Terms & Conditions
These Terms and Conditions (the “Terms”) govern your access and use of several websites maintained by Sports Research Corporation, a California corporation (“SR,” “we”, “us” or “our”), such as but not limited to www.sportsresearch.com and/or www.sweetsweat.com (the “Site”), and any other applications and content it may make available on the Site as well as social media platforms such as Facebook, Twitter and Instagram (together with the Site, the “Platforms”), through which SR markets and sells supplements, fitness supplies and related goods and services (collectively, “Products”). Your access and use of the Platforms and Products is expressly conditioned upon your acceptance of the terms and conditions contained herein.
PLEASE READ THESE TERMS AND OUR PRIVACY POLICY CAREFULLY. BY USING THE PLATFORMS OR ANY PRODUCTS, YOU INDICATE THAT YOU ACCEPT THESE TERMS AND OUR PRIVACY POLICY AND YOU AGREE THAT YOU RESIDE IN THE UNITED STATES AND YOU ARE AT LEAST 16 YEARS OF AGE. IF YOU DO NOT ACCEPT THESE TERMS AND OUR PRIVACY POLICY, DO NOT RESIDE IN THE UNITED STATES OR ARE UNDER THE AGE OF 16, PLEASE DO NOT USE THE PLATFORMS OR THE PRODUCTS.
PLEASE BE ADVISED: These Terms affect your legal rights. These Terms contain an arbitration contract that requires the use of arbitration on an individual basis to resolve disputes rather than jury trials or any other court proceedings, or class actions of any kind. The arbitration agreement is set forth in the “Claim Resolution” section below.
PRIVACY
Our policies concerning the use of information we may collect about you are set forth in our Privacy Policy , incorporated herein by this reference (collectively hereafter, the “Privacy Policy”). By using the Platforms, you hereby waive and release SR from any claim or liability arising from or relating to collection, use, or disclosure of your information in a manner consistent with the Privacy Policy.
CHANGES
You agree that SR may, in its sole discretion, change, modify, add or remove portions of these Terms at any time and without notice to you. All revisions will be posted to the Site and we urge you to check back periodically for changes. Your continued use of any of the Platforms means that you accept, without limitation or qualification, the current version of the Terms.
OWNERSHIP
You acknowledge and agree that the Platforms, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom (collectively, “Our Content” or “SR Content”) are owned by SR or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of the Platforms (such as mobile applications, if any) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of SR and its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with SR’s ownership of the Platforms and Our Content, and that you gain no right, title, or interest in or to any of the Platforms or Our Content, except as stated in these Terms or any mutually executed written agreement between you and SR. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of SR or any third party.
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 use the Platforms and Our Content solely for your personal, non-commercial purposes. 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 or Our Content 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, 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 or Products 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 executed an agreement with SR that allows for such activity, or (xii) negatively affect other users' ability to access or 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.
COPYRIGHTS
The Platforms and Our Content, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and protected by other intellectual property laws, constitute the sole property of SR and/or its licensors, and may not be used except in accordance with these Terms or with SR’s prior written consent. Other than as necessary for your use of the Platforms in accordance with these Terms, SR grants no other privileges or rights in Our Content to you, and you must keep intact all patent, trademark, copyright and other proprietary notices on Our Content. Any Content owned by SR’s licensors may be subject to additional restrictions. All rights are expressly reserved to SR and its licensors.
TRADEMARKS
All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Platforms or are displayed in connection with the 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 Products.
YOUR CONTENT
From time to time, users of the Platforms may submit to SR information, messages, suggestions, questions, comments, product reviews, 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 through the Platforms. 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 without such users’ prior written consent; (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 arising from or relating to any of Your Content submitted to SR or displayed in connection with the use of the Platforms.
FEEDBACK
From time to time, SR may request your feedback or suggestions, including any ideas, comments, recommendations or the like (collectively, “Feedback”). To the extent you submit Feedback to SR and except for any personal information we may collect from you under the guidelines established in our Privacy Policy, it will be treated as non-confidential and non-proprietary. Furthermore, any disclosure, submission or offer of any Feedback shall constitute an assignment to SR 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 Feedback 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 where necessary. Thus, we will own exclusively the entire right, title and interest in, and shall not be limited in any way in the use, commercial or otherwise, of any Feedback. You should not submit any Feedback 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 Feedback in confidence; (ii) to pay to you or any third party any compensation for any Feedback; or (iii) to respond to any Feedback. You are and shall remain solely responsible for any Feedback you make or provide to us.
USER ACCOUNTS
You may register an account on the Site. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that SR has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, SR has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your account holder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of these Terms. SR will not be liable for losses, damages, liability, expenses, and fees incurred by you or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
DISCLAIMER OF WARRANTIES
The Products, including without limitation, any products, goods, services, Content, materials and other information made available via the Platforms, 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, any 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 WILL BE 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.
