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ATHLETES.COM TERMS OF USE



PLEASE READ THE TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.


By using this site, you are deemed to have agreed to these Terms and Conditions of Use. We reserve the right to modify them at any time. You should check these Terms and Conditions of Use periodically for changes. By using this site after we post any changes to these Terms and Conditions of Use, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of Use, please do not use this site.


1. Registration

  1. If you access Athletes.com anonymously, you may do so as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services on the website, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity other than a permitted username. Usernames may not be offensive, deceptive or violate any other party's rights. Any passwords provided should be safeguarded at all times. You are responsible for the security of your passwords and will be solely liable for any use or unauthorized use under such password.

  2. We may, at our discretion, suspend or terminate the registration of any registered user or general user who violates any of these Terms and Conditions of use, any member guidelines or for any other behavior that we in our discretion believe is inappropriate.


2. Website users must abide by the following specific rules and regulations:

  1. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the website content is prohibited. You may download or copy any downloadable materials displayed for home, noncommercial and personal use only; provided, however, that you maintain all copyright, trademark and other notices contained in such material. Unauthorized use of Athletes.com content may violate copyright, trademark, privacy, publicity and other laws, and any such use may result in your personal liability, including potential criminal liability.

  2. Use of information or communications available through Athletes.com for any commercial, public or political purposes is strictly prohibited. Prohibited activities include, but are not limited to, advertising, soliciting funds, selling products or services, cold-calling of any kind or mass-mailings. Information available may be used for specific personal-related purposes only.

  3. Users shall not restrict nor inhibit any other user from enjoying any service available through Athletes.com. Posting of obscene materials or use of obscene language, posting of vulgar materials, or use of vulgar language, or use of abusive, defamatory, profane, or threatening language of any kind, will constitute a violation of these Terms and Conditions of Use. Additionally, users shall not upload, transmit, distribute or otherwise publish any materials containing a virus or any other harmful component.

  4. By posting, you grant (or warrant that the owner of such rights has expressly granted) to Athletes.com and/or our relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your postings, comments and questions in their original or edited form, in broadcast programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by Athletes.com will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived.

  5. You are not entitled to any compensation for any materials you may post on Athletes.com.


3. Links

  1. These Terms and Conditions of Use apply only to the Athletes.com website, and not to the sites of any other companies or organizations, including those to which Athletes.com may link. We are not responsible for the availability of any other site to which Athletes.com may link. We do not endorse or take responsibility for the content, advertising, goods, services or other materials available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertising, goods, services or other materials available on any other site. You should direct any concerns to that site's administrator or webmaster.

  2. You are granted a limited, non-exclusive, revocable right to create hyperlinks to this website, so long as: (a) the links are only to the home page of this website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with Athletes.com or cause confusion among consumers, (d) the links and related content on your site do not portray Athletes.com or its products, services or members in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.


4. Submissions


We welcome your comments about Athletes.com. However, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any creative idea, suggestion or material ("Submission"), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.


5. Failure to comply with Terms and Conditions of Use


Athletes.com is not responsible for screening users' website communications in advance and will not actively monitor the use of the website. For this reason, it is essential that Athletes.com users report any abuses or misuse of the website to Athletes.com. If Athletes.com determines that a user's participation creates a liability for Athletes.com or that the user has violated the policies set forth herein, Athletes.com reserves the right, in its sole discretion, to take actions against the user. Athletes.com reserves the right to expel a user and deny a user further access to the website if such user violates these policies or any applicable laws or regulations.


6. Disclaimers

  1. The reliability of the information, services and products (if any) available through Athletes.com is largely dependent upon the actions of registered users/members, and is provided “as is” and without any warranties of any kind, either express or implied. Athletes.com can make no representations about the accuracy, reliability, completeness, or timeliness of this information.

  2. Athletes.com does not warrant that the Athletes.com website will operate error-free or that the site and its server are free of computer viruses or other harmful material. To the fullest extent permitted by the law, Athletes.com disclaims all warranties, including the warranties of merchantability, non-infringement, and fitness for particular purpose. In no event shall Athletes.com be liable for any damages whatsoever, including, without limitation, incidental, consequential, or punitive damages, resulting from the use of or inability to use information or materials available on the Athletes.com website.

  3. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

7. No Personal Advice


The information contained in or made available through Athletes.com (including but not limited to information contained in forums, chats, expert tips or other postings) cannot replace or substitute for the services of trained professionals in any field. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through the website. Neither we, our affiliates nor any of the officers, agents, servants, employees and representatives of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result, including but not limited to economic loss, injury, illness or death.


8. Testimonials


Not all testimonials contained in or made available through Athletes.com have been prepared by us (including but not limited to information contained in forums, chats, expert tips or other postings). As a result, we have not checked to determine whether or not a specific endorser's experience is what consumers may expect to achieve. Not all consumers may achieve the same results.


9. Indemnity


By using the Athletes.com website, you agree to indemnify, defend, and hold harmless Athletes.com and its respective agents from and against any and all losses, claims, damages, costs, and expenses that may arise from your use of the a Athletes.com website or your breach of these Terms and Conditions of Use. Athletes.com will provide notice to you of any such action or claim, and reserves the right to participate, at our expense, in the investigation, settlement, and defense of any such action or claim.


10. Terms and Conditions of Use Are Subject to Revision


Please note that from time to time Athletes.com may revise and modify these policies and your continued use of the site constitutes your agreement to comply with such modifications. You should review theses Terms and Conditions of Use policies periodically to ensure that you are familiar with them. We also reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you.


11. Privacy And Security Matters


Athletes.com must collect certain information in order to operate this website and to fulfill your requests or enable participation in certain online activities. But Athletes.com respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our site. Please click here to review our Privacy Policy.

We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Vendors, service providers, and others who help us make this website available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to Athletes.com. Nevertheless, we cannot guarantee complete security of personal information.


12. Banners, Advertising and Promotions


We reserve the right to post banners, advertisements, promotions, and similar content throughout this website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Athletes.com disclaims all liability in connection therewith.


13. Jurisdictional Issues


Athletes.com is controlled and operated from offices in the United States of America. We do not represent that materials on the website are appropriate or available for use in other locations. Persons who choose to access Athletes.com from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.


14. Investigations


Athletes.com reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its website security or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms and Conditions of Use, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms and Conditions of Use to the full extent of the law, and (e) discontinue this website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.


15. Alternative Dispute Resolution


These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of Idaho, without regard to any principles of conflicts of law. Any controversy or claim relating to this website, its content, or these Terms and Conditions of Use not otherwise resolved between you and Athletes.com will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Boise, Idaho, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this website, its content, or these Terms and Conditions of Use must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Athletes.com relating to your access to, or use of, this website or its content in accordance with this paragraph will be instituted in state or federal court in Boise, Idaho. Accordingly, you consent to the personal jurisdiction of the courts in Boise, Idaho with respect to all matters relating to your access to or use of this website and its content and waive your rights to removal or consent to removal. The foregoing provisions of this paragraph will not apply to any legal action taken by Athletes.com to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this website, it's content, Athelets.com's operations, and/or products or services caused by your act or failure to act.


16. Digital Millennium Copyright Act ("DMCA") Notice


Materials may be made available via Athletes.com by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the website.

If you believe any materials on Athletes.com infringe a copyright, you should provide us with written notice that at a minimum contains:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Athletes.com
2026 S. Silverstone Way
Meridian, ID 83642

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

(Last modified on July 31, 2008)