TERMS & CONDITIONS
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.
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
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
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.
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.
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.
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
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
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
Last Updated: 3/1/21