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2.) Important Legal Information Regarding Privacy
4.) AthleticPerformanceU.com Website
C. We encourage you to carefully choose the information you submit, post or provide to others using the Website or Website features. Any conversations or information you have or share with others using features that are available on the Website and any User Submissions (defined below) may be accessible and viewable by all other users or by other members of the Website. We do not control, or have any knowledge of the content of any communication(s) spread by the use or functions of the Website. The content of the communication is entirely the responsibility of the person from whom such content originated.
D. We reserve the right to remove, edit or reject any User Submissions (defined below) at any time, at our sole discretion. Furthermore, we may restrict, suspend or terminate any user’s access to all or any part of the Website or its features at any time, for any or no reason, with or without notice and with no liability to us whatsoever.
5.) Website Access
B. You agree that you will not use the Website and the services and features offered through the Web site (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, without our prior written consent, (ii) to promote information that you know is false or misleading or to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (iii) to further or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets, (iv) to solicit personally identifiable information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit consent, (vi) to harvest or collect personally identifiable information such as email addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations. In order to protect third parties and other users from such prohibited conduct, we reserve the right to restrict, at our sole discretion, communications which a user may send through the Website.
6.) Intellectual Property Rights
The content on the Website, except all User Submissions (“Website Content”) is owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. This content may not be used in connection with any product or service in any manner without our prior written consent. You in no way will obtain any ownership interest in the Website Content, trademarks or service marks contained on this Website. Website Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner. We reserve all rights not expressly granted in and to the Website and the Website Content. You agree to not engage in the use, copying or distribution of any of the Website Content other than as expressly permitted herein or as reasonably necessary to use the Website for its intended purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Website Content or User Submissions or enforce limitations on use of the Website or the Website Content and User Submissions.
7.) User Submissions
A. The Website may permit the submission of certain user-generated text, information, data, audio, photographs, files or other content to the Website (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions. User Submissions may be used, distributed and published by us and viewed by both us and general users of the Website. You understand that we do not guarantee any confidentiality with respect to any User Submissions.
C. You will retain all ownership rights in your User Submissions, and we will not use, reproduce, publish, distribute or display User Submissions owned by you and stored on our Website for our commercial, marketing or any similar purpose, without your consent. By submitting a User Submission to us and permitting it to be viewed, posted or published on our Website, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license, to use, post and store your User Submissions on our Website and servers, and to publish, distribute and display such User Submission in connection with the Website and our business, including without limitation the right to distribute such User Submissions to other users and third parties. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.
E. You understand that when using the Website, you will be exposed to User Submissions and third party information from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third party information. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
8.) Digital Millennium Copyright Act
A. Notification. If you are a copyright owner or an agent thereof and believe that any User Submission or other Website Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Website; (iii) a description of the location on the Website of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
C. In accordance with the DMCA and other applicable law, we shall, in appropriate circumstances, terminate or block access to, at our sole discretion, of any user that we find to be a repeat infringer of others copyrights. We may also, at our sole discretion, limit or fully block access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is a repeat offender or not.
9.) Member Disputes
You are solely responsible for your interactions with other users of the Website and any disputes that may arise.
10.) Warranty Disclaimer
You agree that your use of the Website shall be at your sole risk. The Website, the Website Content, User Submissions and any services made available on the Website are provided on an “as is” and “as available” basis. We do not make and disclaim any and all express and implied warranties and representations, including but not limited to any implied warranty of merchantability, title, non-infringement, and/or fitness for a particular purpose, with regard to the Website, the Website Content, User Submissions or any advice or services provided through the Website, to the fullest extent permitted by law. Without limiting the foregoing, we do not represent or warrant that: (i) the Website will be accurate, reliable, uninterrupted, secure or error-free; (ii) defects in the Website will be corrected; or (iii) the Website or the server that makes it available are free of viruses or other harmful components. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any institution or third party through the Website or any hyperlinked website.
11.) Limitation of Liability
In no event shall we, or our directors, employees, affiliates, subsidiaries, agents and other partners be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for: (i) any indirect, special, incidental or consequential damages that may be incurred by you; (ii) any loss of data, income, business or profits (whether direct or indirect) that may be incurred by you; and (iii) any claim, damage, or loss which may be incurred by you as a result of (a) the availability of Website and/or any other third-party websites, (b) any reliance placed by you on any advertising, products, services or other content or materials on, or available from, the Website or any third-party website; or (iii) any of your transactions with third parties or other users. The limitations on our liability to you above shall apply whether or not we have been advised of the possibility of such losses or damages arising. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that we shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
13.) Refund Policy
Athletic Performance University operates with a no refund policy. It is strongly encouraged that you read through this information prior to registering or signing up for Athletic Performance University. By submitting your information and payment to officially reserve your spot in Athletic Performance University, you hereby agree to our Refund Policy.
16.) Governing Law, Location, Entire Agreement
17.) Invalidity; Waiver
19.) User Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to us are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. We shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
20.) Questions; Comments
If you have any questions or comments on this Website or become aware of misuse of the Website by any person, please contact us at email@example.com.
21.) Effective Date
Effective Date: March 25, 2023
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