Agreement between User and www.vbacgym.com

Welcome to www.vbacgym.com. The www.vbacgym.com website (the "Site") is comprised of

various web pages operated by J&L Fitness LLC ("VBAC"). www.vbacgym.com is offered to

you conditioned on your acceptance without modification of the terms, conditions, and notices

contained herein (the "Terms"). Your use of www.vbacgym.com constitutes your agreement to

all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.vbacgym.com is an E-Commerce Site.

Fitness memberships.

Electronic Communications

Visiting www.vbacgym.com or sending emails to VBAC constitutes electronic communications.

You consent to receive electronic communications and you agree that all agreements, notices,

disclosures and other communications that we provide to you electronically, via email and on the

Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

VBAC does not knowingly collect, either online or offline, personal information from persons

under the age of thirteen. If you are under 18, you may use www.vbacgym.com only with

permission of a parent or guardian.

Cancellation/Refund Policy

Memberships may be cancelled within 3 days of signing up with Van Buren Athletic Club in

order to receive a full refund.

Links to Third Party Sites/Third Party Services

www.vbacgym.com may contain links to other websites ("Linked Sites"). The Linked Sites are

not under the control of VBAC and VBAC is not responsible for the contents of any Linked Site,

including without limitation any link contained in a Linked Site, or any changes or updates to a

Linked Site. VBAC is providing these links to you only as a convenience, and the inclusion of

any link does not imply endorsement by VBAC of the site or any association with its operators.

Certain services made available via www.vbacgym.com are delivered by third party sites and

organizations. By using any product, service or functionality originating from the

www.vbacgym.com domain, you hereby acknowledge and consent that VBAC may share such

information and data with any third party with whom VBAC has a contractual relationship to

provide the requested product, service or functionality on behalf of www.vbacgym.com users

and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

www.vbacgym.com strictly in accordance with these terms of use. As a condition of your use of

the Site, you warrant to VBAC that you will not use the Site for any purpose that is unlawful or

prohibited by these Terms. You may not use the Site in any manner which could damage,

disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of

the Site. You may not obtain or attempt to obtain any materials or information through any

means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of VBAC or its suppliers

and protected by copyright and other laws that protect intellectual property and proprietary

rights. You agree to observe and abide by all copyright and other proprietary notices, legends or

other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

VBAC content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter any

proprietary rights or attribution notices in any content. You will use protected content solely for

your personal use, and will make no other use of the content without the express written

permission of VBAC and the copyright owner. You agree that you do not acquire any ownership

rights in any protected content. We do not grant you any licenses, express or implied, to the

intellectual property of VBAC or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities,

personal web pages, calendars, and/or other message or communication facilities designed to

enable you to communicate with the public at large or with a group (collectively,

"Communication Services"). You agree to use the Communication Services only to post, send

and receive messages and material that are proper and related to the particular Communication

Service.

By way of example, and not as a limitation, you agree that when using a Communication

Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights

(such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate

any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name,

material or information; upload files that contain software or other material protected by

intellectual property laws (or by rights of privacy of publicity) unless you own or control the

rights thereto or have received all necessary consents; upload files that contain viruses, corrupted

files, or any other similar software or programs that may damage the operation of another's

computer; advertise or offer to sell or buy any goods or services for any business purpose, unless

such Communication Service specifically allows such messages; conduct or forward surveys,

contests, pyramid schemes or chain letters; download any file posted by another user of a

Communication Service that you know, or reasonably should know, cannot be legally distributed

in such manner; falsify or delete any author attributions, legal or other proper notices or

proprietary designations or labels of the origin or source of software or other material contained

in a file that is uploaded; restrict or inhibit any other user from using and enjoying the

Communication Services; violate any code of conduct or other guidelines which may be

applicable for any particular Communication Service; harvest or otherwise collect information

about others, including e-mail addresses, without their consent; violate any applicable laws or

regulations.

VBAC has no obligation to monitor the Communication Services. However, VBAC reserves the

right to review materials posted to a Communication Service and to remove any materials in its

sole discretion. VBAC reserves the right to terminate your access to any or all of the

Communication Services at any time without notice for any reason whatsoever.

VBAC reserves the right at all times to disclose any information as necessary to satisfy any

applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to

remove any information or materials, in whole or in part, in VBAC's sole discretion.

Always use caution when giving out any personally identifying information about yourself or

your children in any Communication Service. VBAC does not control or endorse the content,

messages or information found in any Communication Service and, therefore, VBAC

specifically disclaims any liability with regard to the Communication Services and any actions

resulting from your participation in any Communication Service. Managers and hosts are not

authorized VBAC spokespersons, and their views do not necessarily reflect those of VBAC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage,

reproduction and/or dissemination. You are responsible for adhering to such limitations if you

upload the materials.

