A. Terms Of Use
Obscure International LLC (“Athletics Research”), AS A CONVENIENCE TO YOU, GRANTS YOU ACCESS TO ITS WEBSITES, ACCESSIBLE VIA www.AthleticsResearch.com, ITS SUBDOMAINS (COLLECTIVELY, THE “SITES”), AND USE OF ITS APPLICATIONS (HEREINAFTER REFERRED TO AS THE “APPS”), CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THE “TERMS OF USE”) (TOGETHER WITH OUR COOKIE POLICY, PRIVACY POLICY, TERMS OF SALE AND ANY OTHER DOCUMENTS REFERRED TO HEREIN). FOR THE PURPOSES OF THESE TERMS OF USE, “CONTENT” MEANS, COLLECTIVELY, ANY TEXT, IMAGES, GRAPHICS, SOFTWARE, SOURCE CODE, APPS, SPECIFICATIONS, AUDIO FILES, VIDEOS, ARTICLES, TRADEMARKS, LOGOS AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITES THAT ARE NOT SUBMISSIONS (AS THAT TERM IS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO THE DESIGN, STRUCTURE, SELECTION, COORDINATION, EXPRESSION, “LOOK AND FEEL” AND ARRANGEMENT OF SUCH CONTENT.
1. Acceptance of Terms.
PLEASE READ THESE TERMS OF USE AND ATHLETICS RESEARCH’S PRIVACY POLICY CAREFULLY. BY USING THE SITES AND APPS, ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITES, OUR APPS AND ANY OF THEIR CONTENT. IF YOU DO NOT AGREE TO THESE TERMS AND THE ATHLETICS RESEARCH PRIVACY POLICY, THEN YOU WILL NOT BE ABLE TO DOWNLOAD AND USE THE APPS. YOUR USE OF THE SITES AND APPS SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. ATHLETICS RESEARCH CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITES OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITES AND APPS. IF YOU DO NOT CEASE USING THESE SITES AND APPS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Athletics Research or its affiliates for other products or services.
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform. Notwithstanding anything else to the contrary contained in these Terms of Use, Athletics Research’s use of any personally identifiable information ( name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Athletics Research’s protection of your personal information, please refer to our Privacy Policy.
You are expected to check this page from time to time to take notice of any changes Athletics Research has made, as they are binding on you.
These Terms of Use were updated as of September 1, 2022.
2. Use and Restrictions.
The Sites and Apps may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites and Apps under applicable laws.
The Sites and Apps are provided solely as a convenience to you for non-commercial use. You may access and use the Sites and Apps only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Athletics Research, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites and Apps. You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or Apps or Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites and Apps; (f) other than for your use of the Sites and Apps as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites and Apps are hosted or modify or alter the Sites and Apps in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites or Apps; (h) use, frame or utilize framing techniques to enclose any Athletics Research trademark, logo or other proprietary information (including the images found at the Sites and the Apps, the content of any text or the layout/design of any page or form contained on a page) without Athletics Research’s express written consent; or (i) use any meta tags or any other “hidden text” utilizing a Athletics Research name, trademark, or product name without Athletics Research’s express written consent.
Any unauthorized use of the Sites and Apps will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Sites and Apps, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
For EU residents only: If accessing the Sites from outside of the EU (excluding the UK), Norway and Switzerland, the Contents on the Sites are displayed solely for the purpose of promoting Athletics Research’s products available within the European Union (excluding the UK), Norway and Switzerland.
3. Copyright
The Content, Sites, Apps, as well as the selection and arrangement thereof, are the sole property of Athletics Research and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Athletics Research’s express written consent. Other than as necessary for your use of the Sites and Apps in accordance with these Terms of Use, Athletics Research grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by Athletics Research’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Apps, Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Website, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without Athletics Research’s express prior written consent.
If you print, copy or download any part of the Sites in breach of these Terms of Use, your right to use the Sites will cease immediately and you must, at Athletics Research’s option, return or destroy any copies of the materials you have made. You may print one copy, and may download extracts of any page(s) from the sites for your personal non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Athletics Research’s status (and that of any identified contributors) as the authors of material on the Sites must always be acknowledged.
