PLEASE READ THESE TERMS OF USE VERY CAREFULLY.
Welcome to Our website ("Website"). For purposes of this Agreement, the terms "we," "us," our," "AthleteFocus and AthleteFocus.com" refer to AthleteFocus.com, Inc., and "you" and "your" refers to you, as a user of our site.
THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, AND / OR, ON BEHALF OF YOUR COMPANY OR ORGANIZATION), AND ATHLETEFOCUS.
AthleteFocus may at any time modify the terms and conditions of this Agreement and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.
AthleteFocus.com is a networking service that allows individuals and organizations ("Members") to create unique profiles online in order to find and communicate with one or more participating Members.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of AthleteFocus. By using AthleteFocus, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the AthleteFocus Website) or you are a "Member" (which means that you have registered with AthleteFocus). The term "User" refers to a Visitor or a Member. You are only authorized to use AthleteFocus (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave AthleteFocus immediately. You may receive a copy of this Agreement by emailing us at support@athleteocus.comThis email address is being protected from spam bots, you need Javascript enabled to view it
If you wish to become a Member, communicate with other Members and make use of our services, you must read this Agreement and indicate your acceptance during the Registration process.
Your AthleteFocus profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
Despite this prohibition, information provided by other Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services, and AthleteFocus assumes no responsibility or liability for this material. If you become aware of misuse of AthleteFocus by any person, please contact AthleteFocus via the "Report Inappropriate Content" link at the bottom of the AthleteFocus homepage.
License To Website. Subject to your performance of all of the provisions of this Agreement, including payment of all applicable fees, AthleteFocus hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the Website and the services contained herein (the "Service") solely as provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with AthleteFocus. You shall be exclusively responsible for the supervision, management, and control of your Website user login and password. You shall ensure that you properly exit the Website at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your right to use the Website is not transferable. You will use the Website and the Service in accordance with all applicable laws. AthleteFocus may, without notice, terminate your access to the Website and the Service or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect AthleteFocus™ networks, information and the security and integrity of the Website.
AthleteFocus reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of AthleteFocus at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility. Use of and Membership in the AthleteFocus is void where prohibited. By using the AthleteFocus, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the AthleteFocus does not violate any applicable law or regulation.
Term/Fees. This Agreement shall remain in full force and effect while you use the Website, and/or are a Member. AthleteFocus may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your registration or such other email address as you may subsequently provide to AthleteFocus. If AthleteFocus terminates your access to the Website because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Even after membership is terminated, the terms of this Agreement shall survive for so long as required to give them effect. AthleteFocus reserves the right to charge for the Service and has the right to terminate Membership or rights to use the service should the user breach this Agreement or fail to pay for the Service, as required by this Agreement. You are responsible for obtaining, installing and maintaining your own internal equipment and communications services necessary to access and use the Website. You shall be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses that you incur by accessing the Website.
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify AthleteFocus immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-Commercial Use. The Website is for the use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of AthleteFocus. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website are strictly prohibited. Except as effected or permitted by AthleteFocus, all advertisements, unsolicited mailings or advertisement to, or solicitation of, any Member to buy or sell any products or services through the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by AthleteFocus for any illegal or unauthorized use of the Website.
Proprietary Rights in Content on AthleteFocus. AthleteFocus owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, trademarks, patent pending material and other proprietary information of AthleteFocus, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
AthleteFocus does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to AthleteFocus. After posting your Content to AthleteFocus, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through AthleteFocus, you hereby grant to AthleteFocus a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through AthleteFocus.
The license you grant to AthleteFocus is non-exclusive (meaning you are free to license your Content to anyone else in addition to AthleteFocus), fully-paid and royalty-free (meaning that AthleteFocus is not required to pay you for the use on AthleteFocus of the Content that you post), sublicensable (so that AthleteFocus is able to use its affiliates and subcontractors such as Internet content delivery networks to provide AthleteFocus), and worldwide (because the Internet and AthleteFocus are global in reach). This license will terminate at the time you remove your Content from the AthleteFocus. The license does not grant AthleteFocus the right to sell your Content, nor does the license grant AthleteFocus the right to distribute your Content outside of AthleteFocus.
You represent and warrant that: (i) you own the Content posted by you on or through AthleteFocus or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through AthleteFocus does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through AthleteFocus.
AthleteFocus contains Content of Users and other AthleteFocus licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through AthleteFocus.
Our Rights To Your Content. You understand and agree that AthleteFocus may review and delete any content, news, messages, photos or profiles (collectively, "Content") that in the sole judgment of AthleteFocus violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the AthleteFocus or any material or information that you transmit to other Members. By posting Content on any public area of AthleteFocus, you automatically grant as well as represent and warrant that you have the right to grant to AthleteFocus, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and that AthleteFocus has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
AthleteFocus does not endorse and has no control over the Content. Content is not necessarily reviewed by AthleteFocus prior to posting and does not necessarily reflect the opinions or policies of AthleteFocus. AthleteFocus makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
The following is a partial list of the kind of Content that is illegal or prohibited on AthleteFocus.
- is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes, from AthleteFocus.
