Terms and Conditions

INTRODUCTION
Welcome to the MaxxAthlete family of Internet Sites. The company hosts web sites including MaxxAthlete.com, MaxxAthleteVB.com and MaxxInsight.com.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using a MaxxAthlete.com Site, you signify your agreement to these terms of use. If you do not agree to these terms of use please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this MaxxAthlete.com Site following the posting of changes to these terms will mean you accept those changes.

FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, or e-mail function offered as part of any MaxxAthlete.com Site. If you participate in any Forum within a MaxxAthlete.com Site, you must not: abuse, harass or threaten others; make any bigoted, hateful or racially offensive statements; advocate illegal activity or discuss illegal activities with the intent to commit them; post or distribute any material that infringes and/or violates any right of a third party or any law; post or distribute any vulgar, obscene, discourteous or indecent language or images; advertise or sell to, or solicit others; use the Forum for commercial purposes of any kind; post or distribute any software or other materials which contain a virus or other harmful component; or post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

We reserve the right to remove or edit content from any Forum at any time and for any reason.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed anywhere. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

When participating in a Forum, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.

Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people that you do not know. While MaxxAthlete.com strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

CONTENT LINKS TO or FROM ANY MAXXATHLETE.COM SITE
Please exercise discretion while browsing the Internet using any MaxxAthlete.com Site. You should be aware that when you are on a MaxxAthlete.com Site, you could be directed to other sites that are beyond our control. There are links to other sites from MaxxAthlete.com pages that take you outside of our service. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the MaxxAthlete.com Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on MaxxAthlete.com Sites may send cookies to users that we do not control.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any MaxxAthlete.com Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any MaxxAthlete.com Site or third party content on our sites. We have not taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

We reserve the right to disable links from third party sites to any MaxxAthlete.com Site.


DISCLAIMER
THE MATERIALS IN THIS MAXXATHLETE.COM SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY MAXXATHLETE.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY MAXXATHLETE.COM SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY MAXXATHLETE.COM SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

CREDIT CARDS
MaxxAthlete.com takes the issue of your privacy seriously, including the security of your credit card information. For more information, please read our Privacy Policy and Security Information.

SUBSCRIPTIONS/BILLING
If you open a subscription based account with any of our sites, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason.

Please Note: Your Subscription will be automatically renewed and your credit card account will be charged per the annual billing cycle of your subscription unless you cancel the subscription prior to the renewal date. You may review your account by contacting us during business hours via telephone at 703-803-3147.

The renewal charge shall be equal to the original signup price, unless otherwise notified in advance. When you request termination, there is no refund for any unused portion of the current subscription. You acknowledge and agree that the authorization to charge your credit card for services shall automatically transfer to any successors or assigns of MaxxAthlete.com for substantially similar services at the same or similar website. You may not assign or transfer your subscription to any other person or entity.

Access to and use of the Subscription Membership is through a combination of User Name and a password. You must keep your password strictly confidential. You may access your account personally from multiple computers, but sharing of account passwords with other persons is a violation of this agreement and may result in account termination.

Your right to use the Service is subject to any limits established by MaxxAthlete.com or by credit card issuer of the customer. If payment cannot be charged to your credit card or the charge is returned for any reason, including chargeback, MaxxAthlete.com may suspend or terminate your access and account, thereby terminating this Agreement and all obligations of MaxxAthlete.com hereunder.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored on the MaxxAthlete.com) you should notify MaxxAthlete.com immediately of the problem to avoid possible liability for any unauthorized charges to your account.

INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MAXXATHLETE.COM SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY MAXXATHLETE.COM SITE.

RESTRICTIONS ON USE OF MATERIALS
All site-specific materials, trademarks, service marks, and trade names contained in any MaxxAthlete.com Site are the copyrighted property of that site, or its subsidiaries or affiliated companies and/or third party licensors. All other materials, trademarks, service marks, and trade names are proprietary to MaxxAthlete.com or its affiliates. No material from any MaxxAthlete.com Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials for your personal, non-commercial use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any MaxxAthlete.com Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited.

TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all MaxxAthlete.com Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to any and all MaxxAthlete.com Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms.

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