4. Trademark
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Sites and Apps are proprietary to Athletics Research or such Marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of Athletics Research, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Athletics Research or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Athletics Research.
5. Copyright and Trademark Infringements
Notification:
Athletics Research respects the intellectual property rights of others, and we ask you to do the same. Athletics Research may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites and Apps for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites or Apps, please provide Athletics Research’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site is covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites or Apps, and information reasonably sufficient to permit Athletics Research to locate the material.
Information reasonably sufficient to permit Athletics Research to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Athletics Research’s agent for notice of claims of copyright or trademark infringement on the Sites and Apps can be reached as follows:
By email: legal@AthleticsResearch.com
By mail: Athletics Research
Attn: Intellectual Property Protection
1541 N. 30th St.
Galesburg, MI 49053
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
6. Your Account
If you purchase products or services through your account using the Sites and Apps, you must establish an account with Athletics Research. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites and Apps that occur under your account or your account password.
You agree to immediately notify Athletics Research of any unauthorized use of your password or account or any other breach of security by Contacting Us. We have the right to disable any account or password at any time, for any reason.
You acknowledge and agree that Athletics Research may, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Sites and Apps, and all information relating to the use of the Sites and Apps under your account or account password if Athletics Research is required to do so by law or legal process or if Athletics Research determines, in its sole discretion, that such action is necessary to protect the rights of Athletics Research, third parties, and other users of the Sites and Apps or for purposes of responding to your request for customer service. Athletics Research’s right to disclose any such information shall govern over any terms of our Privacy Policy.
7. Terms of Sale
All product sales from the Sites and Apps are governed by any terms of sale that may be posted on the Sites and Apps. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Athletics Research’s sole discretion so you should review the terms of sale each time you make a purchase. Additional information may be found in our FAQ and online shopping sections of the Sites.
8. Electronic Communications
You consent to receive electronic communications from Athletics Research either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites and Apps for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites and Apps shall satisfy any legal requirement that such communication be in writing.
You agree that Athletics Research may use and/or disclose information consistent with its Privacy Policy.
9. Submissions
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Sites and Apps (each a “Submission”) and through the services available in connection with the Sites and Apps, and that you, and not Athletics Research, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to Athletics Research. You represent that the posting and use of your Submission on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; you agree to pay for all royalties, fees, and any other monies owed by reason of Submission you post; and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
Unless otherwise explicitly stated herein or in the Athletics Research Privacy Policy, you agree that any Submission provided by you in connection with the Sites and Apps is provided on a non-proprietary and non-confidential basis.
You agree that Athletics Research is free to use a Submission for the purpose of providing you and others with use of the Sites and Apps and their functionality and providing you with the associated products and services, and, unless the rights in such submission are assigned to Athletics Research under these Terms of Use, you grant Athletics Research a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license (“License”) to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission.
In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to Athletics Research a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of Athletics Research products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential and Athletics Research is under no obligation to treat such Submissions as proprietary information except pursuant to Athletics Research’s Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites and Apps or otherwise have the right to grant the Licenses to Athletics Research set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites, Apps does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites and Apps. When submitting Submissions to or otherwise using the Sites, Apps and/or the services, you agree not to, without limitation:
- use the Sites and Apps in a manner that uses technology or other means to access the Sites and Apps, or other content that is not authorized by Athletics Research;
- use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
- take any action that imposes or may impose (in Athletics Research’s sole discretion) an unreasonably or disproportionately large load on Athletics Research’s infrastructure;
- attempt to gain unauthorized access to Athletics Research computer network or user accounts;
- encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
- attempt to damage, disable, overburden, or impair Athletics Research servers or networks;
- fail to comply with applicable third party terms;
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- use racially, ethnically, or otherwise offensive language;
- discuss or incite illegal activity;
- use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
- post anything that exploits children or minors or that depicts cruelty to animals;
- post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
- disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
- use any robot, spider, scraper or other automated means to access the Sites or Apps; and
- alter the opinions, goals, profiles or comments posted by others on the Sites and Apps.