Furthermore, SR does not make any warranties or representations regarding the completeness, correctness, accuracy, adequacy, usefulness, timeliness, or reliability of any information made available on the Platforms. As a condition of your use of the Products, you warrant to SR that you will not use any Products for any purpose that is unlawful or prohibited by these Terms.
WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS TO BE ACHIEVED OR THE RESULTS, BENEFITS OR OUTCOMES THAT MAY BE OBTAINED THROUGH USE OF ANY PRODUCTS. WE URGE YOU TO REVIEW AND PAY PARTICULAR ATTENTION TO THE “PRODUCT WARNINGS-IMPORTANT !” AND “ASSUMPTION OF THE RISK ” SECTIONS BELOW.
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 Platforms, including without limitation any loss or damage to any of your computers or data.
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 THE 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.
IN NO EVENT SHALL SR’S LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORMS OR THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY PRODUCT, CONTENT OR OTHER MATERIALS OFFERED OR MADE AVAILABLE ON THE PLATFORMS, EXCEED ONE HUNDRED DOLLARS ($100). You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and SR. The Products would not be provided without such limitations. SR will not be liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen circumstance beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, threats or acts of terror, theft, any action or inaction of governmental, civil or military authority, strikes, lockouts or other labor disputes, or war. Some jurisdictions do not allow limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
SALES OF PRODUCTS
All purchases of Products are subject to the following additional product sales terms automatically upon your purchase of Products (“Terms of Sale”):
SR reserves the right to not accept any orders if there is a material error in the description of a Product or if the price advertised is incorrect.
SR reserves the right to refuse or discontinue the supply of any 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. Prices may change at any time without notice.
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).
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 reserves the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by SR, payment must be received by SR prior to acceptance of an order. Notwithstanding the foregoing, SR may in our sole discretion choose not to charge your credit card until your order has been shipped. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.
SR warrants that any Products purchased on the Site will be free from defects in materials or workmanship upon delivery. In the event of a defect, as your sole remedy and SR’s sole obligation, SR will repair or replace a defective product free of charge, subject to and in accordance with the terms of our Satisfaction Guarantee. 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.
You represent, warrant and covenant that all purchases of Products are for your personal consumption and not for resale.
From time to time we may be required to change the foregoing Terms of Sale or any other terms applicable to any 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 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 Products after we have notified you of a change to any terms, you will be deemed to have accepted all such changes.
Any SR publication concerning our Products may include inaccuracies or typographical errors. SR shall not be held responsible for any pricing, typographical, or other errors in such publications.
PAYMENT INFORMATION
When you provide any information to us for any reason, such as to sign up for an offer or purchase 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. Payment will be processed by SR’s independent third-party payment processor, using the payment method you designate or that is designated in your account. 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 as necessary 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 support@sportsresearch.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 Products is significant, and includes the potential for catastrophic injury and/or even death. You should and must consult your physician before using any 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 the Products may involve strenuous activity, so learning and practicing the proper use and care of the 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 Product. Read, understand, and follow all specific warnings and instructions contained in the Product literature when using any 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 the Products 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 Product. Always wear suitable clothing when exercising.
ASSUMPTION OF THE RISK
By buying, using, providing, or allowing the use of the Products, 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.
INDEMNIFICATION
You agree to indemnify and hold harmless SR, (including, without limitation, all related and affiliated entities and their respective directors, officers, shareholders, agents and representatives, and each of their respective successors and assigns) from and against any and all claims, actions, losses, damages, liabilities, expenses (including, without limitation, reasonable attorneys’ fees), costs and demands directly or indirectly arising from or related to the following: (i) your use, misuse, or inability to use the Platforms, Our Content or any Products offered or made available on the Platforms, (ii) your breach or violation of any of these Terms, (iii) Your Content or Feedback (as defined below), (iv) any inaccurate or incomplete data or any Harmful Code transmitted by you, (v) any violation of applicable laws, rules or regulations by you or Your Content or Feedback, and (vi) your order cancellation for products, goods or services, including but not limited to, the cost of special materials, the cost of custom or non-stock products completed or in process, and any reasonable costs incurred. SR reserves the right to defend such claim or suit and seek full recompense from you. Without limitation of the foregoing, you may not settle, compromise, or dispose of any claim in any other manner without our express written consent.
