Terms

ACCELERATE SPORTS PERFORMANCE, LLC
TERMS OF USE

Last Modified: July 1, 2016
Acceptance of the Terms of Use
Welcome to the user agreement for the website of Accelerate Sports Performance, LLC, a California limited liability company (“Accelerate Sports Performance,” “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.acceleratesp.com, including any content, functionality and services offered on or through www.acceleratesp.com (the “Site”), any mobile websites, applications, widgets and other mobile interactive features, our official social media pages that we control, and any HTML-formatted email messages that we send to you (collectively the “Accelerate Sports Performance Services”), whether as a guest or a registered user. All information we collect from you is subject to our Privacy Policy, which can be accessed here, and is incorporated herein by reference.
Please read these Terms of Use carefully before you start to use the Accelerate Sports Performance Services. BY USING THE ACCELERATE SPORTS PERFORMANCE SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY AND YOU CONSENT TO ALL ACTIONS TAKEN BY US WITH RESPECT TO YOUR INFORMATION IN COMPLIANCE WITH THE PRIVACY POLICY. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Accelerate Sports Performance Services.
The Accelerate Sports Performance Services are offered and available to users who are 18 years of age or older. By using the Accelerate Sports Performance Services, you represent and warrant that you are of legal age to form a binding contract with Accelerate Sports Performance and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, or if you cease for any reason to meet any of these requirements, you must not access or use the Accelerate Sports Performance Services. Individuals under the age of 18 may use the Accelerate Sports Performance Services only with the involvement of a parent or legal guardian, under such person’s supervision and account, and otherwise subject to these Terms of Use. If you are under the age of 18, your parent or guardian may be required to sign a Parental/Guardian Consent for you to use certain Accelerate Sports Performance Services, and certain other Accelerate Sports Performance Services may be unavailable to you. You are permitted to access the Accelerate Sports Performance Services only if you are legally permitted to do so via the laws of your jurisdiction, including laws regarding minimum age requirements.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Accelerate Sports Performance Services thereafter.
Your continued use of the Accelerate Sports Performance Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Accelerate Sports Performance Services; Account Security
We reserve the right to withdraw or amend the Accelerate Sports Performance Services, and any service or material we provide as part of the Accelerate Sports Performance Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Accelerate Sports Performance Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Accelerate Sports Performance Services, or the entirety of the Accelerate Sports Performance Services, to users, including registered users.
You are responsible for:
·    Making all arrangements necessary for you to have access to the Accelerate Sports Performance Services.
·    Ensuring that all persons who access the Accelerate Sports Performance Services through your Internet connection are aware of these Terms of Use and comply with them.

To access the Accelerate Sports Performance Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Accelerate Sports Performance Services that all such information you provide to us is correct, current and complete.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Accelerate Sports Performance Services, or portions of them, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, and to terminate or otherwise restrict your use of the Accelerate Sports Performance Services, without compensation or notice, at any time if, in our opinion, you have violated any provision of these Terms of Use or you are engaged in illegal or improper use of the Accelerate Sports Performance Services.
Use of the Accelerate Sports Performance Facility
The Accelerate Sports Performance Services described herein do not include use of, membership in, or access to any Accelerate Sports Performance fitness center (the “Facility”). Use of, membership in and access to any Facility shall be governed by a separate membership agreement, which includes a waiver and release of liability. In addition, each Facility may have its own additional rules and regulations, which you will be required to comply with.
Nature of the Services.
The Accelerate Sports Performance Services provide users with guidance and information regarding their nutrition and fitness. ACCELERATE SPORTS PERFORMANCE IS NOT A MEDICAL ORGANIZATION, AND YOU SHOULD NOT RELY ON ANY INFORMATION CONTAINED WITHIN THE ACCELERATE SPORTS PERFORMANCE SERVICES AS A SUBSTITUTE FOR, NOR DO THE ACCELERATE SPORTS PERFORMANCE SERVICES REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING A NEW FITNESS OR NUTRITIONAL PROGRAM. Any information contained within the Accelerate Sports Performance Services, including information that is tailored to individual users, such as athletic movement screenings, should not be misconstrued as medical advice, diagnoses or treatment.  IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. THE USE OF ANY INFORMATION OR PROGRAMS PROVIDED AS PART OF THE ACCELERATE SPORTS PERFORMANCE SERVICES IS SOLELY AT YOUR OWN RISK.
