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Subject to the terms and conditions below, and your acceptance of them, Athlete Ally agrees to grant, and you agree to take, a non-exclusive, non-transferable, non-assignable license (without right of sub license) to use and display the Site and Services and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user (“Limited License”).
You may not assign this Limited License or any of the rights or licenses granted under this Agreement or rent, lease, or lend the Site to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this Agreement is void. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Site or Services or related software without the prior written consent of Athlete Ally, or otherwise violate the single computer, non-commercial display and use Limited License granted hereunder. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services or Site by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
AthleteAlly.com is intended for United States residents.
You agree to use the Services only as lawful in the United States, and the relevant jurisdictions and subdivisions thereof.
If you are a resident of another nation, your use of this Site is conditioned upon (1) your representation to Athlete Ally that your use of the Site and the Services is legal under the legal system applicable to you, (2) your agreement to use the Site and Services only in a manner that complies with any law applicable to you, and (3) your specific indemnification of Athlete Ally against claims arising under the legal system applicable to you to the fullest extent allowed by applicable law.
Unless otherwise specified in writing on the Site, all materials that are part of the Site (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Site Materials”) are owned, controlled or licensed by Athlete Ally and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. The entire contents of the Site and Services (including the Site Materials) are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. Athlete Ally owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to Athlete Ally. All other trademarks and service marks appearing on the Services are the property of their respective owners, including, in some instances, Athlete Ally. All rights are reserved.
You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any of the content of the Site (including the Site Materials other than your own User Content (defined below)), nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from the Site, except as expressly permitted herein, without the express prior written permission of Athlete Ally and the owner of such Site Materials (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Services.
Your User Content must be wholly original to you, and you agree that you will not assert any interest in your User Content against Athlete Ally and that Athlete Ally has no obligation to return your User Content.
You should also be aware submissions of User Content may not be secure, and you should consider this before submitting any information to Athlete Ally.
By transmitting your content to the Site or Athlete Ally, you are granting to Athlete Ally an unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise use in any manner whatsoever, all or any portion of your User Content and any Collaborative Content (defined below) to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that Athlete Ally is free to use any ideas, information, concepts, know-how or techniques contained in any User Content you send to the Site or Athlete Ally, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise in connection with products and/or services using such User Content, and without remuneration of any kind to you.
You acknowledge and agree that Athlete Ally may, but is not obligated to, review, monitor, display, archive, maintain, accept, profit from, delete, move, re-format, edit, alter, distort, remove, block or use User Content at any time and without notice to you as it deems fit. You also agree and understand that Athlete Ally is not obligated to use User Content and/or Collaborative Content and that you will not receive any additional consideration or compensation for your User Content and/or Collaborative Content or for any further or derivative use of it. Your access to the Site and Services shall be the sole consideration for your User Content and Collaborative Content.
While Athlete Ally retains the right to supervise user forums and filter content, Athlete Ally is under no obligation to do so and assumes no responsibility or liability arising from the content of the site, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any content within the site. Information posted or views expressed by Site users do not necessarily reflect the views of Athlete Ally, and are not endorsed by Athlete Ally.
Complaints or Copyright Infringement Notification:
If you believe that any of the material that is or was on our Services infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, and for all other correspondence and complaints of a non-legal nature, please e-mail [email protected]
You may notify us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Athlete Ally’s designated agent with all of the following information:
You should be aware that under the DMCA claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the of the alleged infringing material, court costs, and attorneyâs fees.
The Site may contain links to external locations (e.g., other web sites, etc.) and the ability to access external portions of the Internet. Athlete Ally is not responsible for the availability of these external locations or the content thereon, including, without limitation, solicitations thereon or products or services made available thereby. You agree to access external locations at your own risk. You agree that Athlete Ally shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external link and you hereby irrevocably waive any and all claims related thereto against Athlete Ally.
Disputes With Others:
You are solely responsible for your interaction with others that you come in contact with through the Site. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Site. If you have a dispute with other users, you release the Athlete Ally Parties (defined below) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Any health information is strictly for informational purposes only. You should not use any information contained herein for diagnosing a health or fitness problem or disease and it is not a substitute for professional medical advice. You are hereby advised to consult with a physician or other professional health care provider prior to making any decisions or taking (or not taking) any actions related to any health care problem or issue you might have at any time, now or in the future. In using the Site, you agree that neither Athlete Ally nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of any information presented on this site.
YOU AGREE THAT ATHLETE ALLY WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY LINKED SITE.
Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO THIS AGREEMENT). ATHLETE ALLY AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ALL TIMES, OR THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE SITE OR SERVICES CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO ATHLETE ALLY AND ITS SUPPLIERS TO GRANT THE LICENSE CONTAINED IN THIS AGREEMENT AND TO PROVIDE YOU WITH ACCESS TO THE SERVICES.
ATHLETE ALLY MAY DISTRIBUTE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SERVICES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S), AND THE ATHLETE ALLY PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO.
Limitation of Liability.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ATHLETE ALLY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE SITE, OR YOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THIS SITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT ATHLETE ALLY IS AND WILL NOT BE LIABLE FOR THE SITE OR THE SERVICES, AND YOU AGREE NOT TO SEEK TO HOLD ATHLETE ALLY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITE OR SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF USE OF THE SITE, SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES, AND ARE NOT VALID WHERE PROHIBITED BY APPLICABLE LAW, AND ARE INTENDED TO BE CONSTRUED AS BROADLY AS ALLOWED BY APPLICABLE LAW.
Governing Law, Arbitration and Waiver of Injunctive Relief:
This Agreement and all aspects of the Services shall be governed by and construed in accordance with the internal laws of the United States and the State of New York governing contracts entered into and to be fully performed in New York (without regard to conflict of laws provisions) regardless of your location. You acknowledge that the rights granted and obligations made hereunder to Athlete Ally are of a unique and irreplaceable nature, the loss of which shall irreparably harm Athlete Ally and which cannot be replaced by monetary damages alone so that Athlete Ally shall be entitled to injunctive or other equitably relief, without the obligations of posting any bond or surety, in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages if any, to the greatest extent allowed by applicable law.