CONFIDENTIAL INFORMATION
From time to time in the course of using the Platforms, you may have access to certain confidential information of SR (“SR Confidential Information”). For clarity, as used in these Terms, “SR Confidential Information” means all nonpublic or proprietary information disclosed by or on behalf of SR, otherwise learned by you in the course of using the Platforms or otherwise interacting with SR, which is (i) designated as confidential or proprietary; or (ii) a reasonable person would conclude is confidential or proprietary. SR Confidential Information includes, but is not limited to, the following (whether furnished before or after you start using the Platforms, through the use of the Platforms or otherwise): (a) graphics and content of the Platforms that is not publicly accessible without a login or password; (b) information relating to SR’s products, plans, specifications, designs, formulas, ideas, inventions, know-how, processes, techniques, practices, methodologies, policies and procedures, manuals and handbooks, testing, research and development; (c) information regarding acquiring, protecting, enforcing and licensing SR’s proprietary rights including intellectual property rights; (d) information relating to SR’s employees, influencers, suppliers, resellers, distributors and customers; and (e) any and all copies, reproductions, notes, analyses, compilations, studies, interpretations and summaries of any of the above items, regardless of who prepares them. Notwithstanding the foregoing, SR Confidential Information does not include any information that you can demonstrate by documentary evidence (1) is or has become publicly available through no wrongful act or omission attributable to you; (2) is or becomes rightfully known to you through a third party who is not subject to a restriction on disclosure; or (3) is independently developed by you without the use of or reference to SR Confidential Information.
You agree not to use SR Confidential Information for any purpose other than as required to use the Platforms in accordance with these Terms (the "Purpose"). You agree to hold all SR Confidential Information in strict confidence using at least the degree of care you would use to protect your most sensitive information and in no event less than a reasonable degree of care. You agree to not publish, disseminate, or otherwise disclose, or permit or facilitate the disclosure of, any SR Confidential Information to any third party. To the extent required for the Purpose as authorized by SR in writing, you may disclose SR Confidential Information only to your employees, directors, officers and agents ("Representatives") who have a need to know such information to carry out the Purpose and are bound to obligations of confidentiality (either by written agreement or applicable law) which are no less restrictive than those set forth in these Terms. You agree to be responsible for all acts and omissions of your Representatives. Any copy, extract, portion, or derivative of SR Confidential Information shall be identified as belonging to SR and prominently marked "confidential."
PROHIBITION OF USE OF PLATFORMS OUTSIDE THE 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.
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 support@sportsresearch.com 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 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send SR a counter-notice.
TRANSFER OF OWNERSHIP
It is possible that SR and/or any of our assets may be acquired by an unrelated third party or undergo a divestiture, restructuring, reorganization,dissolution, or other sale or transfer of SR’s business, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding. In such a transaction, we may be required to disclose or sell any information you provide via the Platforms as an asset of the company in conjunction with the sale of our company or the sale of a portion of our assets to a third party. While we will endeavor to require the successor company to maintain these Terms, we cannot guarantee that our Terms will remain in effect.
MODIFICATIONS TO PRODUCTS
SR reserves the right at any time, and from time to time, to modify, terminate or discontinue, temporarily or permanently, the Products or their availability (or any portion thereof including any Content) with or without notice, in 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 Products.
CLAIM RESOLUTION
You and SR agree that in the event of any claim, dispute or controversy (whether in contract, tort or otherwise) arising out of, relating to or connected in any way with your use of any of the Platforms or Products or the breach, enforcement, interpretation or validity of these Terms (each, a “Claim”), the Claim will be resolved exclusively by final and binding arbitration, except as otherwise provided in these Terms. Arbitration is more informal than a lawsuit and uses a neutral arbitrator to resolve the Claim rather than a jury. Arbitration is subject to limited review by courts but arbitrators can award the same damages and relief that a court can award. YOU AND SR ARE EACH WAIVING THE RIGHT TO A JURY TRIAL. Notwithstanding the foregoing, each of the parties may bring an action in court to enjoin infringement or other misuse of a party’s intellectual property.
You and SR agree to use good faith efforts to resolve any Claims within thirty (30) days following written notice by either party that a Claim has arisen. If the parties cannot resolve the Claim within such time period, then the Claim shall be determined by a single arbitrator through Judicial Arbitration Mediation Services ("JAMS"), in the State of California, in the County of Los Angeles or Orange (the “Venue”). Alternatively, if it is determined or these Terms provide that a Claim should not proceed through arbitration, each of you and SR agree that the Claim will be resolved exclusively in federal court in the Venue and waive any objections as to personal jurisdiction in the Venue. The then-current JAMS Comprehensive Arbitration Rules and Procedures shall apply. All fees charged by JAMS shall be split equally by you and SR, but each party shall be responsible for its own attorneys’ fees. If the Claim is $10,000 or less, you may choose to have the arbitration conducted solely on the basis of the documents submitted to the arbitrator. You hereby acknowledge and agree that SR may effect service of process by email to the address provided by you to SR. Each of the parties waives the right to personal service.
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.
NOTICES
Unless explicitly stated otherwise in the Platforms, you must provide all notices or complaints to SR via email to support@sportsresearch.com or by U.S. mail to Sports Research Corporation, 784 Channel Street, San Pedro, California 90731.