You should be aware that there are inherent physical and mental health risks to exercise and change in diet, including risk of injury or illness. By accessing the Accelerate Sports Performance Services, you acknowledge and agree that your performance of any and all exercises or activities, and any changes to your diet, recommended by the Accelerate Sports Performance Services is wholly at your own risk. Accelerate Sports Performance shall not be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from workout plans or exercises contained within the Accelerate Sports Performance Services. While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities properly and safely.
Content You Share with Us.
Use of the Accelerate Sports Performance’s Services requires that you provide us with certain of your personal information, which will be accessed by us and may be accessed by certain of our partners and service provides. This may include your name, date of birth, height, weight, contact information, gender, emergency contact information, payment information and fitness objectives. We may also collect information relating to your health and fitness history, injury history, fitness assessments and progress reports.
We may also, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to us textual, audio and/or visual content and information, including reviews and feedback related to the Site or initiation of support requests (“User Content”).  Any User Content provided by you remains your property.
You agree that all information you provide to us in connection with your use of the Accelerate Sports Performance Services or otherwise, including but not limited to the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
By providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Accelerate Sports Performance Services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law.  We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.
Pricing and Product and Service Information
Prices and availability of products and services offered by Accelerate Sports Performance are subject to change without notice. While we attempt to be as accurate as possible, it does not guarantee the accuracy of the descriptions of the Accelerate Sports Performance Services. Accelerate Sports Performance reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including without limitation information related to text, pricing, availability and product and service descriptions) at any time without notice. In the event that an item is listed at an incorrect price or with incorrect information, Accelerate Sports Performance shall have the right, in its sole discretion, to refuse or cancel any purchased orders placed for that item. Any necessary refunds will be issued for any such cancelled orders.
Payment for Products or Services
Any payment terms presented to you in the process of using or signing up for a paid service through our Site are deemed part of these Terms of Use.
We use third-party payment processors to bill you for our paid services through a payment account. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processors in addition to these Terms of Use. We are not responsible for errors made by the payment processor. By choosing to use our paid services, you agree to pay to us, through the payment processor, all charges at the prices then in effect. We reserve the right to correct any errors or mistakes that our payment processor makes even if it has already requested or received payment.
Additional terms applicable to your payment may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, through our payment processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.
Some of our paid services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such paid services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT  TO TERMINATE YOUR AUTHORIZATION, AND TERMINATION OF RECURRING PAYMENTS WILL BE EFFECTIVE 30 DAYS AFTER WE RECEIVE NOTICE FROM YOU. YOU ARE RESPONSIBLE FOR ALL PERIODIC CHARGES (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED BEFORE THE EFFECTIVE DATE OF YOUR CANCELLATION. WE WILL NOT PRORATE THE AMOUNT OF YOUR PERIODIC PAYMENTS.
You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. notification should be given at [info@acceleratesp.com].  If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
Your non-termination or continued use of a paid service reaffirms that we are authorized to charge your payment method for that paid service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use one of our paid services.
Any free trial or other promotion that provides access to a paid service must be used within the specified time of the trial. You must cancel and stop using a paid service before the end of the trial period in order to avoid being charged. If you cancel prior to the end of the trial period and are inadvertently charged for a paid service, please contact us at [info@acceleratesp.com]
We may periodically send you promotional communications about Accelerate Sports Performance even after you discontinue making payments to us, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Recurring payment obligations may be suspended upon your request and at our sole discretion if you become injured or are traveling away from the San Francisco Bay Area for a period of 45 days or longer. If we have granted your request to suspend your account you will not be able to access the Accelerate Sports Performance Services until we receive notice from you to that you would like for periodic payments to resume.
Discounted Trials
From time to time, to the extent legally permitted, we may offer free or discounted trials for selected products or services. We reserve the right to determine if you are eligible for a free or discounted trial and to discontinue any free or discounted trial without notice for any or no reason.
ONCE YOUR FREE OR DISCOUNTED TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE OR DISCOUNTED TRIAL. INSTRUCTIONS FOR CANCELLING YOUR SUBSCRIPTION ARE DESCRIBED ABOVE UNDER THE HEADING “PAYMENT FOR PRODUCTS OR SERVICES.” PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN.
Shipping
When you place an order for any of our products, we will ship the products to the address designated by you. Risk of loss and title for any products pass to you upon delivery of the products to our shipping/transportation partner. You are responsible for filing any claims with our shipping/transportation partner for damaged or lost shipments.
Termination By Us
We may terminate your access to all or any part of the Accelerate Sports Performance Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination, you agree that you shall no longer access (or attempt to access) the Accelerate Sports Performance Services. If you wish to terminate your account, you may do so by contacting us at [info@acceleratesp.com].  Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of user content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Intellectual Property Rights
The Accelerate Sports Performance Services, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Accelerate Sports Performance, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree that you will not use such proprietary information or materials in any way whatsoever except in compliance with these Terms of Use.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Accelerate Sports Performance Services for any public and/or commercial use without the prior written permission of Accelerate Sports Performance.
