1. 1. Copyright.
Ownership. All content included on the Access Athletes Sites, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the property of Access Athletes or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Access Athletes Sites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Access Athletes or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Access Athletes Sites, content, services, products or software, in whole or in part.
Copyright Complaints. Access Athletes respects the intellectual property of others, and we ask our content partners and Access Athletes members to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the Access Athletes Sites in a way that constitutes copyright infringement, you may notify Access Athletes by providing Access Athletes's copyright agent the following information:
1. an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
4. Identification of the URL or other specific location of the Access Athletes Sites where the material that you claim is infringing is located, including enough information to allow us to locate the material.
5. Your name, address, telephone number and e-mail address.
6. 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.
7. A statement by you, made under the penalty of perjury that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf. Access Athletes's agent for notice of claims of copyright infringement on the Access Athletes site can be reached as follows: Counsel, Access Athletes, LLC,
2. 2. Permitted Use of Access Athletes Trademarks.
Access Athletes trademarks identify Access Athletes products and services, and let the public know the source of those products and services. You may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to Access Athletes. Other uses require written permission from Access Athletes, and absent such express permission, you agree not to use or display the Access Athletes trademarks in any manner. Please make such requests by e-mail to matt@AccessAthletes.com; we will evaluate your request as soon as possible.
Access Athletes's Trademarks include, without limitation, those published and searchable on the United States Patent and Trademark Office located at http://www.uspto.gov at “Search Trademarks” indicating Access Athletes as the identified owner for conducting such search.
3. 3. Visitor or ContributorSubmissions and Content.
Access Athletes may provide interAccess Athletes areas on the Access Athletes sites, in which users may post communications. You understand that all information (including your comment name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Access Athletes, are entirely responsible for all Content that you post, transmit or otherwise make available via the Access Athletes Sites. Under no circumstances will Access Athletes be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Access Athletes Sites. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the
Access Athletes does not claim ownership of any Content submitted and/or posted by you as a guest or visitor on any Access Athletes Site(s). However, by submitting and/or posting any Content to the Access Athletes Sites, you grant Access Athletes a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the Access Athletes interAccess Athletes areas and Access Athletes Sites, you agree not to:
1. impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Access Athletes.
2. use an inappropriate name of any kind when leaving a comment.
3. target or harm minors in any way.
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Access Athletes Sites.
5. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
6. upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
7. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
8. upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Access Athletes Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
10. interfere with or disrupt the Access Athletes Sites or servers or networks connected to the Access Athletes Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Access Athletes Sites.
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the
13. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; and/or
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
You understand that the technical processing and transmission of the Access Athletes Sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Access Athletes Sites and software embodied within the Access Athletes Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Access Athletes and/or content providers who provide content to the Access Athletes Sites. You may not attempt to override or circumvent any of the usage rules embedded into the Access Athletes Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Access Athletes Sites, in whole or in part, is strictly prohibited.
Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to Access Athletes through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) Access Athletes is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) Access Athletes shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) Access Athletes may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of Access Athletes without any obligation of Access Athletes to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from Access Athletes under any circumstances.
4. 4. Links; Third Party Services; Promotional Messages.
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against Access Athletes with respect to such sites.
In addition, you may order services or merchandise through the Access Athletes Sites from other persons not affiliated with Access Athletes ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the Access Athletes Sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Access Athletes makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Access Athletes, nor will Access Athletes be construed as, a party to such transactions, whether or not Access Athletes may have received some form of revenue or other remuneration in connection with the transaction. You agree that Access Athletes will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
Access Athletes and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Access Athletes makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Access Athletes nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from Access Athletes such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the Access Athletes Sites and services.
5. 5. Registration and Password: Access Athletes Expert Contributors.
You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Access Athletes of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When you are given your login credentials as an expert contributor, you also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to Access Athletes for the contributor bio section. If you provide any information that is untrue, inaccurate, not current or incomplete, or Access Athletes has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Access Athletes has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Access Athletes Sites or related products and services (or any portion thereof). Access Athletes makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy.
6. 6. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF ACCESS ATHLETES IS AT YOUR SOLE RISK. ACCESS ATHLETES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCESS ATHLETES AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE ACCESS ATHLETES SITES OR OTHERWISE BY ACCESS ATHLETES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ACCESS ATHLETES NOR ITS EXPERT CONTRIBUTORS, WHILE SUCH EXPERT CONTRIBUTORS ARE PARTICIPATING IN ACCESS ATHLETES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. ACCESS ATHLETES ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON ACCESS ATHLETES CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON ACCESS ATHLETES.
ACCESS ATHLETES MAKES NO WARRANTY THAT THE ACCESS ATHLETES SITES' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. ACCESS ATHLETES DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE ACCESS ATHLETES SITES. ACCESS ATHLETES IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ACCESS ATHLETES SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
7. 7. Limitation of Liability
ACCESS ATHLETES, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACCESS ATHLETES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE ACCESS ATHLETES SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ACCESS ATHLETES SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH ACCESS ATHLETES; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY ACCESS ATHLETES; (E) PERSONAL INJURY NOT CAUSED BY ACCESS ATHLETES'S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ACCESS ATHLETES SITES; OR (H) ANY OTHER MATTER RELATING TO THE ACCESS ATHLETES SITES, OR ACCESS ATHLETES PRODUCTS OR SERVICES. YOU AGREE THAT ACCESS ATHLETES'S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY ACCESS ATHLETES FROM YOU.
8. 8. Indemnification.
9. 9. Termination.
10. 10. Applicable Law; Consent to Jurisdiction.
The Access Athletes Sites (excluding linked sites) are controlled by Access Athletes from its offices within the State of Florida and Maryland, United States of America. The Access Athletes Sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida or Maryland, by accessing the Access Athletes Sites both you and Access Athletes agree that the statutes and laws of the State of Florida or Maryland, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Access Athletes Sites.
You agree that exclusive jurisdiction for any dispute with Access Athletes, or in any way relating to your use of Access Athletes, resides in the courts of the State of Florida or Maryland and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida or Maryland in connection with any dispute including any claim involving Access Athletes or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
11. 11. Miscellaneous
12. 12. Contact
Dated: April 26, 2011