TERMS OF USE

Welcome to the website for West Orange Tennis Club, www.westorangetennisclub.com, (the "Website"). In these terms of use, we also refer to West Orange Tennis Club as “we,” “us” and “our.”  When we say “user”, “you” or “your,” we mean any user of the Website, including any person that accesses the Website, any person who has notice of these terms of use, and any company, or other legal entity on behalf of which such person is accessing or using the Website, as applicable.  West Orange Tennis Club provides the content and services available on the Website to you subject to the following terms of use ("Terms of Use").

These Terms of Use are entered into by and between you and West Orange Tennis Club.  The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of the Website, including any content, functionality and services offered on or through the Website. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you affirm that you are of legal age to enter into these Terms of Use and that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use, which include our Privacy Policy.

1. Privacy

While using the Website, you may provide, or we may collect, information about you. We're committed to protecting the privacy of our customers’ information and explain our policies with respect to the use and disclosure of such information in our Privacy Policy. Our Privacy Policy should be considered as incorporated into these Terms of Use.

2. Accessibility

While we can't guarantee that all the features and functions of our Website will be fully accessible by all people with disabilities, we're committed to making the Website available to all our users, including those with disabilities. If you notice any content, feature, or functionality of the Website that isn't accessible to people with disabilities, please email us at the email listed in the Contact Information section below with the words “Disabled Access” in the subject line. In the email, please provide a description of the specific feature you feel isn't accessible or a suggestion for improvement. We can’t promise that we’ll make the changes you suggest, but we can assure you that we'll take your input seriously and will consider it as we evaluate ways to accommodate all our customers and improve our overall accessibility.

3. Intellectual Property

We own all right, title, and interest, and/or have a valid right to use and sublicense the Website and all content on the Website, including, without limitation, all copyrighted material, trademarks, service marks, logos, trade names, patented material, trade secrets and other proprietary material used on the Website (collectively, “Intellectual Property”).  This content may include, but is not limited to, information, software, data compilations, text, displays, images, graphics, logos, button icons, video and audio, and the design, selection, and arrangement thereof. 

West Orange Tennis Club grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Website for your own personal non-commercial use, subject to your compliance with these Terms of Use, including, without limitation, the restrictions on the use of the Website.  We may, in our sole discretion, suspend, discontinue or terminate this license to you at any time for any reason.  Except as required under applicable law, you must not reproduce, duplicate, distribute, modify, sell, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit, in whole or in part, any of the material on our Website for any purpose without our prior written consent. 

4. Your Obligations and Responsibilities

In the access or use of the Website, you shall comply with these Terms of Use and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage West Orange Tennis Club or services or personnel. No unsolicited email (spam) may be directed to or through this Website. Users may not use this Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS OF USE (INCLUDING OUR PRIVACY POLICY), YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO WEST ORANGE TENNIS CLUB, OUR AFFILIATES, PARTNERS OR LICENSORS.

5. Linking

West Orange Tennis Club has no responsibility and assumes no liability for the unaffiliated sites to which it is linked to or from, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Website or posted to this Website by anyone other than West Orange Tennis Club. We may permit some links for convenience, but such links are not an endorsement by West Orange Tennis Club or our partners of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked sites may differ from those of West Orange Tennis Club and should be reviewed by you when you use the link to access the other website.  

6. Submissions

Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose.

7. Disputes and Governing Law

These Terms of Use, and any dispute, action or obligation arising therefrom or from any use of the Website shall be governed by the laws of New Jersey without regard to the conflicts of laws legislation or rules of any jurisdiction, as if the Terms of Use were a contract wholly entered into and wholly performed within New Jersey.

8. Waiver and Severability

No waiver by West Orange Tennis 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 West Orange Tennis 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, unenforceable or otherwise contrary to law, 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.

9. Class-Action Waiver

You agree that you may bring disputes against West Orange Tennis Club only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including, without limitation, a federal or state class action lawsuit. However, nothing in this section limits your right to bring a lawsuit against West Orange Tennis Club as an individual plaintiff. This provision applies to the maximum extent permitted by applicable law to all claims that arise under, in connection with, or relate to this these Terms of Use, or your use of our services.  

10. Indemnification

You agree to defend, indemnify and hold harmless West Orange Tennis Club, its affiliates and its partners, together with their respective employees, consultants and agents, as applicable, and their successors and assigns, from and against all liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Website, your breach or alleged breach of these Terms of Use, or your breach or alleged breach of any intellectual property or other proprietary rights of third parties with respect to any user content you post to the Website.

11. Limitation of Liability

In no event shall West Orange Tennis Club, its affiliates and its partners, together with their respective employees, consultants and agents, as applicable, and their successors and assigns, be liable for damages or losses of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of the Terms of Use), under any legal theory, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any content or services obtained through the Website, even if West Orange Tennis Club, its affiliates or its partners have been advised of the possibility of damages and even if the possibility of damages is otherwise foreseeable.

12. Disclaimer of Warranties

You acknowledge and agree that your use of the Website in any way, including any downloads from the Website, is solely at your own risk and that you will be solely responsible for any damage or loss that you may incur from use of the Website.

The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any warranty of any kind, either express, implied or statutory.  We make no warranty or representation with respect to (i) the completeness, security, reliability, quality, accuracy or availability of the Website; (ii) the accuracy, reliability, and otherwise expected performance of any content or services obtained through the Website; (iii) the absence of viruses or other malicious code; and (iv) correction of defects or other operational limitations on the Website.

WEST ORANGE TENNIS CLUB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Additionally, we provide no warranty or undertaking, and make no representation of any kind that the services provided through the Website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.  NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00 USD).

These disclaimers shall apply to the fullest extent permitted by law.


13. Entire Agreement

The Terms of Use and our Privacy Policy – West Orange Tennis Club constitute the sole and entire agreement between you and West Orange Tennis Club with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

14. Modification of Terms of Use

We reserve the right, in our sole discretion and without notice, to change these Terms of Use at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms of use.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time/frequently/each time you access this Website so you are aware of any changes, as they are binding on you.

Contact Us

If you have any questions about these Terms of Use, you can contact us by email at web@westorangetennisclub.com

Last Updated: [September 23, 2026]