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Terms of Use

Terms and Conditions for use
By using the Athleticore.com web site (“Service”), a service of Athleticore, LLC (“Athleticore”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Athleticore reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.athleticore.com/termsofuse.asp

Account Terms

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of your account and password. Athleticore cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who are sharing your pages).
6. One person or legal entity may not maintain more than one free account.
7. Pages being "Public" shared may be promoted and linked by Athleticore as example uses of the Service.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


Violation of any of these agreements will result in the termination of your Account. While Athleticore prohibits such conduct and Content on the Service, you understand and agree that Athleticore cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts. Credit cards are also required to establish a free account but are not required to continue service of a free account. Payment is automatically recurring at the interval selected upon registering for the service.
2. The Service is billed in advance on a monthly, 3-month, 6-month or 12-month period based on your selection when signing up. It is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Athleticore does not accept any liability for such loss.


Disclaimer

1. Athleticore.com requires that you consult with your physician before following any training instructions you receive through Athleticore.com or participating in any event announced on the Athleticore.com web site. Athleticore.com is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Athleticore.com is not a prescription system and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death.
2 .You should never disregard medical advice or delay in seeking it because of something you have read on the Athleticore.com web site. Athleticore.com is not responsible for any health problems that may result from training programs, products, or events you learn about through Athleticore.com. If you engage in any exercise program you receive through Athleticore.com, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Athleticore.com from any and all claims or causes of action, known or unknown, arising out of Athleticore.com's negligence. You agree to indemnify and hold harmless Athleticore.com and any partners or associates we represent for any loss, liability, claim, damage, and expenses (including reasonable attorneys' fees) arising from or in connection with your use of the information or services you receive through Athleticore.com.
3. The information and services available on or through the Athleticore.com web site and in e-mail messages sent to Athleticore.com members come from a variety of sources. We do not actively monitor the content of the Athleticore.com web site features, newsletters, e-mail messages, or other material available through Athleticore.com. Therefore, while we strive to bring you only the most helpful and accurate information, we cannot verify, endorse or vouch for the information, services or recommendations available through the Athleticore.com web site. Athleticore.com is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Athleticore.com web site, or for any health problems that may result from training programs, products, or events you learn about through Athleticore.com. Athleticore.com does not certify content or endorse any information supplied by other companies for our web site.
4. Your use of any Message Boards or Public Forums available on our site is at your own risk. You are responsible for any information you disclose on these Message Boards or Public Forums and we cannot be held responsible or liable for the consequences of any use of these Message Boards or Public Forums.
5. PLEASE NOTE: Not all exercises are suitable for everyone. Before you begin any training instructions you receive through Athleticore.com or participating in any event announced on the Athleticore.com web site, you should have permission from your physician to participate in vigorous exercise. If you feel discomfort or pain, do not continue. The instructions and advice presented are in no way intended as a substitute for medical counseling.

Cancellation and Termination

1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the My Account link in the Preferences menu bar at the top of the screen. The My Account screen provides a simple, no questions asked one-click instant cancellation process.
2. All of your Content will remain in our system after cancellation, you may return at a later date and re-instate your account with data attached.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect when your chosen term ends. You will not be charged again.
4. Athleticore, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Athleticore service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Athleticore reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. Athleticore reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change without notice from us. Such notice may be provided at any time by posting the changes to the Athleticore Site (www.athleticore.com) or the Service itself.
3. Athleticore shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow anyone to view and share your Content.
2. Athleticore does not pre-screen Content, but Athleticore and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All Athleticore.com systems are maintained with the latest revisions of operating system patches and software, including security updates. Multiple sources of information about Internet security issues are monitored on a daily basis, and systems are carefully monitored to detect any attempts to compromise security. Access to databases is limited to technical staff that are performing maintenance activities, and support staff assisting a user, and in all cases, is strictly limited to the minimum necessary to perform the assigned task. We use the SSL encryption standard to communicate sensitive user information. Technical staff uses secure clients for interactive maintenance sessions to prevent password sniffing. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or you transmit from our online products or services, and you do so at your own risk. Once we receive your transmission, we take all reasonable efforts to ensure its security on our systems. Sometimes user data is not retrievable or is lost or damaged. In these instances, we will try to retrieve or restore the data but we cannot be held responsible and cannot be held liable for data that is lost or damaged, not retrievable, altered or misused. We also cannot be held responsible and cannot be held liable for information that is lost or damaged, not retrievable, altered or misused by third parties.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is provided via email (we try to respond within 24 hours, often much faster).
3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Athleticore, or any other Athleticore service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Athleticore.
5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Athleticore customer, employee, member, or officer will result in immediate account termination.
7. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Athleticore) of other Athleticore customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
11. Athleticore does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
12. You expressly understand and agree that Athleticore shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Athleticore has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
13. The failure of Athleticore to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Athleticore and govern your use of the Service, superceding any prior agreements between you and Athleticore (including, but not limited to, any prior versions of the Terms of Service).
14. Questions about the Terms of Service should be sent to support at Athleticore dot com.
15. Training data uploaded to the Athleticore.com server shall be owned by the customer, but Athleticore.com shall have access to such data as it pertains to our privacy agreement and terms of use. TrainingPeaks holds this data in highest regard and will not use it for malicious, unlawful or any purpose intended to cause harm or damage to the customer. It will not be shared with any 3rd party unless aggregated as a whole, anonymously for general comparison.

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