MOBILE MESSAGE SERVICE
If you sign up for SR’s mobile message (“Message Service”), your use indicates your agreement to the additional terms and conditions in this Section (“Mobile Terms”). We may modify or cancel the Message Service or any of its features without notice.
We do not charge for the Message Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
By signing up for the Message Service, you are agreeing to receive recurring automated promotional and personalized marketing text (e.g. SMS and MMS) messages (e.g. cart reminders) from SR, including text messages sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Message Service provides updates, alerts, information, promotions, specials, and other marketing offers from SR via text messages through your wireless provider to the mobile number you provided when signing up or any other number that you designate.
Message frequency varies. SR reserves the right to alter the frequency of messages sent at any time.
To cancel, text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode 30805 or, if you are subscribed to the Message Service for sweetsweat.com, to the mobile number 1-833-267-5421. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that SR and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from other SR programs you have joined until you separately unsubscribe from those programs.
If you need help with the Message Service or have any questions, text the keyword HELP to our shortcode and/or the mobile number above, or email support@attentivemobile.com.
We may change any short code or telephone number we use to operate the Message Service at any time. The last message from the old telephone number or short code will inform that the Message Service is transferred to a new number or short code and give opt-out instructions. You acknowledge that any messages, including any STOP, END, CANCEL, UNSUBSCRIBE, QUIT or HELP requests, you send to a short code or telephone number that we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Message Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Message Service or from you providing us with a phone number that is not your own.
You agree that neither SR nor any of its service providers will be liable for failed, delayed, or misdirected delivery of any information sent through the Message Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Message Service.
Any amendment to the foregoing Mobile Terms is effective upon posting by SR and deemed accepted by you upon your use of the Message Service thereafter.
SUBSCRIPTION SERVICE
SR offers a subscription service which allows you to sign-up for automatic delivery of certain Products (the “Subscription Service”). By selecting Subscription Service, you are agreeing to receive and pay for recurring shipments of products (every 30, 60 or 90 days). Further, you are confirming your acceptance of the additional terms that follow (“Subscription Terms”).
Upon checkout after selecting the Subscription Service, your credit card will be charged the purchase price for the subscription products and your initial order will be shipped to your designated mailing address. Thereafter, every 30 days from the date you place your order (or 60 or 90 days from the order date, as selected by you), SR will automatically, without further authorization from you, charge your credit card the purchase price and ship the subscription products to your mailing address until you cancel the subscription.You acknowledge that the fee billed for the Subscription Service may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts. If SR changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
You agree to be responsible for all charges to your credit card for the subscription products, including applicable shipping and handling fees, until you cancel the Subscription Service. You may cancel by clicking here to log onto your account, clicking "Manage Subscriptions" and clicking "Cancel Subscription" next to the item you desire to cancel any time before 11:59 PM on the day before the date scheduled for SR to charge your credit card for the next installment of subscription products (“Recharge Date”). You may also cancel by calling 1-800-633-9308 during business hours at least one business day before the Recharge Date for any subscription product, provided that the cancellation is confirmed via phone or email by a Customer Service representative. Before the end of the initial 30, 60 or 90 day period and before the Recharge Date, you will receive a renewal reminder notice via email. Upon cancellation, automatic orders will terminate, and the subscription product will no longer be sent to you, unless you restart the Subscription Service.
All orders are subject to availability. If your subscription order is not available, you will be notified by e-mail and you will have the option either to wait until the item is available or to cancel your order.
"Subscribe and Save" discounts may be available. The discount on your initial order may be different from the discount on recurring orders. Special offers will not apply on top of any "Subscribe and Save" discount.
SR reserves the right in our discretion to elect not to renew the Subscription Service at any time and for any or no reason. Any amendment to the Subscription Terms is effective upon posting by SR and deemed accepted by you upon your use of the Subscription Service thereafter.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, the Platforms may contain links to other sites on the Internet and/or online services that are owned and operated by third parties other than SR (the “External Sites”). SR has no responsibility or liability for these independent third parties operating the External Sites and is not responsible for the content or practices 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.
GENERAL
If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SR as a result of these Terms or any use of the Products. SR’s performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of SR’s right to comply with law enforcement requests or requirements relating to your use of the Products or information provided to or gathered by SR with respect to such use. These Terms and the Privacy Policy constitute the entire agreement between you and SR with respect to the Platforms and Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SR with respect to the Platforms and Products. We may provide notice to you hereunder by posting announcements to the Platforms. Any rule of law or legal decision that would require interpretation of any ambiguities in these Terms against the party that has drafted it is not applicable and is waived to the fullest extent allowed by law. The provisions of these Terms shall be interpreted in a reasonable manner to effectuate the purpose intended by the parties.