Date of last revision: June 2018
IMPORTANT NOTICE FOR AMATEUR ATHLETES YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF OR PARTICIPATION IN THE ACTIVITIES OF THIS PLATFORM DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. ATHLETE TRAINING CLUB IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE PLATFORM RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. ATHLETE TRAINING CLUB is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.
It's important to us that athletes stay healthy while training. Please be responsible and use your best judgment and common sense. We provide our Platform for information purposes only, and can't be held liable if you get injured or something goes wrong. In particular, while most of the content posted by the other athletes in our community is helpful, it is coming from strangers on the Internet and should never trump good judgment or actual medical advice.
ATHLETE TRAINING CLUB cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Platform in connection with any physical activity, wellness or fitness program. By using our Platform you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services. Everyone's condition and abilities are different, and participating in the activities promoted by our Platform is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Platform may pose risks even to those who are currently in good health.
You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Platform (e.g., featured, official or community created challenges; routes; friendly competitions or similar activities; any single or group training activities and plans/regiments; any Third-Party Activities or other events or activities that utilize our Services). Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. We encourage you to always put safety first, follow applicable traffic regulations, do not change settings on your device while in motion or in unsafe areas and always be vigilant and take stock of your surroundings when exercising.
You expressly agree that your athletic activities, which may generate the User-Generated Content you post or seek to post on or via the Platform (e.g., running, walking, cycling, hiking, lifting weights) and certain Third-Party Activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of ATHLETE TRAINING CLUB or by the action, inaction, or negligence of others. Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your physical activities or your use of, or inability to use, any Products and Services or features of the Platform, including any Content or activities that you access or learn about through our Platform, even if caused in whole or part by the action, inaction or negligence of ATHLETE TRAINING CLUB or by the action, inaction or negligence of others. To the maximum extent permitted by applicable law, you also expressly agree that we do not assume responsibility for any Third-Party Activity or any other race, contest, class, athletic activity or event that utilizes or is promoted by or accessed via the Platform.
We aim to provide useful general information for our community, not professional medical advice. The Platform are not medical devices, and the data provided by them is not intended to be utilized for medical purposes and is not intended to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice via the Services. All Content provided through the Platform, whether provided by ATHLETE TRAINING CLUB or by other athletes or third parties (even if they are claiming to be a doctor!) is not intended to be and should not be used in place of (a) the advice of your physician or other professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Platform. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.
Your use of the Platform does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between ATHLETE TRAINING CLUB and you.
The Services are intended to provide you with information to encourage you to support your wellness and fitness activities. Some of the Products and Services of the Platform are aimed at tracking your physical movements and training regiments ("Activity Tracking Services"). These Activity Tracking Services rely on Third Party data and data from other users. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity, but may not be completely accurate, including with respect to step, sleep, speed, distance, or calorie data.
All intellectual property on the Platform (except for User Generated Content) is owned by ATHLETE TRAINING CLUB or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the ATHLETE TRAINING CLUB name and logo) are owned, registered and/or licensed by ATHLETE TRAINING CLUB. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of ATHLETE TRAINING CLUB; All rights reserved.
All orders placed through the Platform are subject to ATHLETE TRAINING CLUB's acceptance. This means that ATHLETE TRAINING CLUB may refuse to accept or may cancel any order or subscription, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, ATHLETE TRAINING CLUB will issue you a refund.
You are responsible for any actions that take place while using your ATHLETE TRAINING CLUB account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. ATHLETE TRAINING CLUB is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by ATHLETE TRAINING CLUB.
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platform. Do not take any action or post anything that may expose ATHLETE TRAINING CLUB or its users to any harm or liability of any type.
Stay on topic and post only constructive comments and questions. Unless the Platform feature asks for it, don't talk about policies, future products, speculations or rumors about ATHLETE TRAINING CLUB and ATHLETE TRAINING CLUB products, or anything else off topic.
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in ATHLETE TRAINING CLUB's sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Platform user or person.
Do not post personal information you do not wish to become public. Do not collect or solicit personal information from other Platform users or send unsolicited emails or other communications. Do not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes.
The Platform is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Platform.
Do not impersonate any person or entity, including without limitation athletes or ATHLETE TRAINING CLUB employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one ATHLETE TRAINING CLUB account, register a ATHLETE TRAINING CLUB account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.
Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.
Do not use the Platform without explicit prior written consent of ATHLETE TRAINING CLUB to solicit others for any third party services not controlled and operated by ATHLETE TRAINING CLUB including but not limited to sports recruiting services, athlete management services, and sports/physical training and nutritional services.
ATHLETE TRAINING CLUB does not prescreen User Generated Content. ATHLETE TRAINING CLUB does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. ATHLETE TRAINING CLUB is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event ATHLETE TRAINING CLUB chooses to monitor any User Generated Content, ATHLETE TRAINING CLUB assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. ATHLETE TRAINING CLUB reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to ATHLETE TRAINING CLUB a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give ATHLETE TRAINING CLUB legally sufficient notice to ATHLETE TRAINING CLUB of infringement.
Send copyright infringement complaints to:
We suggest that you consult your legal advisor before filing a notice with ATHLETE TRAINING CLUB's copyright agent, because there may be penalties for false claims.
The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using ATHLETE TRAINING CLUB's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
You are solely responsible for your interactions with other people, whether online or in person. ATHLETE TRAINING CLUB is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. ATHLETE TRAINING CLUB is under no obligation to become involved with any user dispute, but may do so at its own discretion.
ATHLETE TRAINING CLUB is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, ATHLETE TRAINING CLUB disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. ATHLETE TRAINING CLUB cannot guarantee and does not promise any specific results from use of the Platform. ATHLETE TRAINING CLUB does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, ATHLETE TRAINING CLUB does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. ATHLETE TRAINING CLUB reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
ATHLETE TRAINING CLUB SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS AND SERVICES PROVIDED AND/OR PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A ATHLETE TRAINING CLUB EVENT OR ANY USER GENERATED CONTENT, EVEN IF ATHLETE TRAINING CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST ATHLETE TRAINING CLUB FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF ATHLETE TRAINING CLUB IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, ATHLETE TRAINING CLUB'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.