THIS SITE IS OWNED AND PUBLISHED AND/OR MANAGED BY ATHLETIC PERFORMANCE, INC. (“API”). THE FOLLOWING TERMS OF USE APPLY TO YOUR USE OF THIS SITE:

1. Personal Data

API collects and uses two types of data about users of this site: (1) Personal Data – (names and addresses etc) via which it is possible to identify an individual from that information; and (2) Aggregated Data – being all other information that relates purely to generic statistics such as traffic flow and demographics.

Personal Data

API will only collect, use and transfer Personal data about you if you have consented to that collection, use and transfer, unless API believes that such action is necessary to (a) conform to legal requirements (b) protect and defend its rights or property (c ) enforce this User Agreement or (d) act to protect the interests of its users or others.

You give your consent in the following ways:

a) Upon acceptance of the Terms and Use (i.e. by using the site's features) you automatically consent to collecting the information that is on any Registration Form, and information about your movements around and use of this site and other owned or managed sites.

Aggregated Data

Other non-personal information will be collected and used by API and may be transferred to third parties. Any such statistical or demographic information will not include personal details through which you could be identified. In addition to non-personal information given on your Registration Form, information is automatically collected about traffic around the site. This is also used in aggregate form and no individual registered user will be identified.

Cookie

API uses cookies to speed up access to the site (it bypasses checking the registered user database). A cookie is a small piece of information sent to your computer to help us to identify you quickly. It is possible for you to disable these cookies by changing your browser settings, but this may slow down or prohibit access to parts of the site.

Security

Security is paramount to API in respect of your data. We use a variety of software to ensure appropriate security encryption.

2. Intellectual Property Rights in the Content of the Site

API Content

All material on the site is owned by API, or (as warranted) by its licensors, and is protected by intellectual property laws. You may not copy, modify, reproduce, republish, post, transmit or distribute in any way any material from this site including the underlying code and software, save as authorized by this agreement. API reserves the right to sue for breach of its intellectual property rights. You are only authorized to use the site and its contents for your personal, non-commercial use. This amounts to viewing the site and printing off individual pages or sections for personal use. You may not use any part of the material on the site to establish, maintain or aid in the establishment or maintenance of your own publications, internet or other.

3. APIs’ Obligations

API will use its reasonable endeavors to ensure that the site and the facilities therefore is/are available at all times and that the content on the site is accurate, true and error free. However we do not guarantee this and provide no warranties unless specifically stated.

4. API Rights

API reserves the right to change any of these Terms of Use after you have been given notice of any changes.

5. Disclaimer / Liability

Use of the site and the facilities thereon, and any material or information obtained from this site (all of which is provided free of charge) is at your own risk, and API hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, express or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement. In addition, API shall not be responsible for the failure of performance of this site and/or the software used thereon or obtained there from; the loss of data or services resulting from delays, non-deliveries, mis-deliveries, or service interruption; the accuracy, quality, timelines, completeness or nature of information obtained through its services; any omission in the information provided; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access this site, save that liability for death or personal injury is not excluded.

This site may be linked to or from other sites that are not controlled by API. API does not control in any respect any information, products or services offered by such other sites and shall NOT be responsible for the content of such other sites. For example, users may be able to buy goods and services via the site, some of which may be through third party retailers who link to the site. Users may also enter into correspondence with or participate in promotions of advertisers on this site. API in no way endorses these third parties and any such transactions, dealings, correspondence with participation in promotions of third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party. API assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.

You agree to indemnify API in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by you of any of the terms of this agreement.

6. Jurisdiction

This user agreement shall be governed by and construed in accordance with the laws within the United States and the parties submit to the exclusive jurisdiction of the State and Federal Courts of the United States.

7. Severance

If any provision(s) of the user agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

8. Waiver

API’s failure to exercise or enforce any right or provision of the user agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by API in writing.

9. Contact Details

If you have any questions or concerns, please contact API by calling (410) 923-2100 or via email at info@athleticperformanceinc.com 


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