By accessing and using the Champions Social Club website (the “Site”), you agree to be bound by these Terms of Use (“Terms of Use”). By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at www.championsdallas.com. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
These Terms of Use, along with our Privacy Policy and Club Rules and Charter, both of which are incorporated herein by reference, also set forth the terms and conditions under which Champions Social Club (“Club”) and its related legal entities grant the privileges and rights of private social club Membership to you, including your access to and use of the Club’s premises (the “Services”). You agree at all times to abide by the Club Rules and Charter as found at www.championsdallas.com/membership-policy, updated from time to time at the Club’s sole discretion.
THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MAY NOT USE THE SITE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE AND SERVICES.
This Site is offered and available only to users who are of legal age and status to form a binding contract and reside in the United States or any of its territories. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Club and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Club at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The Club’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Club or its affiliates or licensors. You must not use such marks without the prior written permission of the Club. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. The materials on the Site are provided on an ‘as is’ basis. The Club makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
IN NO EVENT WILL THE CLUB, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, AGENTS, OFFICERS OR DIRECTORS OR SUCCESSORS OR ASSIGNEES OF EACH BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCT LIABILITY, STATUTORY VIOLATIONS OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, (B) ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE SITE OR SERVICES, (C) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE SITE, (D) YOUR INABILITY TO USE THE SITE OR SERVICES FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE SITE, (E) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (F) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, (G) UNAUTHORIZED ACCESS TO THE SITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (H) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (I) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES. DIRECT DAMAGES FOR ALL SUCH CLAIMS SHALL NOT EXCEED THE GREATER OF (1) THE AMOUNT PAID BY YOU TO THE CLUB DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING SUCH CLAIM AND (2) ONE HUNDRED U.S. DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Club, its affiliates and their licensors, service providers, shareholders, employees, contractors, suppliers, agents, officers, directors, successors and assignees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or the Club Rules and Charter or your use of the Site or Services, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
If the Club sells its assets to, or is acquired by another company, or if the Club merges with another company, you, by using this Site or the Services, authorize the Club to assign the personally identifiable information you provided to the Club or that the Club collected while you used this Site or the Services.
You may use the Site and Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site or Services:
Additionally, you agree not to:
All employment applications, contact information submissions, and other contents which you provide to the Club, will be regarded as provided on a non-confidential basis. The Club reserves the right to use this information at its exclusive discretion. The Club is not subject to any obligation (i) to treat the submissions as confidential or (ii) to respond to any submissions.
You are responsible for ensuring that none of your submissions infringe the rights of third parties (including copyright, trademark, patent, commercial secrecy, privacy or other personal rights or intellectual property rights) and to that extent indemnify the Club from all claims of third parties, including attorneys’ fees.
The materials appearing on the Site could include technical, typographical, or photographic errors. The Club does not warrant that any of the materials on its website are accurate, complete, or current. The Club may make changes to the materials contained on its website at any time without notice. However, the Club does not make any commitment to update the materials.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. The Club has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Club of the site. Use of any such linked website is at the user’s own risk.
The Club may revise these Terms of Use at any time without notice. By using the Site or Services you are agreeing to be bound by the then-current version of these Terms of Use.
All changes are effective immediately when we post them and apply to all access to and use of the Site by you after the change is posted to the Site.
By using this Site, you agree that the laws of the United States and the laws of the State of Texas govern these Terms of Use and any claim or dispute you may bring against the Club or its affiliates. You also agree that any arbitration arising from these Terms of Use will be held in accordance with the Federal Arbitration Act.
Subject to the Dispute Resolution procedure stated below, any legal suit, arbitration, action or proceeding arising out of, or related to, these Terms of Use or your use of the Site or Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas or before Texas arbitrators in each case located in Dallas County. You and the Club consent to the exclusive personal jurisdiction of such state and federal courts and arbitrators, agree that venue will be proper in such courts or in front of such arbitrators, and waive any objections based upon forum non conveniens. The choice of forum set forth in this Section shall not be deemed to preclude the enforcement of any action under this Terms of Use in any other jurisdiction.
The owner of the Site is based in the state of Texas in the United States. We provide this Site for use only by persons located in the United States. The Club does not target, market to, or offer its products or services to customers outside the United States. You agree not to submit your personally identifiable information through the Site if you reside outside the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You hereby consent to, “opt-in”, and grant the Club permission to send, and agree to receive marketing and promotional emails, SMS or MMS text messages, and phone calls, for purposes including but not limited to those regarding events, policies, and other information from time to time, with the option to unsubscribe or notify the Club to cease phone communications at any time. These communications may include the use of an automatic telephone dialing system or an artificial or prerecorded voice, AI-generated calls, text messaging, or other automated methods of contact.