This list of prohibitions provides examples and is not complete or exclusive. Athletics Research reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites or Apps (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Athletics Research determines is inappropriate or disruptive to this Sites and Apps or to any other user of the Sites, Apps and/or services. Athletics Research may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Athletics Research’s discretion, Athletics Research will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites, Apps or on the Internet.
Athletics Research takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Athletics Research is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require Athletics Research to monitor, police or remove any Submissions or other information submitted by you or any other user.
Athletics Research prohibits crawling, scraping, caching or otherwise accessing any content on the Sites and Apps via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Athletics Research’s express consent).
It is Athletics Research’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Athletics Research does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Athletics Research is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
10. Modifications
Any Content offered or posted on the Sites and Apps is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Athletics Research reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites and Apps, at any time and from time to time.
11. Indemnification
You agree to defend, indemnify and hold harmless Athletics Research, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Sites and Apps; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these Terms of Use.
12. Links to Third Party Websites
The Sites and Apps may contain links to websites and other resources operated by third parties other than Athletics Research. Such links are provided solely as a convenience to you. Athletics Research does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites and Apps does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
13. Linking to the Sites
You may link to our sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other site, nor may you create a link to any part of the Sites other than the home page. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms of Use.
14. Viruses, Hacking and Other Offences
You must not misuse our Sites by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the server on which our site is stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial or service attack or distributed denial or service attack. We will report any such breach to the relevant law enforcements authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material posted on it, or on any website linked to it.
15. Warranties and Disclaimer
THE SITE, APPS, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE AND APPS, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATHLETICS RESEARCH DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ATHLETICS RESEARCH DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE OR APPS IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITE AND APPS, YOU WARRANT TO ATHLETICS RESEARCH THAT YOU WILL NOT USE THE SITES AND/OR APPS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE
Nothing in these Terms of Use shall effect your legal rights under applicable consumer laws.
IN ADDITION, THE SITES AND APPS MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. ATHLETICS RESEARCH THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ATHLETICS RESEARCH RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.
Minor differences in color and other variations in products are possible as a result of different IMAGE ACQUISITION, display technologies or other technical reasons. Athletics Research is not liable for these variants and deviations.
IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, ATHLETICS RESEARCH MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, ATHLETICS RESEARCH WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE.
16. Limitation of Liability
ATHLETICS RESEARCH AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, APPS, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY ATHLETICS RESEARCH’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
FOR NEW JERSEY RESIDENTS OR OTHER PERSONS ACCESSING THIS SITE FROM NEW JERSEY: You agree that all disputes arising from your account, your use of the Sites and Apps, and your Submissions and any Personal Rights contained therein shall be decided solely by an arbitrator, pursuant to the Consumer Arbitration Rules of the American Arbitration Association. By agreeing to arbitration, You understand and agree that You are waiving Your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes. Furthermore, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL in any dispute with Athletics Research, its subsidiaries and/or affiliates.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree that any claim you may have arising out of or related to your relationship with Athletics Research must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
17. Arbitration
General
We believe that arbitration offers a prompt and efficient way to resolve any dispute, controversy or other claim between us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”).
To the maximum extent permitted by law, you and we agree that any and all Disputes will be resolved exclusively and finally using binding arbitration and will only be conducted on an individual basis and not in a class, consolidated, representative or similar action, except as provided below. There is no judge or jury in arbitration, the discovery and other procedures are more limited and less formal, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court in an individual proceeding (including attorney’s fees).
Acceptance of these Terms of Use constitutes a waiver of your right to litigate the Dispute in any court, the opportunity to be heard by a judge or jury, and the ability to proceed in a class, consolidated, representative or similar action, except as provided below.
