TERMS & CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM

By accessing or using this website, mobile application or other Athletic Forge LLC. product or service (collectively the "Structure") on any computer, mobile phone, tablet, console or other Tool (collectively, "Tool"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Athletic Forge LLC. Athletic Forge may change these Terms of Use at any time, and the changes will be effective when they are posted to our Structure. Your continued use of the Structure shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Structure.

THIS WEBSITE DOES NOT OFFER MEDICAL ADVICE

The content on all websites associated with the Athletic Forge LLC., including, but not limited to, the text, graphics, images, links, and other materials are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and does not constitute medical or other professional advice. Reliance on any information provided herein is solely at your own risk. 

PHYSICAL ACTIVITY NOTICE

The Structure may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Athletic Forge is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Structure. Reliance on any information provided herein is solely at your own risk.

 

INTELLECTUAL PROPERTY

All intellectual property on the Structure (except for User Generated Content) is owned by Athletic Forge LLC, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks, and trade names are owned, registered and/or licensed by Athletic Forge LLC or its affiliates. All content on the Structure (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Material") is a collective work under the United States and other copyright laws and is the proprietary property of Athletic Forge, LLC; All rights reserved. By using the Structure, you acknowledge Athletic Forges’ ownership of and interest in the intellectual property and agree not to challenge the validity or enforceability thereof.

PLATFORM USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Structure or to place an order or purchase Athletic Forge products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Structure. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Structure, including User Generated Content (defined below), without Athletic Forges’ prior written consent, unless it is your own User Generated Content that you legally post on the Structure. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

 

PRODUCT ORDERS

All orders placed through the Structure are subject to Athletic Forge's acceptance. This means that Athletic Forge may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Athletic Forge will issue you a refund. Athletic Forges’ attempts to ship products in an effective and timely manner, but we cannot guarantee the condition of the products or a specific timeframe due to the nature of the shipping and fulfillment industry.

 

SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your Athletic Forge accounts. Keep your usernames/passwords secure and do not allow anyone else to use your usernames/passwords to access the Structure. You agree to immediately notify Athletic Forge of any unauthorized use of your account. Athletic Forge is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

 

USER GENERATED CONTENT

"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Structure, except to the extent the Content is owned by Athletic Forge LLC. 

You, and not Athletic Forge, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Structure. We do not have an obligation to review the contributions posted to the Structure, but you understand that we may refuse to post or remove any of your contributions at our sole discretion.

 

ELIGIBILITY AND REGISTRATION

To become a member of the Structure, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Structure. This Structure is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Structure. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

ATHLETIC FORGE, LLC.'S RIGHTS TO YOUR POSTING

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Athletic Forge a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

 

COPYRIGHT INFRINGEMENT COMPLAINTS

If you believe that your work has been improperly copied and posted on the Structure, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Structure the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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 the copyright owner's behalf. These requirements must be followed to give Athletic Forge LLC legally sufficient notice to Athletic Forge LLC of infringement. Send copyright infringement complaints to: Snell & Wilmer
 

We suggest that you consult your legal advisor before filing a notice with Athletic Forge LLC.'s copyright agent, because there may be penalties for false claims.
 

LINKS

The Structure may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). Athletic Forge does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Athletic Forge LLC is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

MOBILE SERVICES

The Structure contains services and features that are available to certain mobile Tools. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Tools. By using Athletic Forge’s mobile services, you agree that we may communicate with you by electronic means to your mobile Tool and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Athletic Forge LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Structure, your conduct in connection with the Structure or with other Structure users, or any violation of these Terms of Use, any law or the rights of any third party.

 

PRIVACY

Our Privacy Policy, which is incorporated into these Terms of Use, further describes the collection and use of information on this Structure.

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. Athletic Forge is not responsible or liable for any loss or damage resulting from any interaction with other Structure users, persons you meet through the Structure, or persons who find you because of information posted on, by or through the Structure. You agree to take reasonable precautions in all interactions with other users on the Structure, and conduct any necessary investigation before meeting another person. Athletic Forge is under no obligation to become involved with any user dispute, but may do so at its own discretion.

