TERMS OF USE

Date of last revision: June 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

By accessing or using this website, mobile application or other ATHLETE TRAINING CLUB product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of ATHLETE TRAINING CLUB. ATHLETE TRAINING CLUB may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

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.

 
PHYSICAL ACTIVITY NOTICE

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.

 
NOT MEDICAL ADVICE

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.

 
ACCURACY

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.

 
INTELLECTUAL PROPERTY

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.

 
PLATFORM USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase ATHLETE TRAINING CLUB products and services. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without ATHLETE TRAINING CLUB's prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

 
PRODUCT ORDERS

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.

 
SAFEGUARD YOUR USERNAME/PASSWORD

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

"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.

 
POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT
BE RESPONSIBLE

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.

BE RELEVANT AND CONSTRUCTIVE

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.

BE COURTEOUS AND APPROPRIATE

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.

BE PRIVATE

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.

BE PERSONAL

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.

BE YOURSELF

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.

BE ORIGINAL

You promise that you own or control all rights in any User Generated Content that you post on the Platform. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant ATHLETE TRAINING CLUB all of the license rights granted in these Terms of Use.

BE LEGAL

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 SOLICIT USERS FOR THIRD PARTY SERVICES

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.

 
GENERAL RULES FOR USER GENERATED CONTENT
CONTENT IS NOT PRESCREENED

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.

ELIGIBILITY AND REGISTRATION

To become a member of the ATHLETE TRAINING CLUB Platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

ATHLETE TRAINING CLUB'S RIGHTS TO YOUR POSTING

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.

COPYRIGHT INFRINGEMENT COMPLAINTS

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:
Andrew Starker
Andrew@athletetrainingclub.com

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.

LINKS

The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). ATHLETE TRAINING CLUB does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. ATHLETE TRAINING CLUB is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

 
MOBILE SERVICES

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.

 
INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Built Not Born, LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

 
PRIVACY

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

 
USER INTERACTION DISCLAIMER

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.

 
WARRANTY DISCLAIMER

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.

 
LIMITATION OF LIABILITY

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.

 
MISCELLANEOUS

You agree that this Platform shall be deemed a passive website solely based in New York, USA, which does not give rise to personal jurisdiction over ATHLETE TRAINING CLUB in jurisdictions other than New York. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and ATHLETE TRAINING CLUB shall be governed in all respects by New York law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of ATHLETE TRAINING CLUB products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York County, New York. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of ATHLETE TRAINING CLUB products) must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from ATHLETE TRAINING CLUB. You agree that any notice, agreement, disclosure or other communication that ATHLETE TRAINING CLUB sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. ATHLETE TRAINING CLUB's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. ATHLETE TRAINING CLUB may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

 
SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

 
TERMINATION

ATHLETE TRAINING CLUB reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. ATHLETE TRAINING CLUB also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.