You must not:
·    Modify copies of any materials from the Accelerate Sports Performance Services.
·    Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
·    Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Accelerate Sports Performance Services.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of any of the Accelerate Sports Performance Services in breach of these Terms of Use, your right to use the Accelerate Sports Performance Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Accelerate Sports Performance Services, or any content on the Site, is transferred to you, and all rights not expressly granted are reserved by Accelerate Sports Performance. Any use of the Accelerate Sports Performance Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The Accelerate Sports Performance name, Accelerate Sports Performance logo, and all related names, logos, product and service names, designs and slogans are trademarks of Accelerate Sports Performance or its affiliates or licensors. You must not use such marks in any manner whatsoever without the prior written permission of Accelerate Sports Performance. All other names, logos, product and service names, designs and slogans used in the Accelerate Sports Performance Services are the trademarks of their respective owners.
Prohibited Uses
You may use the Accelerate Sports Performance Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Accelerate Sports Performance Services:
·    In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
·    For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
·    To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letters,” “spam” or any other similar solicitation.
·    To impersonate or attempt to impersonate Accelerate Sports Performance, a Accelerate Sports Performance employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
·    To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Accelerate Sports Performance Services, or which, as determined by us, may harm Accelerate Sports Performance or its users or expose them to liability.
Additionally, you agree not to:
·    Use the Accelerate Sports Performance Services in any manner that could disable, overburden, damage, or impair the Accelerate Sports Performance Services or interfere with any other party’s use of the Accelerate Sports Performance Services, including their ability to engage in real time activities through the Site.
·    Use any robot, spider or other automatic device, process or means or any manual process to access the Accelerate Sports Performance Services for any purpose, including monitoring or copying any of the material on the Site.
·    Use any device, software or routine that interferes with the proper working of the Accelerate Sports Performance Services.
·    Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
·    Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Accelerate Sports Performance Services, the servers on which the Accelerate Sports Performance Services are stored, or any server, computer or database connected to the Accelerate Sports Performance Services.
·    Attack the Accelerate Sports Performance Services via a denial-of-service attack or a distributed denial-of-service attack.
·    Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Accelerate Sports Performance Services, or any other customer of Accelerate Sports Performance, to its source, or exploit the Accelerate Sports Performance Services or any service or information made available or offered by or through the Accelerate Sports Performance Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided by the Accelerate Sports Performance Services.
·    Otherwise attempt to interfere with the proper working of the Accelerate Sports Performance Services.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Accelerate Sports Performance Services infringe your copyright, you may request removal of those materials (or access thereto) from the Accelerate Sports Performance Services by submitting written notification to us at [info@acceleratesp.com].  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
·    Your physical or electronic signature.
·    Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Accelerate Sports Performance Services, a representative list of such works.
·    Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
·    Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
·    A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
·    A statement that the information in the written notice is accurate.
·    A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.  Please be aware that if you knowingly materially misrepresent that material or activity within the Accelerate Sports Performance Services is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.
Changes to the Accelerate Sports Performance Services
Although we may update the Accelerate Sports Performance Services content from time to time, such content is not necessarily complete or up-to-date. Any Accelerate Sports Performance Services content may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Site and Social Media Features
You may link to the Accelerate Sports Performance Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Accelerate Sports Performance Services may include certain social media features that enable you to:
•    Link from your own or certain third-party websites or mobile applications to certain Accelerate Sports Performance Services content;
•    Send e-mails or other communications with certain content, or links to certain content, within the Accelerate Sports Performance Services;
•    Cause limited portions of Accelerate Sports Performance Services content to be displayed or appear to be displayed on your own or certain third-party websites.
•    Log into your account on our Site using credentials from a third party social media websites or mobile applications

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
·    Cause the Accelerate Sports Performance Services, or portions of them, to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website or mobile application.
