terms-and-condition1

PreGame Fit LLC Website (“Website”) Terms and Conditions of Use

Welcome to the official website (“Website”) of PreGame Fit LLC (“PreGame Fit”). The following terms and conditions (“Terms of Use”) establish the terms under which you, the user (“You,” “User,” or “Users”) may access and use this Website and content appearing on this Website (“Content”), whether via a computer, mobile device, or other devices or application(s). Any person or organization accessing or using the Website is a “User” for purposes of these Terms of Use. Use of the Website and/or Website Content constitutes the User’s full agreement to comply with and be bound by these Terms of Use, as well as the Website’s Privacy Policy and DMCA Notice, included and incorporated by reference into these Terms of Use. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE.

The Website is owned and operated by PreGame Fit, LLC, and made accessible to Users pursuant to these Terms of Use and other policies, practices, and procedures established and posted from time to time, and as modified, with or without notice to Users. Users are responsible for monitoring the Website for changes to the Terms of Use and other Website policies and procedures.

1. Medical Advice Disclaimer. The Content appearing on this Website, including without limitation all text, information, audio components, photographs, illustrations, graphics, video and other visuals (if any), is intended for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or a recommendation of any kind. You should always obtain the advice of a qualified doctor or heath care professional: (a) before starting or implementing any health-related program, including without limitation diet or exercise programs, and (b) with any questions or concerns regarding your medical condition and personal needs. Neither PreGame Fit nor its founders, members, managers, directors, employees, contractors, or agents recommend or endorse any Content, including without limitation any specific actions, activities, products, procedures, opinions or other information that may appear or be included on the Website, either on an individual basis or for the population as a whole. Individual decisions regarding health and fitness are made at the User’s own risk and should be made with the assistance of and after consultation with medical doctors or other qualified professionals. Reliance on or use of Website Content is done solely at the User’s own risk.

2. General Disclaimer. The Website may contain various Content, including without limitation facts, views, opinions, statements, articles, recommendations, advertisements, and links to external websites not owned or controlled by PreGame Fit. PreGame Fit makes no warranties or representations as to the accuracy, safety or value of Content created or owned by third parties, or for content of third-party websites linked to or from the Website, and assume no liability or responsibility for errors or omissions in Content. Use and reliance upon Website Content is taken at the User’s sole risk.

3. Service. The Website provides Users with access to Website Content. Users must obtain, provide, and maintain Internet access and required, related equipment. PreGame Fit accepts no responsibility or liability for any User’s ability or inability to access the Website or take advantage of Website Content.

4. Limited Use License. Portions of the Website may enable or permit Users to access, download, read and/or listen to Content available in MP3, .pdf, or other viewable, downloadable and/or streaming formats (“Audiovisual Materials”). Audiovisual Materials are Content and subject to the Terms of Use. Audiovisual Materials are copyrighted under the laws of the United States and remain the exclusive property of PreGame Fit and/or relevant third party copyright holders. PreGame Fit hereby grants Users a limited, non-transferable, personal license to use Audiovisual Materials (“License”), subject to applicable use and/or purchase requirements and payment of any associated costs or fees. The License is personal to the purchasing User and granted for private, individual, personal use only. Audiovisual Materials may not be edited, altered, reproduced, copied, transferred, published, distributed, sold, rewritten, or modified from the original form and content. Audiovisual Materials and copies of Audiovisual Materials may not be sold, shared, transferred or distributed without the advance written consent of PreGame Fit or the third party owners, which may be withheld, conditioned, or denied at the owner’s sole discretion. Audiovisual Materials may not be used or reproduced for any purposes without a separate license and permission from PreGame Fit and/or the copyright holder(s). PreGame Fit does not facilitate or arrange use licenses for third party Content.

5. Personal Use Only. The Website, Content, and related products and services (including without limitation purchased Content and Audiovisual Materials) are made available to Users for personal, non-commercial use only. Users may not: (a) copy, reproduce, edit, alter, overwrite, block, reproduce, or delete Content, (b) alter the Website’s appearance or functionality, or (c) use the Website or Content to advertise or sell a product or service without the advance written consent of PreGame Fit, which may be withheld, conditioned, or denied at PreGame Fit’s sole discretion. PreGame Fit reserves the sole, exclusive, discretionary right to determine what constitutes “selling” and “advertising” and to grant or deny any person or entity the right to sell or advertise a product or service on the Website.