Pre-Arbitration Claim Resolution
Before you can commence any proceeding as to a Dispute, you must first give us an opportunity to resolve the Dispute by emailing us at legal@athleticsresearch.com a notification that contains the following information: (1) your name, (2) your address, (3) a written description of your claim in the Dispute, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue the Dispute in arbitration or, if you have opted out of arbitration as provided under “Right to Opt Out, in court.
Right to Opt Out
Notwithstanding the above, you may choose to pursue a Dispute in court and not by arbitration if you opt out of arbitration within 30 days from the date that you first consent to these Terms of Use (the “Opt-Out Deadline”). To opt out of arbitration, simply email us at legal@athleticsresearch.com with the following information: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve Disputes with us through arbitration. Please be assured that any decision to opt out of arbitration will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt out request received after the Opt-Out Deadline will not be valid and you will be required to pursue any Dispute in arbitration.
Arbitration Procedures If the Dispute is not resolved as provided under Pre-Arbitration Claim Resolution, either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, will arbitrate all
disputes, and the arbitration will be conducted before a single arbitrator. All issues shall be for the arbitrator to decide, including the scope of the arbitration provisions in these Terms of Use.
The AAA rules are available at www.adr.org or by calling 1-800-778-7879. These Terms of Use govern in the event of any conflict with the applicable arbitration rules.
Under no circumstances will class action procedures or rules apply to the arbitration, and the arbitrator may not consolidate more than one person’s Disputes or otherwise preside over any form of a class, consolidated, representative or similar action, unless both you and we specifically agree following initiation of the arbitration. The arbitration will be conducted in English, closed to the public and confidential. All related records shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
The U.S. Federal Arbitration Act (“FAA”) may govern the arbitration of Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or conditions precedent to suit.
Nothing herein will preclude us from seeking provisional remedies in aid of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of our intellectual property rights, from any court of competent jurisdiction.
Arbitration Award
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration
Unless we mutually agree on a different location, arbitration shall occur in Kalamazoo, Michigan. You waive any right to claim that such location is an inconvenient forum, and you agree not to sue us or bring arbitration in any other forum.
To minimize the costs and burdens of associated with arbitration, you and we agree that the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration. You and we further agree that the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties.
Payment of Arbitration Fees and Costs
So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing, administration and arbitrator fees and associated costs and expenses in any Dispute involving claims totaling less than $10,000. You will be responsible for all additional fees and costs that you incur in the arbitration, including the fees and costs of any attorney or expert witness you use. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Waiver of Class Action, Jury and Other Rights You acknowledge and agree that, subject to your ability to pursue a Dispute in court by complying with the procedures above under “Right to Opt Out,” your acceptance of these Terms of Use constitutes your waiver of certain rights, including your right to litigate a Dispute in a public court before a judge or jury; your ability to participate in a class, consolidated, representative or similar action; your ability to conduct discovery and other procedures except under AAA rules; and your right to certain remedies, relief or other.
18. Governing Law
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Sites, Apps and/or the Content must and will be venued exclusively in Kalamazoo, Michigan, USA. These Terms of Use and the relationship between you and Athletics Research will be governed by the laws of the State of Michigan, USA, and the federal laws of United States of America applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.
19. Miscellaneous
If any provision of these Terms of Use 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 of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.
20. Language
The official language of these Terms of Use exclusively shall be, and all communications and agreements between Athletics Research and you and any proceedings in connection with these Terms of Use and/or your use of the Sites and Apps, exclusively shall be made in, the English language. Athletics Research and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only.
21. No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Athletics Research as a result of these Terms of Use, our Privacy Policy or any use of the Sites and Apps. Athletics Research’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Athletics Research’s right to comply with law enforcement requests or requirements relating to your use of the Sites and Apps or information provided to or gathered by Athletics Research with respect to such use.
22. Entire Agreement
These Terms of Use, Cookie Policy and our Privacy Policy constitute the entire agreement between you and Athletics Research with respect to the Sites and Apps, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Athletics Research with respect to the Sites and Apps.