When you opt-in to the service, we may send you SMS messages to notify you of any updates to your application status and to engage in discussion throughout your application process.
You can cancel the SMS service at any time. Just text “STOP” to unsubscribe. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to opt-in again, just reply START to the phone number you unsubscribed to and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword “HELP” for more assistance, or you can get help directly at support@championsdallas.com.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
By using this Site and the Services, you agree to try to settle any dispute with the Club arising from or related to your use or access of this Site and the Services by sending a letter describing the basis for the dispute and allowing the Club at least 30 days to respond after the Club will have received your letter. If you want to send such a letter to the Club, send it to privacy@championsdallas.com. Champions Club will respond to you at the address Champions Club has on file for you.
The parties will cooperate and attempt in good faith to resolve any dispute or claim arising out of or relating to this arbitration agreement or the construction, interpretation, performance, breach, termination, enforceability, or validity thereof, or arising out of or relating to your use of or access to the Site or Services.
You and the Club agree to attempt to resolve the dispute under the terms described in the preceding paragraph before you or the Club will commence any litigation or file a claim against the other party.
By using this Site or the Services, you unconditionally agree that any dispute which cannot otherwise be resolved as provided above after the parties have negotiated the resolution of the dispute for at least fifteen (15) business days will be decided entirely by binding arbitration on an individual basis, which means you and the Club waive the right for a judge or jury to decide such claims and means that you may not proceed in a class, collective, or consolidated capacity. Your rights and the Club’s rights during the arbitration process may be more limited than the rights you or the Club would have in civil trial or appellate courts. The Federal Arbitration Act and federal arbitration law apply to this arbitration agreement.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent. You agree that the arbitration will be conducted by Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267, in the State of Texas and the parties will mutually agree to a single arbitrator located in Dallas County. You can contact JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by JAMS’ applicable rules.
The arbitrator shall have the same authority as a state or federal court would have to issue subpoenas to third parties for production of documents and for depositions, in addition to subpoenas to appear at any arbitration hearing. In any arbitration proceeding under this arbitration agreement, all rules of pleading under the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and all rights to resolution of the dispute by means of motions for summary judgment or judgment on the pleadings shall apply and be observed unless you and Champions Club agree otherwise. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings shall be privileged. The arbitrator’s award(s) shall include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. This arbitration agreement shall not be construed to allow or permit the consolidation or joinder of claims of other claimants, or to permit such claims to proceed as a class, representative, or collective action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights. No arbitrator shall have the authority under this arbitration agreement to order any such class or collective action. Any dispute regarding the validity, scope, or enforceability of this arbitration agreement, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. You agree to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis.
The arbitral award will be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived.
Each party will bear its own fees, costs and expenses of the arbitration, and its own legal expenses, attorneys’ fees, and costs of all experts and witnesses, provided, however, that the arbitrator may award arbitration costs, including legal, auditing, and other fees to the prevailing party in the arbitration proceeding if the party prevails on a claim based on a statute or contract that provides for award of such attorneys’ fees and costs to the prevailing party.
Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or Confidential Information; or (d) to enforce any decision of the arbitrator, including the final award.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE CLUB WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
No waiver by the Club of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Club to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
By using this Site and the Services, you unconditionally agree that the Club may terminate and/or block your access to the Site or Services at its sole discretion and without prior notice. You also unconditionally agree that any threatened or actual violation by you of these Terms constitutes an unlawful and unfair business practice. You agree that any threatened or actual violation by you will cause unquantifiable and irreparable harm to the Club for which monetary damages would be inadequate and consent to the Club’s obtaining any injunctive or equitable relief that theClub deems necessary or appropriate. These remedies are in addition to any other remedies that the Club may have at law or in equity.
You consent to the Club performing public records and criminal background checks from time to time at the Club’s sole discretion.
You consent to a release of any photos, videos, and audio of You that may be captured in the Club from time to time and used for Marketing purposes, consistent with the Club Rules and Charter.
These Terms of Use, the Privacy Policy, and the Club’s Rules and Charter constitute the sole and entire agreement between you and the Club with respect to the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site and Services.
This site is operated by Champions Social Club.
If you have any questions regarding privacy, please read our www.championsdallas.com/privacy-policy. All other feedback, comments, requests for technical support and other communications relating to the Site should be sent to privacy@championsdallas.com or mailed to 17480 Dallas Pkwy #216, Dallas, TX 75287.
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