Terms and Conditions of Use Policy
Updated October 24, 2012
IMPORTANT: PLEASE READ CAREFULLY
Use of MyAthleticLife.com (Site) is governed by the terms and conditions of this Terms and Conditions of Use Policy (Agreement). Please read this Agreement carefully before accessing or using the Site. By using the Site, you signify your assent to this Agreement.
Material contained on the Site (Content), including text, graphics, images, and other material, is intended to be useful and informative; however MAL cannot guarantee the accuracy of the Content on the Site. Both MAL and you (User) acknowledge that some of the Content may contain errors or be otherwise inaccurate or outdated.
MAL advises Users to always seek the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on this Site.
General Terms and Conditions
Your access and use of this Site binds you to this Agreement. If you do not consent to this Agreement, you may not use the Site or its services. MAL may revise and update this Agreement at any time with or without notice. Your continued usage of the Site will mean that you accept those changes. User agrees to review the Agreement posted on the Site each time you use the Site so that you are aware of any revisions or updates made to this Agreement.
All site Users represent and warrant that they are at least 13 years of age and that they possess the legal right and ability to consent to this Agreement and to use this Site in accordance with this Agreement. Users will not use this Site for any purpose in violation of local, state, national, or international laws.
User acknowledges that MAL has no control over, and no duty to take action regarding: what Content User accesses or receives on the Site; what effects the Site may have on User; how User may interpret or use the Site; or what actions User may take as a result of being exposed to the Site. User releases MAL from all liability for User having visited the Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, MAL PROVIDES THE SITE AND CONTENT “AS IS” AND WITH ALL FAULTS, ERRORS, AND DEFECTS, AND NEITHER MAL NOR ANY OF ITS PERSONNEL NOR ANY OF ITS AFFILIATES ARE RESPONSIBLE FOR ENSURING THAT ANY PART OF THE SITE WILL BE WITHOUT ERROR. THE RIGHTS GRANTED IN THESE TERMS AND CONDITIONS ARE MADE AVAILABLE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ANY ACCESS TO THIS SITE IS VOLUNTARY. MAL REGARDS ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
MAL does not operate, control, supply, endorse, warrant, or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services, or merchandise supplied by MAL. MAL also does not warrant or guarantee that files available for downloading through the Site will be free of infections or viruses, worms, Trojan horses, or other code that contains contaminating or destructive properties. Users of this site are responsible for maintaining a means external to MAL for the reconstruction of any lost data.
MAL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.
Warranties and Limitation of Liability
IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, MAL SHALL NOT BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH THIS AGREEMENT, WITH USE OF THE SITE, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE.
MAL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. MAL DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE, OR OTHER MATERIAL PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. MAL MAKES NO WARRANTY OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. MAL IS NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE. THE SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OF THIS SITE WILL BE TO STOP USING THE SITE.
Any claims that User or a third party may have relating to the Site must be brought to the attention of MAL through email to email@example.com.
User agrees to defend, indemnify, and hold harmless MAL and its affiliates, trustees, officers, employees, staff members, agents, or contractors from and against any claim, charge, demand, action, or suit, whether in contract, tort, strict liability, negligence, or otherwise, for any and all losses, costs, charges, claims, demands, fees, expenses, or damages of any nature or kind arising out of, connected with, or resulting from (i) any use (whether permitted under this Agreement or not) of the Site by User, or (ii) relating in any way to this Agreement.
The construction and performance of this Agreement will be governed by the laws of the State of North Carolina, United States. In addition, MAL and User agree to submit to the exclusive jurisdiction of the state or federal courts within the State of North Carolina for any proceeding arising out of or in connection with this Agreement, and User agrees not to commence any such proceeding except in such courts, and waives any objection to the laying of venue of any such proceeding in such courts.
No waiver of any of the terms set forth herein shall be deemed a further and continuing waiver of such term or condition or any other term or condition. If any of the terms or conditions contained herein is invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
MAL’s failure to act with respect to a breach by User or others of this Agreement does not waive MAL’s right to act with respect to subsequent or similar breaches.
You agree that this Agreement may be automatically assigned by MAL, in MAL’s sole discretion, to a third party in the event of a merger, acquisition, or liquidation.
All rights not expressly granted herein are hereby reserved for MAL.
The Content on the Site is copyrighted by MAL and other applicable rights holder(s). User may download and reprint a single copy of Content from the Site for User’s personal, noncommercial use only, provided User includes all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of MAL or the applicable rights holder(s).
My Athletic Life® is a registered trademark of My Athletic Life, Inc.
This Agreement sets forth all of the covenants, provisions, agreements, conditions, and understandings between MAL and the User regarding the subject matter herein, and there are no covenants, promises, agreements, conditions, or understandings, either oral or written, between them other than those set forth herein.
If you have any questions about the Site or this Agreement, please contact us at firstname.lastname@example.org
Updated October 24, 2012