B. GIFT CARDS TERMS AND CONDITIONS
These Gift Card Terms and Conditions (the “Gift Card Terms”) apply to all Athletics Research physical and electronic gift cards (“eGift Cards”), including all Athletics Research trade-in, credit, or promotional physical and eGift Cards (each a “Gift Card” or collectively, “Gift Cards”) purchased, used, loaded, obtained, or otherwise redeemed (collectively “Used”) by you.
By Using a Gift Card, you agree to be bound by the “Terms,” which include these Gift Card Terms, the broader Athletics Research Terms of Use, Terms of Sale, as applicable, and the terms and conditions of Athletics Research’s third-party Gift Card providers (as detailed below). You agree and acknowledge that Athletics Research may process your personal information in connection with your Use of Gift Cards in accordance with its Privacy Policy.
Athletics Research may, in its sole discretion, modify the Terms at any time. Any updated version will become effective when posted. By continuing to Use a Gift Card after the Terms have changed, you are agreeing to the revised Terms. If any of the Terms are deemed invalid, void or for any reason unenforceable, only that unenforceable clause will be deemed severable and shall not affect the validity and enforceability of the remaining Terms.
In these Terms, “you” and “your” means the cardholder who Uses a Gift Card. “We,” “us,” “our,” and “Athletics Research” means Obscure International LLC and additional affiliates, as applicable. “Online” means Athletics Research ecommerce domains, such as AthleticsResearch.comand mobile (iOS and Android) applications. “Stores” means Athletics Research-owned and operated retail stores.
For Balance Inquiries please CONTACT US or visit OUR WEBSITE.
1. Purchasing
Athletics Research Gift Cards are available for purchase in Stores, Online, and at various other authorized retailers, and are offered in the following denominations:
- Physical Athletics Research Gift Cards purchased in-Store can be purchased in amounts between $10 and $1,000.
- Athletics Research Gift Cards purchased Online or in the Athletics Research mobile application (both physical and eGift Cards) can be purchased in increments of $50, $100, or $200, with the ability to add in a custom value amount up to $1,000.
Gift Cards have no value until activated. Athletics Research reserves the right to suspend or delay activation until payment has been cleared.
It is your responsibility to obtain a receipt for Gift Card purchases and to ensure that the card number listed on the receipt corresponds to the card number printed on the Gift Card.
Gift Cards are only valid if purchased from Stores, Online, or an authorized third-party distributor. A Gift Card is neither valid nor acceptable, and we will not be held liable, if it is obtained from unauthorized sellers or resellers, including Internet auction sites. Limitations:
i. Athletics Research’s policies limit the maximum value of each Gift Card to $1,000, and Athletics Research uses commercially reasonable efforts to limit the aggregated amount of Gift Cards purchased to $5,000 per day (within a 24-hour period), per individual across Stores and Online.
ii. You may not use third-party gift cards (e.g., mall gift cards) to purchase a Athletics Research Gift Card.
iii. Your Athletics Research Gift Card balance cannot be used to purchase other Athletics Research Gift Cards.
iv. Gift Cards may not be purchased using promotional offers or discounts.
v. A Gift Card is not a credit, debit, or charge card. No implied warranties attach to purchased Gift Cards.
vi. Gift Cards cannot be returned; resold; used for payment outside of Stores or Online; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by Athletics Research. No portion of your Gift Card balance may be transferred to another person, Athletics Research Wallet, or Athletics Research account or applied to any other account, except to the extent required by law.
vii. If purchasing Online, Athletics Research will not be liable for any failure or delay in delivery. You are obligated to provide the correct address or email address, as applicable. Athletics Research is not responsible for Athletics Research Gift Cards that are undeliverable or not received due to inaccurate delivery information.
viii. Athletics Research is not liable for Gift Cards purchased or sold via websites that facilitate the aftermarket sales of pre-owned merchandise (e.g., Facebook, eBay, Craigslist). Gift Cards obtained or purchased from non-Athletics Research sources may be invalid or have a lower redeemable balance or value than the unauthorized vendor represented. Athletics Research is not obligated to honor invalid Gift Cards or balances, or values that have been misrepresented or are incorrect
2. Redemption
Gift Cards can only be redeemed in Stores and Online. Gift Cards cannot be used at other retailers (shop-in-shops), franchises, or with our wholesale partners.
