Terms of Use
General Information
Welcome to Athlo.com (“Athlo” or “The Site”). Whether You (anyone who visits Athlo) use Athlo as a “Visitor” (someone who uses non-restricted sections of Athlo, including through a mobile device, but has not registered) or as a “Member” (someone who has registered), You consent to this Terms of Use (“Terms of Use” or “Agreement”). The terms “User” and “You” will both refer to either a “Visitor” or “Member”. If You do not agree with these Terms of Use, You are not authorized to use The Site.
The Site is run by Athlo LLC (“We”, “Us” or the “Company”) and We want all Users to enjoy their experience on The Site. Any new features or updates to existing features added to The Site are subject to this Terms of Use as well. We may revise and update the Terms of Use at any time; therefore please review them periodically, because continued usage of The Site indicates You agree with any such changes.
Eligibility
We strongly recommend that all Users consult their physician prior to participation in any physical activity.
Users acknowledge and agree that strength, flexibility, and aerobic exercise, including the use of equipment, is a potentially hazardous activity. Further, Users acknowledge and agree that fitness activities involve a risk of injury and even death, and such activities, including the use of equipment and machinery, are participated in voluntarily and with knowledge and understanding of the dangers involved. Users agree to expressly assume and accept any and all risks of injury and/or death.
You further must declare to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent participation or use of equipment and machinery expect as hereinafter stated. You acknowledge that You have been informed of the need for a physician’s approval for participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also must acknowledge that it has been recommended that You have a yearly or more frequent physical examination and consultation with a physician as to physical activity, exercise, and use of exercise and training equipment so that You have his/her recommendations concerning such fitness activities and equipment use. You acknowledge and agree that You have either had a physical examination and have been given a physician’s permission to participate, or that You have decided to participate in activity and use of equipment and machinery without the approval of a physician and do hereby assume all responsibility for participation and activities, and utilization of equipment and machinery during activities.
You must be 18 or older to register as a User or to use The Site or have parental permission and supervision if You are younger than 18. Use of The Site and membership are void where prohibited. By agreeing to these terms or by using The Site, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. We may terminate any membership and/or prohibit You from using or accessing The Site for any reason, at any time.
Registration Data; Account Security
You agree to (a) provide accurate, current and complete information about You as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of Your password and identification; © maintain and promptly update the Registration Data, and any other information You provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of Your account and for any actions that take place using Your account.
Copyright
All text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly) created, generated, presented, produced or calculated by Athlo, (collectively “Site Content”) are the property of Athlo and protected by U.S. and international copyright laws. You acknowledge and agree that Site Content contained in advertisements or information presented to You through The Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Athlo generated training plans are licensed under a Creative Commons Attribution-Share Alike 3.0 United States License.
User Conduct
In order to keep Athlo as a User-friendly environment, You agree and consent to abide the following rules governing User conduct while using The Site. You represent, warrant and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on or through The Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, You agree not to use The Site to:
- harvest or collect email addresses or other contact information of other users from The Site by electronic or other means;
- use The Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; use automated scripts to collect information from or otherwise interact with The Site;
- upload, post, transmit, share, store or otherwise make available any User Content (defined in User Content Posted On The Site section below) that We deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- falsify Your registration information, or register for more than one User account, register for a User account on behalf of an individual other than Yourself, or register for a User account on behalf of any group or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on The Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- upload, post, transmit, share, store or otherwise make available User Content that would constitute, encourage or provide instructions for a criminal offense, or violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another’s account, service or system without authorization from Athlo.
