Terms of Use
AGREEMENT BETWEEN USER AND AthleteInMe LLC
The AthleteInMe.com® Web Site is comprised of various Web pages operated by AthleteInMe LLC.
The AthleteInMe.com® Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the AthleteInMe.com® Web Site, the database known as RxAthlete®, and the mobile application known as PDAthlete® constitutes your agreement to all such terms, conditions, and notices.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the AthleteInMe.com® Web Site, you warrant to AthleteInMe LLC that you will not use the AthleteInMe.com® Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the AthleteInMe.com® Web Site in any manner that could damage, disable, overburden, or impair the AthleteInMe.com® Web Site or interfere with any other party`s use and enjoyment of the AthleteInMe.com® Web 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 AthleteInMe.com® Web Sites.
All content available at AthleteInMe.com®, PDAthlete®, and RxAthlete® is copyright protected. This material may not be copied, republished, or repurposed without the expressed written consent of AthleteInMe, LLC.
The names AthleteInMe.com®, PDAthlete®, and RxAthlete® are registered trademarks.
MATERIALS PROVIDED TO AthleteInMe LLC OR POSTED AT ANY AthleteInMe.com WEB SITE
AthleteInMe LLC does not claim ownership of the materials you submit through the AthleteInMe.com® web site (including feedback and suggestions) or post, upload, input or submit to any AthleteInMe Web Site or its associated services (collectively "Submissions"). AthleteInMe LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AthleteInMe LLC's sole discretion.
However, by posting, uploading, inputting, providing or submitting your Submission you are granting AthleteInMe, LLC, its affiliated companies and necessary sublicensees 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.
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. AthleteInMe, LLC may, in its sole discretion, require that you execute additional documentation wherein you represent and warrant to AthleteInMe, LLC that you own and control all of the rights to any Submission you make to AthleteInMe, LLC.
No compensation will be paid with respect to the use of your Submission, as provided herein.
LIABILITY DISCLAIMER
AthleteInMe 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 AthleteInMe.com® WEB 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. AthleteInMe 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 AthleteInMe 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 AthleteInMe.com® WEB SITE, WITH THE DELAY OR INABILITY TO USE THE AthleteInMe.com® WEB 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 AthleteInMe.com® WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE AthleteInMe.com® WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AthleteInMe 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 AthleteInMe.com® WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AthleteInMe.com® WEB SITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE AthleteInMe.com® WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AthleteInMe LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AthleteInMe.com® WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE AthleteInMe.com® WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND SHOULD NEVER SUPERCEDE ANY ADVICE YOU RECEIVE FROM PERSONAL HEALTHCARE PROFESSIONALS. ALWAYS CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TERMINATION/ACCESS RESTRICTION
GENERAL: To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Hillsborough County, Florida, U.S.A. in all disputes arising out of or relating to the use of the AthleteInMe.com® Web Site. Use of the AthleteInMe.com® Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AthleteInMe LLC as a result of this agreement or use of the AthleteInMe.com® Web Site. AthleteInMe LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AthleteInMe LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AthleteInMe.com® Web Site or information provided to or gathered by AthleteInMe LLC 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 AthleteInMe LLC with respect to the AthleteInMe.com® Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AthleteInMe LLC with respect to the AthleteInMe.com® Web 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 drawn up in English.
AthleteInMe LLC reserves the right, in its sole discretion, to terminate your access to the AthleteInMe.com® Web Site and the related services or any portion thereof at any time, without notice.
LINKS TO THIRD PARTY SITES
The AthleteInMe.com® Web Site contains links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of either
AthleteInMe LLC nor AthleteInMe.com®. AthleteInMe LLC 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. AthleteInMe LLC is not responsible for webcasting or any other
form of transmission received from any Linked Site. AthleteInMe LLC
provides these links to you via the AthleteInMe.com® web site only as a
convenience, and the inclusion of any link does not imply endorsement
by AthleteInMe LLC of the site or any association with its operators.
The above disclaimer also pertains to ads appearing on the AthleteInMe.com® Web Site, but served (delivered) by a third party, such as Google® or other advertiser.
USE OF COMMUNICATION SERVICES
Currently, the AthleteInMe.com Web Site does not offer
"Communication Services" (eg., 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 other registered users.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the AthleteInMe.com® Web Site are: Copyright ©2005-2007 AthleteInMe, LLC. All rights reserved. Content within the AthleteInMe.com® web site may not be copied, duplicated, reproduced, reprinted, distributed, or repurposed without the written permission of AthleteInMe LLC. For scientific and journalistic needs, selected quotes, facts, statements within AthleteInMe.com® content can be restated and republished as long as the source and authorship of the original statement(s) are appropriately acknowledged in an acceptable format.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider"s Designated Agent. ALL INQUIRIES NOT RELEVANT WILL RECEIVE NO RESPONSE.
MODIFICATION OF THESE TERMS OF USE
AthleteInMe LLC reserves the right to change the terms, conditions, and notices under which the AthleteInMe.com® Web Site is offered, including but not limited to the charges associated with the use of the AthleteInMe.com® Web Site.
FOR FURTHER INFORMATION, CONTACT : support@athleteinme.com
(revised May 17, 2007)