or damage caused by or arising from or in connection with your reliance on any such information or content.

12. Limitation of Liability.

In no event shall Dallas Athletic Club or any of its officers, directors, members, managers, owners, partners, agents, employees, contractors, sub-contractors, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs, or repair costs) caused by or arising from or in connection with:  (a) your access, inability to access, use, or inability to use the Site; (b) the unauthorized access to or alteration of your information; (c) any statements, content or conduct of any third party on the Site; (d) any hacking, denial of service attacks, data security breaches, or other third-party conduct that may lead to a compromise of your personal information or damage to your computer(s), software program(s), software file(s), or Mobile Media; (e) any transmission, download, or infection of any software, program, process, device, application, or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) that may lead to a compromise of your personal information or damage to your computer(s), software program(s), software file(s), or Mobile Media; or (f) the fact that you have relied on any information or content found on the Site.  If you are dissatisfied with the Site or any information or content found thereon, then your sole and exclusive remedy is to discontinue your access and use of the Site.

13. RELEASE OF CLAIMS.

You hereby release and hold harmless Dallas Athletic Club and its officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, successors, assigns, transferees, and permitted licensees from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damages, negligence, or any other legal theory arising from or in connection with the rights and privileges granted or conveyed by you under these Terms of Use, the User Materials, and/or any elements, derivatives or marketing of the foregoing.  Further, you waive your right to, and in no event shall you seek to, enjoin Dallas Athletic Club or its officers, directors, members, managers, owners, partners, agents, employees, contractors, sub-contractors, representatives, parents, subsidiaries, successors, assigns, transferees, or permitted licensees, or any exercise of the rights or privileges granted or conveyed by you under these Terms of Use (including, without limitation, the User Materials).

14. INDEMNITY.

You hereby agree to indemnify, release and hold harmless Dallas Athletic Club and its officers, directors, members, managers, owners, partners, agents, employees, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorneys’ fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with any breach of your representations, warranties, covenants, certifications, indemnifications, and/or promises under these Terms of Use.

15. COPYRIGHT STATEMENT.

Dallas Athletic Club respects the copyrights of others, and prohibits users from uploading, posting, distributing, or otherwise transmitting any materials on the Site, or engaging in any activities on the Site, which violate the copyrights of others.  The following procedures shall apply in the event that you or another person or entity alleges that the reproduction, public performance, public display, or other use a work found on the Site infringes your copyright or the copyright of said person or entity.  These procedures are intended to comply with 17 U.S.C. § 512 and any other applicable laws. By visiting, accessing or using the Site, you are automatically agreeing to comply with the following procedures.

15.1.        TAKEDOWN NOTICE. To report any materials on the Site that violate the copyrights of others, you must send Dallas Athletic Club a written communication that includes substantially the following:
 

a.         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b.         Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c.         Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

d.         Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

e.         A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f.          A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To report any information location tools (e.g., hyperlinks) on the Site that refer or link users to an online location containing infringing material or infringing activity, you must send Dallas Athletic Club a written communication that includes substantially the following:
 

a.         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b.         Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c.         Identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link;

d.         Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

e.         A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f.          A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 

15.2.        COUNTER NOTICE.  If you believe that any material you have uploaded, posted, distributed or otherwise transmitted on the Site has been removed by mistake or misidentification, and if you have the right to upload, post, distribute or otherwise transmit the material at issue, then you may send Dallas Athletic Club a written communication that includes substantially the following:
 

1.         A physical or electronic signature of the subscriber;

2.         Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3.         A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

4.         The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
 

15.3.        DALLAS ATHLETIC CLUB'S COPYRIGHT ADMINISTRATOR.  The foregoing written communications (i.e., the above-described takedown notice, and the above-described counter-notice) must be sent to the following agent of Dallas Athletic Club:

Communications Director, Copyright Administrator, Dallas Athletic Club, Inc., 4111 Dallas Athletic Club Drive, Dallas, Texas 75528, tel.:  (972) 279-3671, e-mail:  jrobinson@dacstaff.org]
 

15.4.        DISCLAIMERS.  Dallas Athletic Club suggests that you consult with your attorney before you file any of the foregoing written communications (i.e., the above-described takedown notices, and the above-described counter-notice).  A person who knowingly materially misrepresents that material found on the Site is infringing or was removed from the Site by mistake or misidentification may expose himself/herself/itself to liability.

16. GOVERNING LAW.

These Terms of Use, those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Site’s Privacy Policy and Anti-Spam Policy), and all disputes, controversies, and claims arising from or in connection with any of the foregoing, your access or use of the Site, and/or any transactions made through the Site (whether grounded in contract, tort, statute, law, or equity), shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Texas in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis.  For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.

17. DISPUTE RESOLUTION.

Each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state and federal courts located in Dallas County, Texas in the United States of America in each case to the exclusion of all other courts or venues, for the purpose of litigating any dispute, controversy, or claim arising from or in connection with these Terms of Use, those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Site’s Privacy Policy and Anti-Spam Policy), your access or use of the Site, and/or any transactions made through the Site (whether grounded in contract, tort, statute, law, or equity), and covenant and agree that neither of the foregoing is an inconvenient venue or forum.

18. MISCELLANEOUS.

18.1.        NO RELATIONSHIP.  In no event shall these Terms of Use, or the performance of a Party’s rights or obligations under these Terms of Use, create any type of fiduciary, franchise, agency, employment, independent contractor, partnership, or joint venture relationship between the Parties.

18.2.        EXCUSED PERFORMANCE.  Dallas Athletic Club is hereby excused for any failure to perform under these Terms of Use to the extent that their respective performance is prevented by any reason outside of their reasonable control or that may be characterized as a force majeure event.

18.3.        ASSIGNMENT & DELEGATIONS.  You shall not assign or delegate any of your rights or obligations under these Terms of Use without Dallas Athletic Club’s prior written consent.

18.4.        HEADINGS.  Section headings are inserted in these Terms of Use for reference and convenience only and shall  not interpret, define, limit, or describe the scope, intent, terms or conditions of these Terms of Use.

18.5.        SEVERABILITY.  If any term or condition of these Terms of Use is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of these Terms of Use.

18.6.        ENTIRE AGREEMENT
.  These Terms of Use, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Site’s Privacy Policy and Anti-Spam Policy), constitute the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersede any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective affiliates, successors, devisees, heirs, assigns, and transferees.

19. CONTACT US.

Please direct any questions you may have about the Site or these Terms of Use to any one of the following:

By mail:           Dallas Athletic Club, Inc., attn.:  Communications Director, 4111 Dallas Athletic Club Drive, Dallas, Texas 75528, with a subject line of “Website Question.”

By e-mail:        jrobinson@dallasathleticclub.org, with a subject line of “Website Question."

The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of these Terms of Use.

20. EFFECTIVE DATE.

The effective date of these Terms of Use is July 1, 2015.