6. Online Sales; Payment Information. Pregame Fit may (but has no obligation to) make certain products and/or services (“Products”) available for purchase and/or download through the Website. Purchasing Products constitutes the purchasing User’s (“Purchaser’s”) representation and warranty that the relevant User is at least eighteen (18) years of age. Users must pay, in full, the listed prices for any purchases made at the time of purchase. Purchases must be made by credit/debit card or by other payment methods acceptable to PreGame Fit, at PreGame Fit’s sole discretion, and may not be refundable. Purchasers are responsible for all applicable taxes, costs, and fees. If payment is not received by PreGame Fit from a Purchaser’s credit or debit card issuer or its agents, the Purchaser hereby agrees to pay all amounts due immediately upon demand by PreGame Fit. Certain Products purchased and/or downloaded from the Website may be subject to additional terms and conditions presented at the time of purchase. Users who purchase downloadable Content will be required to provide payment and other personally identifying information. Each User will notify PreGame Fit immediately of unauthorized use of the User’s personal information or any other known breach of the Terms of Use. Each User is responsible for maintaining the confidentiality and security of that User’s personal and payment information. Users may not use stolen or fraudulent information for any purpose on or relating to the Website or for any reason or purpose which would: (a) violate or circumvent the Terms of Use or any policy, rule, procedure or practice of the Website, PreGame Fit, or applicable law, and/or (b) constitute an illegal act or misrepresentation of the User’s identity.

7. Protected Content. The Website, and all Content, is protected by copyright, trademark, and other applicable laws. Users may access the Website and Content only on a limited basis pursuant to these Terms of Use. PreGame Fit reserves and retains full ownership and other intellectual property rights to Content created by or belonging to PreGame Fit. Users are not permitted to, and will not, make any claim to ownership of or other legal rights to Content belonging to PreGame Fit or any third party. PreGame Fit will not: (a) act as an intermediary for Users to obtain permission to use third party Content, (b) mediate or resolve disputes between Users and third party Content owners, and/or (c) accept responsibility or liability for wrongful use of Content by any person.

8. Intellectual Property. Trademarks, logos, service marks, trade names, and other intellectual property (collectively, “Intellectual Property”) used or displayed on the Website or on Website Content (including without limitation downloadable Content) are the sole and separate property of PreGame Fit and/or their respective third-party owners. Intellectual Property may not be used, appropriated, or misappropriated by any person or User in any manner which would or is likely to violate applicable laws, cause customer confusion, and/or disparage or discredit their owners. Nothing contained on the Website is, or should be construed as, a grant of any license or right to use any Intellectual Property, whether expressly or by implication, estoppel, or otherwise. Misuse of Intellectual Property is strictly prohibited by law and by these Terms of Use, and may result in substantial legal penalties and other liability.

9. DMCA Compliance. The Terms of Use include and incorporate the PreGame Fit DMCA Compliance Notice (“DMCA Notice”) as if fully set forth herein.

10. Privacy Policy. PreGame Fit respects User privacy. PreGame Fit will not disclose, edit or monitor the name or contact information of any User except as reasonably required: (a) by law or to comply with legal process served on PreGame Fit, (b) to comply with the Terms of Use, Disclaimer, Privacy Policy and other Website policies, practices, and procedures, (c) to develop, improve, operate, maintain and debug the Website, including without limitation use of cookies and non-specific User recognition, (d) to fulfill User purchases and orders, and/or (e) to protect and defend the rights, property and personal safety of PreGame Fit, Website, Users or the public.

11. Modification, Termination. Terms of Use and Website policies are subject to change without notice. PreGame Fit will notify Users of significant changes by posting a notice on the Website. Minor changes will be posted or updated in the Terms of Use or relevant Website policy. Users are responsible for monitoring the Terms of Use and other Website policies for changes. Use of the Website indicates the User’s full and complete agreement to the Terms of Use and other Website policies, as enacted and as amended, modified, or restated from time to time, as if the User had signed a written document agreeing to each and all of them. PreGame Fit reserves the sole, exclusive right to change, suspend or terminate the Website, Content, sales and purchase options, and related services at any time and from time to time with or without cause or notice. PreGame Fit is not liable to any User or third party for any change to, suspension or termination of the Website, Content, or related services. PreGame Fit reserves the right to suspend, delete, block out or eliminate Content (including without limitation links) at any time and for any reason, with or without notice. Suspension, deletion, blocking and similar actions may be temporary or permanent at the sole discretion of PreGame Fit. PreGame Fit and Website have no responsibility to provide Users with copies of suspended, deleted, blocked, terminated or eliminated Content. These rights to terminate, delete, modify and restrict access to Content, and to terminate the Website and related services at any time, are vital, non-negotiable parts of these Terms of Use. PreGame Fit assumes no responsibility or liability for deletion of or failure to store Content and/or User information.

