Last Updated: December 30, 2019
LICENSE AND RESTRICTIONS
Subject to the terms herein, you are hereby granted a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and make use of the Platforms and Our Content solely for your personal, non-commercial use only. This limited license does not include any commercial use or resale use of Our Content or any plagiaristic use of the Platforms or Our Content. You may not (i) modify, copy, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, license, transfer, sell or otherwise exploit for any commercial purposes any portion of the Platforms unless you obtain our prior written consent; (ii) access or attempt to access any systems or servers on which the Platforms are hosted or modify or alter the Platforms in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of our Content; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Platforms or any business being conducted involving the Platforms, including but not limited to by using any robot, “bot,” spider, crawler, engine, device, software, tool, routine, time bombs, logic bombs, viruses/worms, back doors, trap doors, undocumented passwords, trojan horses, or any other automatic device or manual process of any like or kind; overloading, “flooding”, “mailbombing” or “crashing” (collectively, “Harmful Code”) without our written permission, or engage in any activity which interferes with the proper working of or access to the Platforms or to any host or network); (v) attempt to reverse engineer, decompile or disassemble any of the technology used in making the Platforms available; (vi) attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access; (vii) access or attempt to access any system or servers on which the Platforms are hosted or modify or alter the Platforms in any way; (viii) upload or otherwise transmit files that contain Harmful Code; (ix) restrict or prevent any other user from using the Platforms or Our Content; (x) circumvent or disable any content protection system or digital rights management technology used; (xi) access or use any Platforms in an unlawful or unauthorized manner or in a manner that suggests an association with SR, unless you have an executed agreement with us that allows for such activity, or (xii) negatively affect other users' ability to use the Platforms.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of Our Content solely for your own noncommercial use. Any other use of materials from the Platforms, including but not limited to the modification, reproduction, distribution, republication, display or transmission of any of Our Content, without prior written permission of SR is strictly prohibited.
All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Platforms or used in connection with the SR Products are proprietary to SR or other respective owners that have granted SR the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of SR, and you may not remove or otherwise modify any trademark or other proprietary notices in or on the SR Products.
From time to time, users of the Platforms may submit to SR information, messages, suggestions, questions, comments, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “Your Content”). It is your responsibility to ensure that no portion of Your Content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. Our Content and Your Content shall collectively be referred to as “Content.”
By providing Your Content to SR, you hereby grant SR an unrestricted, transferable, sub-licensable, irrevocable, royalty-free and fully paid-up, worldwide, and perpetual license to copy, perform, reproduce, distribute, market, publicly display, make derivative works of, and otherwise use Your Content in connection with the Platforms and in any other form or media whatsoever, now known or later invented, throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from SR in connection with SR’s exercise of its license rights in and to Your Content you have provided to us. You acknowledge and agree that SR is under no obligation of confidence to you, and shall not be liable for any use or disclosure of Your Content. By submitting Your Content to SR on any of the Platforms, you represent and warrant that you own the copyright in Your Content or that you have a legitimate license to provide Your Content, including photographs or other audiovisual material, without any restrictions whatsoever.
In addition, you agree not to take any of the following actions: (i) submit or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ii) submit or transmit any Content that exceeds SR’s capacity limits or for which you do not own or have the necessary and appropriate rights; (iii) submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes; (iv) use the Platforms to threaten, defame, abuse, assault, stalk, harass or otherwise violate laws or the rights of any other person or entity, including, without limitation, rights of privacy or publicity; (v) publish, post, display, offer, or disseminate any unlawful, fraudulent, offensive, discriminatory, profane, obscene, unlawful, terroristic, violent, or hateful Content; (vi) collect, store, publish, post, sell, transmit, or disclose personal data about other users of the Platforms; (vii) violate, or encourage any conduct that would violate, any applicable law, rule or regulation; or (viii) monitor or copy the Content of the Platforms.
SR reserves the right to review Your Content and remove, delete, redact, or otherwise modify Your Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. SR has no obligation to display any of Your Content. SR reserves the right to disclose, at any time and from time to time, all or any portion of Your Content that SR deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal dispute process, or governmental request. SR shall have no liability in connection with any of Your Content submitted to SR or displayed in connection with the use of the Platforms.