When you use the Gift Card to make a purchase, the amount available on the Gift Card is reduced by the purchase amount, and each subsequent purchase is deducted from the balance. The use of your Gift Card for purchases is a demand for and withdrawal from the remaining value on your Card. The balance will remain on the Gift Card until it is decreased to zero, at which time the Gift Card will be deactivated. You must have sufficient available funds on a Card to make any purchase or pay any difference between the available funds and the purchase amount in cash or by credit card, or in a form acceptable to Athletics Research.
You do not have the authority to halt a purchase initiated with your Gift Card and you are liable for any such transaction. Athletics Research reserves the right to refuse a Gift Card or limit the ability to use if Athletics Research has reason to believe that the Use is unauthorized, fraudulent, or otherwise illegal. Restrictions:
i. Only five (5) Gift Cards can be redeemed at a time Online.
ii. Gift Cards cannot be redeemed in the following countries: Qatar, Bahrain, Oman, Kuwait, UAE, Mexico.
iii. Gift Cards purchased in China are only redeemable for purchases at Athletics Research retail stores in China.
iv. Gift Cards should not be used in combination with community discounts (e.g., Military, First Responder, Health Care Worker, Brand Ambassador, etc.).
v. Gift Cards are not eligible for redemption on the Athletics Research Like New website or in connection with Experiential Store.
vi. Gift Cards cannot be used to purchase certain ineligible goods and services (e.g., Mirror products). To pay for an order that includes any ineligible items, you may need to provide a credit card, debit card, or another valid payment method. Eligible goods and services are subject to change at our discretion.
vii. Gift Cards cannot be transferred to another account after you have redeemed the claim code.
viii. Gift Cards cannot be used as payment for orders placed for commercial purposes (i.e., sourcing inventory online). You are not permitted to Use Gift Cards to fulfill sales or fund purchases with the intent of reselling or exporting the goods or services
3. Returns
All returns for purchases made with an Athletics Research Gift Card will result in a credit to a Gift Card or issuance of a new Gift Card in the amount of the returned item. If multiple payment methods were used for the purchase, the portion paid for with an Athletics Research Gift Card will be refunded accordingly.
4. Risk of Loss
The risk of loss and title for Gift Cards passes to the purchaser upon sale, upon Athletics Research’s electronic transmission of the Gift Card to the purchaser or designated recipient, or Athletics Research’s delivery to the carrier, whichever is applicable.
You are responsible for safeguarding your Gift Card from unauthorized use. Athletics Research is not responsible if any Gift Card is lost, stolen, or destroyed or if your Gift Card is used without your permission. Athletics Research will not replace or replenish Gift Cards that are lost, stolen, or used without authorization.
Beware of gift card scams. Do not share your Gift Card number and PIN if you are NOT purchasing an item from Stores or Online. You can report potential scams to your local law enforcement and the FTC (reportfraud.ftc.gov). There are a variety of gift card scams that request payment by a gift card. Go to FTC.gov/giftcards to learn more about gift card scams. Athletics Research is not responsible for and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any gift card.
5. Expiration of Gift Cards
Gift Cards never expire or accrue fees.
6. Violation of These Terms; Suspension; Fraud
By Using a Gift Card, you agree to comply with our Terms and not Use a Gift Card in a way that is harmful to Athletics Research, its affiliates, or its guests. If you engage in a prohibited activity that violates our Terms, company policies, or that, in our sole discretion, disrupts or harms our customers, reputation, goodwill, business, or operations, we may take additional action(s) against you and impose restrictions on Gift Cards, including Gift Card balances, services, and accounts, orders, and purchases.
