Welcome to the Athletes' Inc. High Performance Web Site (the "Web Site"), a Web Site accessible via the Internet to the general public. This web site provides, among other information and data, access to the Athletes' Performance training program content. The Web Site and its contents and related services are owned and administered by Athletes' Inc. ("API").
By accessing and using the Web Site, or otherwise availing Yourself of the services and information offered through the Web Site, You - the "User" - agree to be bound by Acceptable Use Policy (hereinafter "AUP") in effect at the time of each such access or other use of the Web Site. THIS AUP APPLIES TO ALL USERS OF THIS WEB SITE, REGARDLESS OF WHETHER THEY ARE MEMBERS OR MERELY VISITORS.
You also acknowledge that API may, from time to time, and in its sole discretion and without notification to You, modify this AUP. It is Your responsibility to apprise Yourself of any such revision or modifications each time you visit or use the Web Site. If You do not so agree, You are not authorized to access or use the Web Site in any manner, and You must exit the Web Site immediately.
API is the provider of access to a Web Site containing customized sports and conditioning training and nutrition advice. API has created the Web Site as a means of providing users with access, via the Internet, to this information. The features and information that a user may avail himself of via the Web Site are collectively referred to as the "Services."
In order to access the Web Site and/or use the Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web.
Unless you have express parental permission, you must be eighteen years old or older to access, purchase, or otherwise use any Services via the Web Site. Under no circumstances should this Web Site be accessed or used by anyone under thirteen years of age.
API makes no guarantees regarding the availability of the Web Site or the Services (including the availability of any given Service). Furthermore, API reserves the right, its sole discretion, to discontinue the Web Site or Services and/or modify the contents of the Web Site or the terms of the Services as it sees fit, including but not limited to the Service price, descriptions, and other e-commerce related information and/or functionality. You agree that API will not be liable to You for any such discontinuance or modification of the Web Site or the Services.
API grants You a limited license to access and make personal use of the Web Site for purposes and uses that are legal and that are otherwise permitted by this AUP. Other than page caching, You are not authorized to download or modify the Web Site or any portion of it, except with express written consent of API. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Furthermore, You may not post or transmit through the Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Web Site in any way that restricts or inhibits any other Web Site user from using or enjoying the Web Site consistent with the letter and intent of this AUP.
Any unauthorized use terminates the permission or license granted by API in relation to the Web Site.
API may, from time to time, provide via the Web Site, links to other World Wide Web sites or resources and/or advertisements or other such promotional materials for third-parties. Because API has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, User acknowledges and agrees that API is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered via these third-party sites.
Accordingly, User acknowledges and agrees that API shall not be responsible or liable to User in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to web sites and/or the quality of any goods or services offered by or through any linked-to third-party site.
2. Links To the API Web Site From Other SitesUnless otherwise authorized in writing by API, no User or other third-party is authorized to "deep link" to any web page contained in the Web Site (i.e., no links are permitted under any circumstances from third-party web sites to any page of the API Web Site other than the API Web Site home page, coreperformance.fitnessinsite.net). Such links are expressly prohibited. Furthermore, without written permission from API, no User or third-party may link to the API home page in such a manner as to create a reasonable possibility or likelihood of confusion by users of the third-party web site as to the true ownership or sponsorship of the API Web Site and/or as to the existence or lack thereof of some affiliation or other relationship between API and the third-party and/or its web site.
The Web Site Privacy Policy shall govern the maintenance and use by API of all User-provided information and is hereby incorporated by reference as a part of this AUP as if set forth herein in full.
You agree that You will not upload, post, e-mail, or otherwise transmit to the Web Site or to any other User any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
NEITHER API NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE DISTRIBUTED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER API NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICES OR ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF API PRODUCTS VIA THE WEB SITE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Limitation Of LiabilityAPI SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEB SITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. API SHALL HAVE NO LIABILITY WITH RESPECT TO API'S OBLIGATIONS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEB SITE OR ANY WEB SITE PURCHASE MADE BY OR FOR YOU FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF API HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF API TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF SERVICES VIA THE INTERNET, THE COST OF SUCH DISPUTED SERVICES (i.e., THE AMOUNT YOU PAID TO API FOR SUCH SERVICES). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS.
ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
This Web Site provides sports training, physical training, and other information, applications, and content published over the Internet and is intended only to assist users in their personal physical fitness and sports efforts. API is not a medical organization and cannot give you medical advice or a medical diagnosis. Nothing contained in this Web Site should be construed as medical advice or a medical diagnosis. The information and reports generated by API should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this web site. The text, pictures, and description set forth in this web site is for educational purposes only (i.e., it illustrates and explains various fitness-related and exercise techniques) and does NOT advise that You or any other particular web site user undertake or perform any particular technique or exercise. You agree that You will not undertake or perform any exercise or technique described in this web site until and unless You consult with and are cleared by a medical doctor in relation to such participation.
The Web Site is not intended for use by minors, pregnant women, or individuals with any type of health condition. As are all users, such individuals are specifically warned to seek professional medical advice prior to initiating any form of sports training, physical training, or exercise regimen.
You agree to indemnify, defend, and hold harmless API, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Your representations, warranties, or agreements hereunder; and/or (ii) arises out of Your negligence, willful misconduct, or other breach of this Agreement.
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between You and API. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.
This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the State of Georgia, the state of incorporation of API. All contracts resulting from or relating to this Web Site, including Member Agreements, as well as all information and advice provided herein, shall be deemed to been formed, entered into, executed, and/or given/communicated in the State of Arizona.
Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the United States District Court for the Northern District of Georgia or, if that court lacks subject matter jurisdiction, the Superior Court of Fulton County. By accessing and using the Web Site, You submit to personal jurisdiction in Georgia in any action by API against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
The API Web Site contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of the API Web Site are copyrighted as a collective work under the United States copyright laws. API owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of API and the copyright owner, if other than API. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Web Site.
The following trademarks and service marks, along with other API logos and product and service names are trademarks of API. Without the owner's prior written permission, you agree not to display or use in any manner, the API Marks in any manner not permitted by the applicable state and U.S. laws or as otherwise expressly allowed by this AUP.
MARK OR NAME OWNER
API respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately in writing (via certified mail, return receipt requested, or via overnight delivery service) at the contact address set forth below.
Please direct all inquiries and other communications relating to the Web Site and/or the Services to:
API Web Site Information
Athletes' Performance
650 S. Athletes Place
Tempe, AZ 85281
or by email to: vcoleman@athletesperformance.com
You warrant and agree that Your access to and use of the Web Site is in compliance with the laws governing such access, use, and related conduct in Your geographic region.
API may make changes to the information in the Web Site, or to the Services described herein, at any time without notice. API makes no commitment to update this information. It does not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision. API is not a publicly-traded company.
Use of the Web Site or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution.
Furthermore, without limiting other remedies, API may immediately issue a warning and/or temporarily or indefinitely suspend or terminate Your privilege to use and access the Web Site if You: (1) breach this AUP; and/or (2) take actions that API believes may result in legal liability for You, for API, or for other Web Site users.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITE IN ANY WAY. YOU MUST EXIT THE WEB SITE IMMEDIATELY.
Otherwise, enjoy the API Web Site.
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