In an attempt to provide increased value to our visitors, the Platforms may contain links to other sites on the Internet that are owned and operated by third parties other than SR (the “External Sites”). However, even if the third party is affiliated with SR, SR has no control over these External Sites, all of which have separate privacy and data collection practices, independent of SR. SR has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such External Sites. Links to these External Sites, if any, are only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties. Links do not imply that SR sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
Except for the limited warranty stated below the heading “SALE OF PRODUCTS,” the SR Products, including without limitation, any products, goods, services, Content, materials and other information made available via the Platforms, including External Links, are provided on an "AS IS," “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, and without representations or warranties of any kind, whether express or implied. To the fullest extent permitted under applicable law, SR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM HARMFUL CODE, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
SR does not represent or warrant that the Platforms, including without limitation the Platforms, Content, information or any other materials offered or made available by SR or functions contained in the Platforms will be UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORMS OR THE SERVER THAT MAKES THE PLATFORMS AVAILABLE ARE FREE OF HARMFUL CODE. THE PLATFORMS ARE PROVIDED VIA THE INTERNET AND YOU ACKNOWLEDGE AND AGREE THAT SR DOES NOT OPERATE OR CONTROL THE INTERNET. AS SUCH, THE PLATFORMS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SR SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
You will not hold SR or its third-party service providers, licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to or use of the SR Products, including without limitation any loss or damage to any of your computers or data, as the SR Products may contain Harmful Code or other limitations
LIMITATION OF LIABILITY
IN NO EVENT SHALL SR, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, PROVIDERS, THIRD PARTY PARTNERS, ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT OR DELIVER OUR CONTENT, MATERIAL OR INFORMATION USED IN THE PLATFORMS OR SR PRODUCTS, OR THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOSS OF DATA OR INACCESSIBLE DATA, LOSS OF PRIVACY, BREACH OF DATA OR DATA SECURITY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR BUSINESS INTERRUPTION), OR ANY DAMAGES WHATSOEVER, EVEN IF SR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
Sale of Products
All purchases of SR Products are subject to SR’s Terms of Sale which are also posted to the Site
- SR reserves the right to not accept any orders if there is a material error in the description of an SR Product, or if the price advertised is incorrect;
- SR reserves the right to refuse or discontinue the supply of any SR Product to any customer, or change, suspend or discontinue any aspect of the Platforms at any time in our sole and absolute discretion;
- All prices are displayed in United States Dollars unless expressly indicated otherwise;
- Packaging and contents may vary from that shown on the Platforms;
- Any weights, dimensions, and capacities shown on the Platforms are approximate only;
- When you place an order, we estimate the tax applicable to your order and include that estimate in the total for your convenience (the final tax amount will be based on the then-current rate as established by the taxing authority, charged to your payment card, and reflected in the order confirmation and package invoice we provide to you); and
- All items are subject to availability and we will inform you as soon as reasonably possible if any product or service you ordered is not available and whether we may offer you an alternative of equal or higher quality and value.
- SR will repair or replace a product with new or refurbished parts or product, at SR’s sole option, free of charge, in the event of a defect in materials or workmanship for one (1) year from the date of original purchase. To obtain warranty service on your product or a replacement, you may return it to Sports Research Customer Service at 784 Channel St., San Pedro, CA 90731, USA, subject to your payment of proper postage, handling and insurance.
- Except for the limited replacement warranty in the foregoing paragraph, SR does not make, and hereby expressly DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT regarding any and all SR Products. Any assertion or promise made by SR, or any of its representatives or agents, does not create any warranty that any product will conform to the assertion or promise, whether made orally, in writing or otherwise.
- You represent, warrant and covenant that all purchases of SR Products are for your personal consumption and not for resale.
From time to time we may be required to change the Terms of Sale or any other terms applicable to any SR Products that we offer and/or you purchase. This includes, without limitation, changes to prices, taxes, shipping and handling amounts, specifications, delivery times, and/or package contents. We will provide you with prior notice of any changes, by posting a notice on the Platforms, sending an e-mail to you at the address you provided at the time of purchase, or by including a notice in any SR Products you receive on an automatic recurring or subscription basis. SR will not incur any obligation as a result of such change. By continuing to accept SR Products after we have notified you of a change to any terms, you will be deemed to have accepted any changes.
When you provide any information to us for any reason, such as to sign up for an offer or purchase SR Products, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). Changes to such information can be made by updating your profile on the Site or by contacting Customer Service at email@example.com. To help keep your account current and prevent service interruption, you acknowledge SR may request that you update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order on the Platforms is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
PRODUCT WARNINGS - IMPORTANT!!!