We reserve the right, without prior notice, at any time and in our sole discretion to (i) prohibit you from purchasing, claiming or redeeming, or reloading Gift Cards; (ii) void, limit, modify, deactivate, suspend, or refuse to accept Gift Cards (including as a component of your Online balance) without a refund; (iii) cancel or limit orders and fulfillment (including orders relating to Gift Cards and balances used to make purchases); or (iv) close or suspend accounts and access to our services. This may occur under certain situations, including, but not limited to (a) if a Gift Card was obtained, used, or applied to an Online account or used as payment in a manner that is fraudulent, illegal, or in violation of our Terms and policies; (b) if the Gift Card balance uploaded or applied to an Online account exceeds a legal or regulatory limit; (c) if we experience an issue with the on-file payment (e.g., insufficient funds) and/or need to verify information for payment to clear; and/or (d) if an update or change in law imposes new legal requirements.
7. Compliance with Laws
Your Use of a Gift Card certifies and represents to Athletics Research that the activities in which the Gift Card will be used will comply with the Terms, all applicable laws, rules, and regulations and that the Gift Card will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to guests. In addition, you agree to defend and indemnify Athletics Research and its subsidiaries and affiliates from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your Use of a Gift Card or violation of the Terms. You agree to release Athletics Research from and against all claims and expenses you may have and liabilities you may incur in connection with your Use of the Gift Card or violation of any of the Terms.
8. No Promotional Use or Affiliation with Athletics Research
Athletics Research Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
It is strictly prohibited to use Athletics Research’s name, logo, trade dress (including any image/likeness of the cards), or intellectual properties, including without limitation, trademark and copyright, in connection with Athletics Research Gift Cards in any way that states or implies that any person, website, business, product, or service is endorsed or sponsored by or otherwise affiliated with Athletics Research or any of its subsidiaries or affiliates.
9. Limitation of Liability
ATHLETICS RESEARCH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
10. Disputes
Any dispute relating in any way to Gift Cards, and the Use thereof, will be resolved in accordance with Section 17 “Arbitration” in the Athletics Research Terms of Use.
NOTE, THIS SECTION MAY LIMIT CERTAIN RIGHTS. PLEASE REVIEW THE ATHLETICS RESEARCH TERMS OF USE FOR FURTHER INFORMATION.
11. General
i. Governing Law
When you purchase, receive or redeem a Athletics Research Gift Card, you agree that either the laws of the province of the State of Michigan and the federal laws of the United States, as applicable, without regard to principles of conflict of laws, will govern these Gift Card Terms.
ii. Third-Party Gift Card Providers
Athletics Research utilizes third-party providers to issue, administer, and provide Gifts Cards to you. Athletics Research may terminate or modify the relationships with such providers without notice to you. Any unlicensed vendor may not resell an Athletics Research Gift Card under penalty of law; unlawful resale or attempted resale may result in seizure and cancellation without compensation.
iii. Corporate Program Gift Cards
In the United States, bulk Gift Card purchases for businesses can be made through the Corporate Gift Card Program. Bulk purchases for consumers are not accepted. Corporate customers requesting Athletics Research Gift Cards for purchases exceeding the $5,000 daily aggregate limit available Online or in-Store can purchase Athletics Research Gift Cards by emailing: info@athleticsresearch.com
C. APPLICATIONS (“APPS”)
USE OF THE ATHLETICS RESEARCH APPS CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE AS SUCH MAY BE REVISED BY ATHLETICS RESEARCH FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN YOU AND ATHLETICS RESEARCH GOVERNING THE USE OF THE APPS. BY DOWNLOADING OR INSTALLING THE APPS USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THE APPS IMMEDIATELY.
1. Google Terms and Conditions; Athletics Research Policies
These Terms supplement and incorporate (a) the Google Play Terms of Service (“Google”) Terms and Conditions (located at https://play.google.com/intl/en-GB_ca/about/play-terms.html) including, without limitation, the Google Terms of Service provided therein (“Google Terms”); and (b) other Athletics Research policies (“Athletics Research Policies”), including the terms of use for Athletics Research’s website posted at www.AthleticsResearch.com (“Athletics Research Website”). If any of the provisions of the Google Terms and Conditions or any applicable Athletics Research Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the App.