12. Third Party Content. EACH USER HEREBY RELEASES PREGAME FIT AND ITS MEMBERS, MANAGERS, OFFICERS, AGENTS, CONTRACTORS, AND EMPLOYEES FROM ANY AND ALL LIABILITY RELATING TO CONTACT, COMMUNICATION, CONTRACTS, AND OTHER RELATIONSHIPS BETWEEN THE USER AND ADVERTISERS OR OTHER THIRD PARTIES NOT OWNED OR CONTROLLED BY PREGAME FIT, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING OUT OF WEBSITE CONTENT, LINKS, GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS MADE BY OR CONNECTED WITH THIRD PARTIES. Users understand and agree that PreGame Fit does not control any websites linked to or from its Website, and that PreGame Fit disclaims all responsibility and liability for or relating to Content created, provided, linked, or posted by third parties. Users accept responsibility for accessing links, and accept all foreseeable and non-foreseeable results of using links or hyperlinks.

13. User Conduct. Users hereby agree: (a) to comply with the laws of the United States and the state of California, including without limitation laws governing the transmission of technical data exported from the United States through the Internet and other electronic media, (b) to comply with all posted policies, procedures, and practices, including without limitation these Terms of Use, (c) not to disrupt, interfere with, “hack” or access the Website, (d) not to use the Website or PreGame Fit’s name for or in connection with chain letters, junk mail or spamming, (e) not to use or assist others in using Content, including without limitation Audiovisual Materials or purchased or downloaded content, in any manner which violates the laws of the United States, other applicable laws, or these Terms of Use, (f) not to create, provide, upload, link, post or transmit any information to or through the Website, and not to use Content, in any manner which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or violates applicable law, and (g) not to intentionally interfere with the operation of the Website or the use and enjoyment of the Website by other Users. PreGame Fit reserves the right to take legal action and obtain legal or equitable remedies against any User who breaches or fails to conform to the Terms of Use.

14. Suggestions. PreGame Fit does not accept or consider unsolicited ideas, suggestions or proposals relating to the operations, organization, publications, activities, or property of PreGame Fit and the Website (collectively “Ideas”). Users understand that: (a) Ideas sent to PreGame Fit or Website will be considered non-proprietary, non-confidential and fully released for use by PreGame Fit and the Website free of costs, royalties, fees, charges, or other compensation, (b) PreGame Fit and Website have no obligation or liability to any User or third party relating to or arising out of the use, nonuse, disclosure, publication, or receipt of Ideas, and (c) PreGame Fit and Website may use Ideas for any purpose, including without limitation commercial uses, free of charge and without liability, restriction or compensation to the submitting User.

15. Acceptance of Risk, Indemnity. Users download, obtain, access, and use Content at the User’s sole discretion, risk, and responsibility. Users accept sole responsibility and liability for any and all injuries and/or damage to persons and property, including without limitation personal injury and/or damage to computers, operating systems, software, networks, servers, Internet service, and data files, resulting from using, accessing, streaming or downloading Content. Users will indemnify PreGame Fit from and against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorneys’ fees, resulting from or arising out of the User’s conduct (including without limitation the decision to access, use or rely upon Content and Audiovisual Materials), and any breach of these Terms of Use by the indemnifying User or persons using the User’s computers or other devices. Use of the Website and related or linked websites and services may result in exposure to Content or information which may be hazardous to some individuals or with which Users may not agree. Users covenant and agree to hold PreGame Fit and Website harmless from and against any claim, loss, damage or other effect (including without limitation personal injury or death) resulting from exposure to the Website or its Content, including without limitation downloadable or purchased Content.

16. DISCLAIMER OF WARRANTIES. USERS AGREE TO USE THE WEBSITE AND CONTENT AT EACH USER’S SOLE RISK AND RESPONSIBILITY. ACCESS TO THE WEBSITE, CONTENT, AND RELATED GOODS AND SERVICES IS PROVIDED ON AN “AS-IS,” “AS-AVAILABLE” BASIS WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PREGAME FIT SPECIFICALLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND MAKE NO WARRANTY OR REPRESENTATION THAT WEBSITE, CONTENT, AND RELATED GOODS AND SERVICES: (A) WILL MEET THE NEEDS OR REQUIREMENTS OF USER OR WILL BE COMPATIBLE WITH ANY USER’S PERSONAL HEALTH AND NEEDS AND/OR THE USER’S HARDWARE, SERVER, SYSTEM, NETWORK, OPERATING SYSTEM, SOFTWARE, INTERNET SERVICE PROVIDER OR OTHER TECHNICAL SPECIFICATIONS, (B) WILL BE ACCURATE, AVAILABLE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (C) WILL PROVIDE OR ENABLE USERS TO ACHIEVE A GIVEN OR DESIRED RESULT, OR (D) WILL BE REPAIRED, UPGRADED, DEBUGGED OR FUNCTION WITHOUT ERROR, MISTAKE OR OMISSION. PREGAME FIT MAKES NO WARRANTY AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR CONTENT, MATERIALS, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR DOWNLOADED FROM WEBSITE OR RESULTING FROM OR ARISING OUT OF WEBSITE CONTENT. THIS DISCLAIMER OF WARRANTIES MAY BE AMENDED OR MODIFIED ONLY BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF PREGAME FIT WHICH SPECIFICALLY STATES THAT IT MODIFIES THESE TERMS OF USE AND MAY NOT BE ALTERED, MODIFIED OR ELIMINATED IN ANY OTHER MANNER, INCLUDING WITHOUT LIMITATION ADVICE, INFORMATION OR TECHNICAL SUPPORT GIVEN OR RECEIVED. EXCLUSIONS, LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS DISCLAIMER OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF INDIVIDUAL USERS MAY VARY BY JURISDICTION.