CONSULT YOUR PHYSICIAN. The risk of injury from using the SR Products is significant, and includes the potential for catastrophic injury and/or even death. You should and must consult your physician before using any SR Product. You should also see your physician immediately if you feel chest or stomach pain, nausea, dizziness, palpitations, or are having breathing difficulties.
LISTEN TO YOUR BODY. Not all exercise products and programs are suitable for everyone. Using SR Products may involve strenuous activity, so learning and practicing the proper use and care of any SR Product is imperative. Always listen to your own body and take breaks, modify movements, or stop your workouts as necessary. Stop exercising immediately if you experience discomfort or pain.
READ ALL ACCOMPANYING MATERIALS. Familiarize yourself with all safety and instructional materials prior to using any SR Product. Read, understand, and follow all specific warnings and instructions contained in the Product literature when using any SR Product.
EASY DOES IT. Begin each exercise slowly, especially if you are new to exercise or out of condition, in order to safely build coordination, strength and stamina. This will also help you to learn proper form, balance and coordination. Breathe naturally; do not hold your breath during exercise. Never over-exert yourself or perform a move to the point at which you feel you may lose balance or control.
BE AWARE OF YOUR SURROUNDINGS. Only exercise or use any SR Product on a clear, even surface, after you have removed all obstructive materials and sharp objects from the area. Remove all jewelry, including rings, chains, and pins, before using any SR Product. Always wear suitable clothing when exercising.
ASSUMPTION OF THE RISK
By buying, using, providing, or allowing the use of the SR Products, including without limitation any and all goods, products or services, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF ANY AND ALL PERSONAL INJURIES THAT COULD BE SUSTAINED (AND EVEN THE RISK OF DEATH), whether or not caused by negligence or other fault of SR, including but not limited to, equipment malfunction from whatever cause, or any other fault of SR.
From time to time, SR may request your feedback or suggestions, including any ideas, comments, recommendations or the like (collectively, “Comments”). To the extent you submit Comments to SR, such Comments will be treated as non-confidential and non-proprietary. Furthermore, any disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral, publicity or privacy rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory. You agree, at our cost, to execute any documents to effect, record or perfect such assignment. Thus, we will own exclusively all such right, title and interest in, and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for any Comments you make or provide to us.
The Platforms are controlled, operated, and administered by SR from its offices within the U.S. SR makes no representation or warranty that the materials contained within the Platforms are appropriate or available for use at other locations outside of the U.S., and access to the Platforms from territories where the content or products available through the Platforms are illegal is prohibited. If you access the Platforms from a location outside of the U.S., you are responsible for compliance with any and all local laws, rules, regulations and ordinances. You may not use the Platforms or export the Content or SR Products in violation of U.S. export laws and regulations. SR may limit the availability of the Platforms to any person, geographic area, or jurisdiction it chooses, at any time in SR’s sole discretion.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via the Platforms, please notify us immediately by email to SR’s agent regarding copyright matters at firstname.lastname@example.org or by U.S. mail to Sports Research Corporation, 784 Channel Street, San Pedro, California 90731. DMCA notices must be in writing and must include all of the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Platforms or as part of any SR Product;
- your address, telephone number, and email address and all other information reasonably sufficient to permit SR to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 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 behalf of the owner of an exclusive right that is allegedly infringed.
TRANSFER OF OWNERSHIP
MODIFICATIONS TO AND DISCONTINUATION OF AVAILABILITY OF SR PRODUCTS
SR reserves the right at any time, and from time to time, to modify, terminate or discontinue, temporarily or permanently, the SR Products or their availability (or any portion thereof including any Content) with or without notice, at its sole discretion. You agree that SR shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the SR Products.
GOVERNING LAW AND JURISDICTION
You and SR agree that all Claims will be governed by the laws of the State of California, without regard to conflict of laws principles and the Federal Arbitration Act (FAA). Any Claims must be raised within one (1) year after the event which gives rise to the Claim and may only be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You agree that, to the extent permitted by law: (a) any and all Claims will be resolved individually in the Venue designated above, without resort to any form of class action; and (b) any judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will attorneys’ fees be awarded or recoverable.
Unless explicitly stated otherwise in the Platforms, you must provide all notices or complaints to SR via email to email@example.com or by U.S. mail to Sports Research Corporation, 784 Channel Street, San Pedro, California 90731.