 

WARRANTY DISCLAIMER

Athletic Forge is not responsible or liable for any User Generated Content or other Content posted on the Structure or for any offensive, unlawful or objectionable content you may encounter on or through the Structure. The Structure, User Generated Content, Content, and the materials and products on this Structure are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, Athletic Forge disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness or rehabilitation for a particular purpose and non-infringement. Athletic Forge cannot guarantee and does not promise any specific results from use of the Structure. Athletic Forge does not represent or warrant that the Structure will be uninterrupted or error-free, that any defects will be corrected, or that this Structure or the server that makes the Structure available are free of viruses or anything else harmful. To the fullest extent permitted by law, Athletic Forge does not make any warranties or representations regarding the use of the materials or Content in the Structure in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Material at your own risk, and that you will be solely responsible for your use and any damage to your mobile Tool, computer system or other Tool in which you access the Structure, loss of data or other harm of any kind that may result. Athletic Forge reserves the right to change any and all Material and other items used or contained in the Structure at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 

LIMITATION OF LIABILITY

ATHLETIC FORGE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE STRUCTURE OR THE CONDUCT OF OTHER STRUCTURE USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER GENERATED CONTENT, EVEN IF ATHLETIC FORGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE STRUCTURE. YOUR ONLY REMEDY AGAINST ATHLETIC FORGE FOR USE OF THE STRUCTURE OR ANY CONTENT IS TO STOP USING THE STRUCTURE. THAT SAID, IF ATHLETIC FORGE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS STRUCTURE OR ANY CONTENT, ATHLETIC FORGE’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

GOVERNING LAW; JURISDICTION; DISPUTES

This Terms of Use shall be governed by and construed in accordance with the laws of the State of California. You hereby agree to submit to the jurisdiction of, and agree that venue is proper in, the courts in Riverside County, California in any such legal action or proceeding.

 

You agree that all disputes, actions, and claims relating to you access to or use of the Structure and all matters arising out of or related to these Terms of Use (except for legal action taken to seek an injunction or other equitable relief related to the Structure or user generated content, or claims related to the validity or enforceability of your or our intellectual property rights) (collectively “Dispute”) will be governed by the Federal Arbitration Act (FAA), federal arbitration law, and laws of the State of California, without regard to choice of law principles.

You furthermore agree that any Dispute will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

In the event of a Dispute, you or Athletic Forge must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Athletic Forge LLC. at Attention Arbitration, Snell & Wilmer 600 Anton Blvd. Suite 1400 Costa Mesa, CA. 92626-7689 You and Athletic Forge will attempt to resolve any Dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Athletic Forge may commence arbitration. You are not required to wait 60 days to file a small claims action.

 

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's supplementary procedures for consumer-related disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You agree to commence arbitration only in your county of residence or in Riverside County, California. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Athletic Forge will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submission, or in person by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could.

 

You agree that the making of claims or resolution of Disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You agree that to the extent permitted by applicable law, that any and all Disputes will be resolved individually in the forum designated in this section, without resort to any form of class action.

To the extent permitted by law, any Dispute to which this section applies must be filed within one year in small claims court or in arbitration with the AAA. The one-year period begins when the claim or Notice of Dispute could first be filed. If such a Dispute isn't filed within one year, it's permanently barred.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

 

YOUR RESPONSIBILITY DURING A CLAIM

You agree to co-operate and assist us in defending any claim brought against us by a third party that arises from your breach of these Terms of Use and you will allow us to handle any such claim.

 

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable. 


TERMINATION

Athletic Forge LLC. reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Structure for any or no reason, without notice, and without liability to you or anyone else. Athletic Forge LLC. also reserves the right to block users from certain IP addresses or Tool numbers and prevent access to the Structure. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

CHANGES TO THE STRUCTURE AND THESE TERMS OF USE

The Structure and the Terms of Use may be changed by Athletic Forge LLC. and the changes will be effective when they are posted to the Structure. Please review the Structure periodically for changes. If there are material changes, we may send you notice of the change by e-mail or through other methods on the Structure. Continued use of the Structure following any change constitutes your acceptance of the change.

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

Effective: 3/1/21
Last Updated: 3/1/21