Materials Provided to www.vbacgym.com or Posted on Any VBAC Web Page

VBAC does not claim ownership of the materials you provide to www.vbacgym.com (including

feedback and suggestions) or post, upload, input or submit to any VBAC Site or our associated

services (collectively "Submissions"). However, by posting, uploading, inputting, providing or

submitting your Submission you are granting VBAC, our affiliated companies and necessary

sub licensees permission to use your Submission in connection with the operation of their Internet

businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display,

publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your

name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.

VBAC is under no obligation to post or use any Submission you may provide and may remove

any Submission at any time in VBAC's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and

represent that you own or otherwise control all of the rights to your Submission as described in

this section including, without limitation, all the rights necessary for you to provide, post,

upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your VBAC account to third party accounts. By connecting your

VBAC account to your third party account, you acknowledge and agree that you are consenting

to the continuous release of information about you to others (in accordance with your privacy

settings on those third party sites). If you do not want information about you to be shared in this

manner, do not use this feature.

International Users

The Service is controlled, operated and administered by VBAC from our offices within the USA.

If you access the Service from a location outside the USA, you are responsible for compliance

with all local laws. You agree that you will not use the VBAC Content accessed through

www.vbacgym.com in any country or in any manner prohibited by any applicable laws,

restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless VBAC, its officers, directors, employees,

agents and third parties, for any losses, costs, liabilities and expenses (including reasonable

attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any

user postings made by you, your violation of any terms of this Agreement or your violation of

any rights of a third party, or your violation of any applicable laws, rules or regulations. VBAC

reserves the right, at its own cost, to assume the exclusive defense and control of any matter

otherwise subject to indemnification by you, in which event you will fully cooperate with VBAC

in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or

concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or

otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved

only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a

single neutral arbitrator and administered by the American Arbitration Association, or a similar

arbitration service selected by the parties, in a location mutually agreed upon by the parties. The

arbitrator's award shall be final, and judgment may be entered upon it in any court having

jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of

or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs

and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to

these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,

whether directly or indirectly, including Tort claims that are a result of these Terms and

Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and

enforcement of this provision. The entire dispute, including the scope and enforce ability of this

arbitration provision shall be determined by the Arbitrator. This arbitration provision shall

survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class

arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE

THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH

AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE

OTHER. Further, unless both you and VBAC agree otherwise, the arbitrator may not consolidate

more than one person's claims, and may not otherwise preside over any form of a representative

or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. J&L FITNESS LLC AND/OR ITS SUPPLIERS MAY MAKE

IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

J&L FITNESS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT

THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY

OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,

PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS "IS" WITHOUT

WARRANTY OR CONDITION OF ANY KIND. J&L FITNESS LLC AND/OR ITS

SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH

REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-

INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL J&L FITNESS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,

INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY

DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR

LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED

WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY

TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO

PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR

OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON

CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF J&L

FITNESS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY

OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE

EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL

DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE

DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS

OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE

SITE.

Termination/Access Restriction

VBAC reserves the right, in its sole discretion, to terminate your access to the Site and the

related services or any portion thereof at any time, without notice. To the maximum extent

permitted by law, this agreement is governed by the laws of the State of Arkansas and you

hereby consent to the exclusive jurisdiction and venue of courts in Arkansas in all disputes

arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction

that does not give effect to all provisions of these Terms, including, without limitation, this

section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and VBAC as a result of this agreement or use of the Site. VBAC's performance of this

agreement is subject to existing laws and legal process, and nothing contained in this agreement

is in derogation of VBAC's right to comply with governmental, court and law enforcement

requests or requirements relating to your use of the Site or information provided to or gathered

by VBAC with respect to such use. If any part of this agreement is determined to be invalid or

unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers

and liability limitations set forth above, then the invalid or unenforceable provision will be

deemed superseded by a valid, enforceable provision that most closely matches the intent of the

original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the

user and VBAC with respect to the Site and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral or written, between the user and VBAC

with respect to the Site. A printed version of this agreement and of any notice given in electronic

form shall be admissible in judicial or administrative proceedings based upon or relating to this

agreement to the same extent and subject to the same conditions as other business documents and

records originally generated and maintained in printed form. It is the express wish to the parties

that this agreement and all related documents be written in English.

Changes to Terms

customers must provide a 30 day notice of cancellation once the one year membership is over.

VBAC reserves the right, in its sole discretion, to change the Terms under which

www.vbacgym.com is offered. The most current version of the Terms will supersede all previous

versions. VBAC encourages you to periodically review the Terms to stay informed of our

updates.

Contact Us

VBAC welcomes your questions or comments regarding the Terms:

J&L Fitness LLC

106 W. Pointer Trail

Van Buren, Arkansas 72956

Email Address:

vbac@cox.net

Telephone number:

479-474- 1498

Effective as of May 28, 2017