User Content Posted On The Site
You are solely responsible for the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, listings, and other information that You upload, publish or display on or through The Site, or transmit to or share with other users (collectively, “ User Content”). You understand and agree that We may, but are not obligated to, review The Site and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, including User Content which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at Your sole cost and expense for creating backup copies and replacing any User Content You post or store on The Site or provide to Athlo. When You post User Content to The Site, You authorize and direct us to make such copies thereof as We deem necessary in order to facilitate the posting and storage of the User Content on The Site. By posting User Content to any part of The Site, You automatically grant, and You represent and warrant that You have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with The Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove Your User Content from The Site at any time. If You choose to remove Your User Content, the license granted above will automatically expire, however You acknowledge that We may retain archived copies of Your User Content. Athlo does not assert ownership of Your User Content. Subject to the rights granted to us in these Terms of Use, You retain full ownership of all of Your User Content and any intellectual property rights or other proprietary rights associated with Your User Content.
Athlo generated training plans are NOT considered User Content. All text, graphics, schedules, times, icons, and information associated with the training plan is licensed as described in the Copyright section of this Terms of Use. All workouts created by Users are automatically stored in the Athlo database and can be searched for by other Users. Your personal information and name are not associated with the workout, but the title, notes, routes, exercises and quantifiers for that workout can be viewed by other Users. You can turn off this default feature so that none of Your workouts are visible to other Users through your Privacy Settings.
Third Party Websites and Content
The Site contains links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other Content or items belonging to or originating from third parties. We do not monitor or check these Third Party Sites for accuracy, completeness or policies regarding their Content. If You access a Third Party Site through an advertisement, link or other method through Athlo, You do so at Your own risk. Our Terms of Use no longer apply and You will be subject to the Terms of Use and Privacy Policy of the Third Party Site.
Disclaimer of Warranties
You expressly agree that use of Athlo is at Your sole risk. Athlo is provided on an “as is” and “as available” basis. Athlo and its subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. The information on the Athlo site or otherwise by Athlo is provided with the understanding that neither Athlo nor its Users are engaged in rendering legal, medical, counseling or other professional services or advice. Athlo encourages You to seek appropriate professional advice or care for any situation or problem that You may have. In particular, the activities and exercises described in training programs, training plans and articles on Athlo can be dangerous and may result in injury or death. You must consult with a licensed physician before participating in any of the activities described on Athlo. Athlo makes no warranty that its services will be uninterrupted, secure or error free. Athlo does not guarantee the accuracy or completeness of any information provided. Athlo is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Athlo is at Your own discretion and risk and that You will be solely responsible for any damage to Your own computer system or loss of data that results from the download of such material and/or data.
Limitation of Liability
Athlo, its subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors shall not be liable to You 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 Athlo has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Athlo, products or services; (b) use by You of any training program or any other product purchased through Athlo; © Your participation in any promotion or program coordinated by Athlo; (d) personal injury not caused by Athlo’s gross negligence; (e) unauthorized access to or alteration of Your transmissions or data; (f) statements or conduct of any third party on Athlo; or (g) any other matter relating to Athlo. Notwithstanding any other provision of this agreement, Athlo’s entire liability to You for any cause whatsoever, and regardless of the form of the action, will at all time be limited to the amount paid, if any, by You to us for any services during the term of this Agreement.
Applicable Law; Consent to Jurisdiction
Athlo’s executive office resides within the State of California, United States of America. By accessing the Athlo both You and Athlo agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Athlo.
Indemnification
You agree to defend, indemnify and hold harmless Athlo, its subsidiaries, and each of their affiliates, directors, officers, agents, partners, contractors, licensors, licensees and employees or the author of any training plan from any claim, demand, loss, liability or expense (including reasonable attorneys’ fees), relating to or arising out of: Your use of Athlo; the use by You of any training plan generated by Athlo; Your violation of these Terms of Use; User Content You submit, post, transmit or otherwise make available through the Athlo; or any other infringement committed by You, or any other subscriber of Your account, of any intellectual property or other right of any person or entity.
User Disputes
You are solely responsible for Your interactions with other Athlo Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users, or to take any action that the We feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the membership of one or more Users.
Congratulations if You made it all the way through. Now get out there and go for a run or something! If You have any questions regarding these Terms of Use, please contact Us at any time.