17. LIMITATION OF LIABILITY. PREGAME FIT AND WEBSITE STAFF DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, INACCURACY, LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AVAILABILITY AND CONTENT OF ANY AND ALL WEBSITE CONTENT. PREGAME FIT DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES AND INJURY (INCLUDING WITHOUT LIMITATION PERSONAL INJURY) ARISING OUT OF, RESULTING FROM OR RELATING TO USERS’ USE OF CONTENT OR THE WEBSITE. PREGAME FIT DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR INJURIES, DAMAGES, ERRORS, AND OMISSIONS, AND FOR SUSPENSION, DELETION, MISDELIVERY OR UNAVAILABILITY OF THE WEBSITE AND WEBSITE CONTENT. PREGAME FIT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF: (A) USE, MISUSE OR LACK OF USE OF WEBSITE OR WEBSITE CONTENT, (B) CONTENT, MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A RESULT OF THE WEBSITE, OR DOWNLOADED FROM THE WEBSITE, (C) MESSAGES SENT, RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO AND ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF AUTHORIZED OR UNAUTHORIZED ACCESS TO THE WEBSITE, (D) WEBSITE CONTENT CREATED, PROVIDED , UPLOADED, DOWNLOADED, LINKED OR POSTED BY USERS OR THIRD PARTIES, OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE OR DAMAGE NOT DIRECTLY CAUSED BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF PREGAME FIT. EACH USER ACCEPTS SOLE RESPONSIBILITY FOR EVALUATING THE APPROPRIATENESS, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT, INFORMATION, OPINION, OR OTHER FACTS AND CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, AND TO CONSULT A PHYSICIAN OR OTHER QUALIFIED PROFESSIONAL PRIOR TO ENGAGING IN OR STARTING ANY EXERCISE OR OTHER HEALTH OR FITNESS REGIME. PLEASE SEEK THE ADVICE OF QUALIFIED PROFESSIONALS TO ASSIST WITH EVALUATING HEALTH-RELATED CONTENT, INFORMATION, OPINIONS, AND ADVICE. EXCLUSIONS AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF USERS MAY VARY BY JURISDICTION.

18. No Other Agreements. These Terms of Use represent the only, final, complete and exclusive understanding between Users and PreGame Fit and supersede any prior or contemporaneous oral or written agreements. Users have no relationship, agreement or rights relating to PreGame Fit, the Website and Content except as expressly stated in the Terms of Use or other posted Website policies. The Terms of Use may be modified only by a written instrument approved in writing or executed by an authorized representative of PreGame Fit which specifically states that it modifies the Terms of Use. Modifications of these Terms of Use posted on the Website are effective when posted and are, by definition, authorized modifications approved in writing by PreGame Fit.

19. Construction, Jurisdiction, Venue. The Terms of Use were written in and will be construed and enforced in accordance with the laws of the State of California. User’s acceptance of the Terms of Use is taking place within the State of California, regardless of the User’s state of residence, to the maximum extent permitted by applicable law. Users agree to submit to the personal jurisdiction of the Federal or state courts located in Sacramento, California for purposes of any legal action commenced under or arising out of the Terms of Use, other Website policies, the Website or use of the Website.

20. Other Terms. Nothing contained in the Terms of Use will be interpreted to require the commission of an illegal act or a violation of applicable law. If any conflict arises between the Terms of Use and any other Website policy and/or applicable law the law will prevail, the relevant provisions of the Terms of Use or Website policy will be deleted, modified or limited to the limited extent necessary to comply with the law and all other provisions of the Terms of Use and/or policy will remain in full force and effect. Notices required by law or these Terms of Use must be made in writing. PreGame Fit and Website may provide valid, effective notice to Users by posting or broadcasting notices on the Website. Notices posted on the Website are deemed given when posted. Failure to enforce any provision of the Terms of Use or any Website policy does not and will not constitute a waiver of the right to enforce the same or any other provision or policy against the same or any other User in any subsequent situation.

21. Acceptance by User. Using the Website constitutes the relevant User’s full and complete agreement to each and every one of the Terms of Use and all other posted Website policies, as initially posted and as modified from time to time, as if User had signed a written document agreeing to them.