You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not include in your Member profile any telephone numbers, street addresses, URLs or email addresses. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through AthleteFocus. You may not transmit any chain letters or junk email to other Members. Although AthleteFocus cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from AthleteFocus in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, AthleteFocus reserves the right to restrict the number of emails that a Member may send to other Members in any 24-hour period to a number which AthleteFocus deems appropriate at its sole discretion.
Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on AthleteFocus in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 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. AthleteFocus Patent and Copyright Agents for notice of claims of patent and copyright infringement can be reached as follows: General Counsel, AthleteFocus.com Inc. c/o Hunter S. Freeman, Greenville, South Carolina.
Disputes. If there is any dispute about or involving AthleteFocus, you agree that the dispute shall be governed by the laws of the State of South Carolina, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of South Carolina, City of Greenville.
Member Disputes. You are solely responsible for your interactions with other AthleteFocus Members. AthleteFocus reserves the right, but has no obligation, to monitor disputes between you and other Members.
U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws including but not limited to (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Limitation on Liability. IN NO EVENT SHALL ATHLETEFOCUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ATHLETEFOCUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ATHLETEFOCUS™ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ATHLETEFOCUS FOR THE ATHLETEFOCUS SERVICES DURING THE TERM OF MEMBERSHIP.
Consumer Protection Laws. THIS WEBSITE AND THE SERVICE ARE BUSINESS PRODUCTS, THE APPLICATION OF WHICH IS COMMERCIAL, RATHER THAN CONSUMER-ORIENTED, IN NATURE. IN ACCEPTING THIS AGREEMENT, YOU RECOGNIZE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT CONSUMER PROTECTION LAWS DO NOT APPLY TO THE TRANSACTIONS CONTEMPLATED HEREBY.
Indemnity. You agree to indemnify and hold AthleteFocus, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of AthleteFocus in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on AthleteFocus causes AthleteFocus to be liable to another.
Disclaimers. AthleteFocus is not responsible for any incorrect or inaccurate Content posted on AthleteFocus or in connection with AthleteFocus, whether caused by Users of AthleteFocus or by any of the equipment or programming associated with or utilized in AthleteFocus. Profiles created and posted by Members on AthleteFocus may contain links to other websites. AthleteFocus is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by AthleteFocus. Inclusion of any linked website on the AthleteFocus does not imply approval or endorsement of the linked website by AthleteFocus. When you access these third-party sites, you do so at your own risk. AthleteFocus takes no responsibility for third party advertisements which are posted on AthleteFocus or through the AthleteFocus, nor does it take any responsibility for the goods or services provided by its advertisers. AthleteFocus is not responsible for the conduct, whether online or offline, of any User of AthleteFocus. AthleteFocus assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. AthleteFocus is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of AthleteFocus or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with AthleteFocus. Under no circumstances shall AthleteFocus be responsible for any loss or damage, including personal injury or death, resulting from use of AthleteFocus, attendance at a AthleteFocus event, from any Content posted on or through AthleteFocus, or from the conduct of any Users of AthleteFocus, whether online or offline. AthleteFocus are provided "AS-IS" and as available and AthleteFocus expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AthleteFocus cannot guarantee and does not promise any specific results from use of AthleteFocus.
Restrictions. You are solely responsible for any and all acts and omissions that occur under your user login and password, and you shall not to engage in unacceptable use of the Website, which includes, without limitation, use of the Website to transmit material that: (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming," or otherwise is an advertisement to, or solicitation of, any Member to buy or sell any products or services through the Service; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as utilizing images without authorization from photographers, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (j) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (k) is deemed by AthleteFocus to be in conflict with the spirit or intent of this Agreement. AthleteFocus reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. YOU SHALL BE RESPONSIBLE FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIALS.
Sponsorship. THERE IS NO GUARANTEE THAT SPONSORSHIP WILL BE ACQUIRED OR GIVEN AS A RESULT OF USING THE SERVICE. To the extent that you enter into a sponsorship transaction, you acknowledge that you may not disclose to any third party any sponsorship information acquired through the Service, including, but not limited to, the terms of your sponsorship contracts, pricing and any other information deemed as confidential by the parties to the sponsorship transaction. You agree to follow all the requirements or terms as stated by your applicable sponsorship agreements.
Privacy. Any and all information that we obtain from you, or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: Privacy Policy . You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. AthleteFocus makes no representation or warranties with regard to the sufficiency of the security measures used for data handling and storage. AthleteFocus will not be responsible for any actual or consequential damages that result from a lapse in compliance with our Privacy Policy because of a security breach or technical malfunction.
Links To Other Web Sites. To the extent this Site contains links to outside services and resources, you agree that your use of such links is solely at your own risk and that any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Outside service providers and resources, and their respective employees and agents are not related to AthleteFocus and AthleteFocus is not responsible for any of their conduct, acts or omissions.
Miscellaneous. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce that or any other provision of this Agreement. In the event a dispute arises regarding this Agreement or the use of this Website, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred, in addition to damages and any other relief to which it is entitled.
Authority. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority from your respective governing body to enter into this Agreement and to bind your respective company to all the terms and conditions of this Agreement.
SELECTING "ACCEPT TERMS OF USE" WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO CREATE AN ACCOUNT AND USE THE WEBSITE.