Terms And Conditions


TERMS AND CONDITIONS

1.INTRODUCTION

These Terms and Conditions (these “Terms”) shall govern your use of this website (this “Website”) hosted by InXAthlete LLC (“InXAthlete,” “we,” or “us”). These Terms will be applied fully and affect to your use of this Website. By using this Website, you (i) acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy, which is incorporated herein by reference, and (ii) affirm that you are at least 16 years of age (or have reached the age of majority in the jurisdiction where you reside). You must not use this Website if you disagree with these Terms or our Privacy Policy.­

2. SCOPE OF AND RESTRICTIONS ON USE

Subject to these Terms, InXAthlete grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for your legitimate personal use or business purposes, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Website (collectively, the “Content”). You are specifically restricted from all of the following:

 

  • publishing any Website material in any other media;
  • selling, sub-licensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way that may cause harm to the Website or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; and
  • using this Website to engage in any advertising or marketing except as explicitly permitted by InXAthlete.

3. ACCOUNT REGISTRATION AND SECURITY

Access to and use of certain parts of the Website may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify InXAthlete  of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

4. INTELLECTUAL PROPERTY RIGHTS

The Website (including the Content but excluding Your Content, as defined below) are owned by InXAthlete  and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Website are registered and unregistered marks of InXAthlete and its licensors. You acknowledge and agree that, as between you and InXAthlete, InXAthlete is and shall remain the sole owner of the Website and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

5. YOUR CONTENT

In these Terms, “Your Content” shall mean any audio, video, text, images, contact information or other material you choose to display on this Website. By displaying Your Content, you grant InXAthlete a non-exclusive, worldwide, irrevocable, perpetual, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in Your Content, even if Your Content is altered or changed in a manner not agreeable to you. If you post Your Content, you represent and warrant to InXAthlete that you own or control all rights in and to Your Content and have the right to grant the above rights to us. Your Content may not:

  • be unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
  • constitute or promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • contain any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms;
  • infringe upon, misappropriate, or otherwise violate any intellectual property rights or other rights of a third party;
  • encourage criminal conduct;
  • contain false, misleading, fraudulent, or deceptive claims or content;
  • give the impression that it emanates from or is endorsed by InXAthlete or any other person or entity, if this is not the case; or
  • contain any virus, malware, spyware, or other harmful content or code.

You agree that you are solely responsible for Your Content, and you acknowledge and agree that InXAthlete is not responsible for, and does not endorse, Your Content or any of the content of its users. InXAthlete does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove Your Content posted on or through the Website. However, InXAthlete retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, or move Your Content posted on or through the Website. You acknowledge and agree that we are not obligated to post, keep, or use Your Content.

InXAthlete reserves the right to remove any of Your Content from this Website at any time without notice.

6. CHANGE & SUSPENSION

InXAthlete reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Website or any portion thereof (including any Content) at any time. You agree that InXAthlete will not be liable to you or to any third party for any such change, suspension, or discontinuance.

InXAthlete has the right to deny access to, and to suspend or terminate your access to, the Website or to any features or portions thereof if you violate these Terms.  In the event that we suspend or terminate your access to the Website, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.

7. PRIVACY POLICY

You acknowledge and agree that all information collected by InXAthlete is subject to our Privacy Policy. By using the Website, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

8. NO WARRANTIES

THE WEBSITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND INXATHLETE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER INXATHLETE NOR ANY PERSON ASSOCIATED WITH INXATHLETE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER INXATHLETE NOR ANYONE ASSOCIATED WITH INXATHLETE REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL INXATHLETE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE WEBSITE IS AT YOUR SOLE RISK.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold InXAthlete and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Website and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Website and/or these Terms.

11. THIRD PARTY MATERIALS

The Website may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third-Party Materials”). You acknowledge and agree that InXAthlete is not responsible for any Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. InXAthlete does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials.  Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

12. FEEDBACK

While we appreciate your interest in the Website and our business, InXAthlete does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of InXAthlete might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials.  Except with respect to your personal information as expressly provided for in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Website or in response to solicitations on the Website shall be deemed to be non-confidential and non-proprietary.

13. SEVERABILITY; WAIVER

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

14. ELECTRONIC COMMUNICATIONS

The communications between you and InXAthlete via the Website use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. VARIATION OF TERMS

InXAthlete is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis. The date these were last updated is set forth at the top of this page. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

16. ASSIGNMENT

InXAthlete is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

17. ENTIRE AGREEMENT

Certain aspects of our services may be governed by additional terms, such as purchase orders or terms of sale. These Terms, including our Privacy Policy and any specific purchase orders or terms of sale executed by you, constitute the entire agreement between InXAthlete and you in relation to your use of this Website, and supersede all prior agreements and understandings.

18. GOVERNING LAW & JURISDICTION

These Terms will be governed by and interpreted in accordance with the laws of the State of Colorado, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Colorado for the resolution of any disputes.

19. NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. HOW TO CONTACT US

If you have any questions or concerns regarding these Terms, please feel free to contact us at the following email, telephone number or mailing address:

Email: info@inxathlete.com

Telephone Number: 303-938-0507

Mailing Address:

InXAthlete LLC

1800 Broadway Ste 100

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