2. Apple Terms and Conditions; Athletics Research Policies
These Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) other Athletics Research policies (“Athletics Research Policies”), including the terms of use for Athletics Research’s website posted at www.AthleticsResearch.com (“Athletics Research Website”). If any of the provisions of the Apple Terms and Conditions or any applicable Athletics Research Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the App.
3. User Information and the App
You agree to: (a) provide true, accurate, current and complete information about yourself as required for purposes of registration (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. Persistent Log-in
You have the option to use the “persistent log-in” feature, which allows you to remain logged-in while the App is closed in order to avoid having to reenter your log-in information each time you open the App. If you choose to exercise this option, you understand that anyone who gains access to your mobile device will be able to access, and use all of the functionality as found on the App, including the payment functions. By agreeing to this option you understand and agree that you are responsible for any charges or actions on your account.
5. Carrier Charges
You hereby agree and acknowledge that your use of the Apps may involve data charges which are your responsibility as between you and your wireless service provider.
6. Lost or Stolen Device
Athletics Research is not responsible for unauthorized use of your mobile device, including mobile payments made where the mobile device may have been lost or stolen even when you have notified Athletics Research about the mobile device being lost or stolen.
7. User License
Subject to these Terms, Athletics Research grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal and/or non-commercial use only on any android, mobile, Apple iPhone, iPad or iPod Touch computer, or other supported device, (each a “Device”) owned or controlled by User as permitted by the Usage Rules contained in the Google Terms and Apple Terms and in accordance with these Terms (“User License”) or on any other device which may later support the use of the App as permitted by such device’s terms and conditions which shall be provided to User accordingly. Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the App (the “Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
8. Privacy of User Information
Some functionality of the Apps, including location-based services and functionality, may require the transmission of personal information provided by the User including User’s name and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), GPS Location (“User Information”). If the User uses such Apps’ functionality, the User consents to the collection by Athletics Research of User Information and to the transmission of User Information to Athletics Research and, its agents and/or service providers and authorizes Athletics Research, its agents and/or service providers to record, process and store such User Information as necessary for the App functionality and for purposes described in the Athletics Research Privacy Policy located at //www.AthleticsResearch.com/privacy).
The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Apps. The User agrees to immediately notify Athletics Research of any breach of security. Athletics Research shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Apps, unless such unauthorized or fraudulent transactions arises from Athletics Research’s breach of its obligations under the Privacy Policy, the Terms and the Athletics Research Policies, its negligence or willful misconduct.
Personal information of User will be stored and protected by Athletics Research in the manner described in the Privacy Policy. For further information concerning how we collect, use and disclose information pertaining to the Apps, see the Athletics Research Privacy Policy.
9. Acceptable Use, Reviews and other User Submitted Content
Use by the User of the Apps and any of their Content and User Information transmitted in connection with the Apps is limited to the contemplated functionality. The User agrees that his or her use of the Apps and any Content must comply with these Terms, Google Terms, Apple Terms and the Athletics Research Policies.
10.Third Party Beneficiary
Apple, Google and each of their subsidiaries, are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Google and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.
11. Pricing and Quantities
The Shop App will provide you with pricing for the products that are carried by Athletics Research both in-store and online. The pricing shown to you through use of the Shop App may only be good for purchases made online or through the Shop App and may differ from in-store pricing.
Price and availability information is subject to change without notice. While Athletics Research takes great care to ensure our information is accurate, mistakes may occur. When a mistake is noticed Athletics Research will correct it as soon as possible and notify customers who are affected. Where necessary, an order may be cancelled prior to shipping the product. Athletics Research reserves the right to limit quantities. Not all products shown in the Shop App are available in-store, as some products can only be found online.
QUESTIONS OR CONCERNS
If you have any concerns about material which appears on this Website, please contact us by emailing us at: legal@athleticsresearch.com or by writing to us at:
Athletics Research
1541 N. 30th St.
Galesburg, MI 49053
USA
