TERMS OF USE
1. IntroductionThis page states the terms and conditions (Terms) under which you may use the Web Site. Please read this page carefully. If you do not accept the Terms, do not use the Web Site. By using the Web Site, you are indicating your agreement to be bound by the Terms. If you are a member of the Web Site, your use of the Web Site is also subject to the terms and conditions set forth in the Membership Agreement. Athletic IQ may revise the Terms at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Web Site after we post changes to the Terms means you accepted the changes. The terms "you" and "user" refer to all individuals and/or entities accessing the Web Site for any reason.
2. Use of materialThe contents of the Web Site, including, but not limited to, text, graphics, sounds, images and other material ("Material"), are owned by Athletic IQ and third party service providers ("Service Providers") and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.
Athletic IQ authorizes you to view and download a single copy of the Material on the Web Site solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other web site or in a networked computer environment for any purpose.
You may not copy or adapt the HTML or other code that Athletic IQ uses to generate its pages. This code is also protected by Athletic IQs copyright and other intellectual property rights.
You may not, without the prior written permission of Athletic IQ, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the pages, data or content found on the Web Site or accessed through the Web Site.
3. Site UseGeneral Rules: You may not use the Web Site 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, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in Athletic IQ's sole discretion.
Security Rules: You may not violate or attempt to violate the security of the Web Site or use the Web Site to violate the security of other web sites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Web Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Athletic IQ packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Athletic IQ may investigate violations of the Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses: Without limitation, Athletic IQ specifically prohibits any use of the Web Site, and you may not use the Web Site, for any of the following:
distributing or otherwise publishing, without Athletic IQ's prior approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
soliciting other users of the Web Site to join or become members of any online or other service; or
deleting or revising any material posted by any other person or entity.
Option to Remove: All chat and bulletin board communications are public and not private. Although we reserve the right to remove, without notice, any bulletin board posting for any reason, we have no obligation to delete content you may find objectionable or offensive.
4. TrademarksAthletic IQ is a trademark of Athletic IQ, Inc. This list is not a comprehensive list of all Athletic IQ trademarks. The absence of a trademark, product or service name or logo from this list does not constitute a waiver of Athletic IQs trademark or other intellectual property rights concerning that name or logo.
All other products, services, and company names mentioned in the Web Site may be trademarks or service marks of their respective owners.
LinksIf you use the hyperlinks to access these other websites, you will leave the Athletic IQ website and your browser will be re-directed to the other websites. Athletic IQ may not have reviewed the content of these other websites, and, whether or not it has reviewed the content of any other websites, does not warrant or make any representation regarding any other website's accuracy or authenticity. The hyperlinks to other websites do not constitute an endorsement by Athletic IQ. Athletic IQ is only providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Athletic IQ of the other website.
No one shall link to the Athletic IQ website without the prior written permission of Athletic IQ.
Notwithstanding anything to the contrary contained in this Terms of Use, we reserve the right to deny permission to link to the Athletic IQ website from any website for any reason in our sole and absolute discretion.
5. Linking to the websiteIf you would like to link to the Web Site, you must comply with the following. A web site that links to the Web Site:
may link only to home page of the Web Site http://www.athleticiq.com;
should not frame or create a browser or border environment around the Web Site;
should not imply that Athletic IQ is endorsing your web site or your products or services;
should not misrepresent your relationship with Athletic IQ;
should not present false information about products or services on the Web Site;
should not use Athletic IQs trademarks or logos without prior permission from Athletic IQ; and
should not contain content that we might consider distasteful or offensive.
6. InformationPlease see Athletic IQ's Privacy Policy for details regarding Athletic IQs use of information collected from users of the Web Site.
7. SubmissionsExcept as otherwise provided in the Membership Agreement, by submitting content to the Web Site, including message boards, forum, contests and chat rooms, you grant Athletic IQ and Athletic IQs affiliates the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights, has validly and irrevocably granted you the right to grant the license to Athletic IQ stated above. You also permit any user of the Web Site to access, store, use, display, and copy such content for personal use.
8. Athletic IQ's LiabilityThe Material may contain inaccuracies or typographical errors. Athletic IQ makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Athletic IQ reserves the right, at Athletic IQs discretion, to modify, add, or remove portions of the Web Site at anytime without notice.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material you place on the Web Site.
ATHLETIC IQ DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF YOUR OR ANOTHERS EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, AND (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY.
9. Limitation of Liability and RemediesTHE MAXIMUM AGGREGATE LIABILITY OF ATHLETIC IQ UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO A REFUND OF PAYMENTS WE RECEIVED FROM YOU DURING THE THIRTY-DAY PERIOD BEFORE THE DATE THE LIABILITY AROSE.
NEITHER WE NOR OUR SERVICE PROVIDERS SHALL BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE OR ANY HYPERLINKED WEB SITE.
10. Links to Other SitesThe Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Athletic IQ of the contents on such third-party web sites. Athletic IQ is not responsible for the content of linked third-party sites and do not make any representations regarding the content, suitability, or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.
Athletic IQ cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from Athletic IQ because these sites are owned and operated by independent retailers. Athletic IQ dies not endorse any of the goods or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Athletic IQ does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Athletic IQ with respect to such sites and activity. Athletic IQ strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
11. TerminationAthletic IQ reserves the right, at its sole discretion and without liability to you, to immediately terminate your ability to access the Web Site and/or any other service we may provide to you, with or without cause. Without limiting the foregoing, we may terminate your access if we learn you have provided false or misleading information, interfered with other users or the administration of Athletic IQs services, or otherwise not complied with any of the Terms.
12. IndemnityYou shall defend, indemnify, and hold harmless Athletic IQ, Service Providers, and their respective officers, directors, employees and agents, from and against any claims or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the Terms, including (without limitation) any claim of infringement. Athletic IQ will notify you of any such claim and will cooperate with you, at your expense, in defending against any such claim or demand.
Athletic IQ makes no claims that the Content may be lawfully viewed or downloaded outside of the United States. Access to the Content may not be legal by certain persons. Neither party will be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party. This Agreement and all claims related to it, its execution or the performance of the parties under it, shall be construed and governed in all respects according to the laws of the Commonwealth of Massachusetts, without regard to the conflict of law provisions thereof. Any actions arising hereunder shall be brought solely and exclusively in the federal or state courts sitting in the Commonwealth of Massachusetts, and each party hereby consents to the sole and exclusive jurisdiction and venue of such courts with regard to such actions. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. No waiver of any provision of this Agreement will be effective unless in a writing signed by Athletic IQ or will be deemed a further or continuing waiver of such provision or of any other provision. Except as expressly provided in an end user software license, or in a Legal Notice or other statement by Athletic IQ provided in association with the Services, this Agreement constitutes the entire agreement between you and Athletic IQ with respect to the use of the Web Site and the Services and supersedes all other prior agreements whether written or oral with respect to the use of the Web Site and the Services. No changes to this Agreement may be made except as set forth herein.
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