·    Otherwise take any action with respect to the Accelerate Sports Performance Services that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Accelerate Sports Performance Services
If the Accelerate Sports Performance Services contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Accelerate Sports Performance Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
Accelerate Sports Performance, LLC, the owner of the Accelerate Sports Performance Services, is domiciled in the State of California in the United States. We make no claims that the Accelerate Sports Performance Services or any of their content is accessible or appropriate outside of the United States. If you access the Accelerate Sports Performance Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet, including the Accelerate Sports Performance Services, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ACCELERATE SPORTS PERFORMANCE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ACCELERATE SPORTS PERFORMANCE SERVICES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED WITHIN THE ACCELERATE SPORTS PERFORMANCE SERVICES, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE ACCELERATE SPORTS PERFORMANCE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ACCELERATE SPORTS PERFORMANCE SERVICES IS AT YOUR OWN RISK. THE ACCELERATE SPORTS PERFORMANCE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ACCELERATE SPORTS PERFORMANCE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ACCELERATE SPORTS PERFORMANCE NOR ANY PERSON ASSOCIATED WITH ACCELERATE SPORTS PERFORMANCE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE ACCELERATE SPORTS PERFORMANCE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ACCELERATE SPORTS PERFORMANCE NOR ANYONE ASSOCIATED WITH ACCELERATE SPORTS PERFORMANCE REPRESENTS OR WARRANTS THAT THE ACCELERATE SPORTS PERFORMANCE SERVICES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ACCELERATE SPORTS PERFORMANCE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE ACCELERATE SPORTS PERFORMANCE SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ACCELERATE SPORTS PERFORMANCE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ACCELERATE SPORTS PERFORMANCE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCELERATE SPORTS PERFORMANCE WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR USE OF THE ACCELERATE SPORTS PERFORMANCE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR OWN RISK, AND ACCELERATE SPORTS PERFORMANCE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
ACCELERATE SPORTS PERFORMANCE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL ACCELERATE SPORTS PERFORMANCE OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO ANY USER OR THIRD PARTY FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, THE ACCELERATE SPORTS PERFORMANCE SERVICES, ANY THIRD-PARTY WEBSITES LINKED TO THE ACCELERATE SPORTS PERFORMANCE SERVICES, ANY CONTENT ON THE ACCELERATE SPORTS PERFORMANCE SERVICES, OR SUCH OTHER THIRD-PARTY WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ACCELERATE SPORTS PERFORMANCE SERVICES, OR SUCH OTHER THIRD-PARTY WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE.  EXCEPT AS OTHERWISE PROVIDED HEREIN, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ACCELERATE SPORTS PERFORMANCE AND ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT YOU HAVE PAID TO ACCELERATE SPORTS PERFORMANCE IN THE LAST 12 MONTHS FOR ANY OF THE PRODUCTS OR SERVICES OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
By using the Accelerate Sports Performance Services, you agree to defend, indemnify and hold harmless Accelerate Sports Performance, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms of Use or your use of the Accelerate Sports Performance Services, including, but not limited to, any use of any of the Accelerate Sports Performance Services’ content, information, services and products, if any, other than as expressly authorized in these Terms of Use.
Governing Law and Arbitration
All matters relating to the Accelerate Sports Performance Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California in the United States without giving effect to any choice or conflict of law provision or rule.
ANY DISPUTE, CLAIM OR CONTROVERSY RELATING IN ANY WAY TO YOUR USE OF THE ACCELERATE SPORTS PERFORMANCE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU AGREE THAT, BY AGREEING TO THESE TERMS OF USE, THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT AND THAT YOU AND ACCELERATE SPORTS PERFORMANCE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS OF USE. ANY SMALL CLAIMS ACTION MUST BE FILED IN CALIFORNIA SUPERIOR COURT. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY THIS COURT AND TO VENUE IN THIS COURT.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
If you elect to seek arbitration or file a small claims court action, you must first send to Accelerate Sports Performance, by certified mail, a written notice of your claim (a “Notice”). The Notice to Accelerate Sports Performance must be addressed to:  Accelerate Sports Performance, LLC, 2215 Powell Street, San Francisco CA 94133 (the “Notice Address”). If Accelerate Sports Performance initiates arbitration, it will send a written Notice to the email address used for your account, if any. A Notice, whether sent by you or Accelerate Sports Performance, must (a) describe the nature and basis of the dispute, claim or controversy; and (b) set forth the specific relief sought (the “Demand”). If Accelerate Sports Performance and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Accelerate Sports Performance may commence an arbitration proceeding or file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. In the event of a conflict or inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall govern. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. The arbitrator must follow the terms of these Terms of Use as a court would and must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
YOU AND ACCELERATE SPORTS PERFORMANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND ACCELERATE SPORTS PERFORMANCE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS WITH YOUR CLAIMS. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Network Access and Devices
You are responsible for obtaining the internet access necessary to use the Accelerate Sports Performance Services. You are also responsible for acquiring and updating compatible hardware or devices necessary to access and use the Accelerate Sports Performance Services, and any updates thereto.  We do not guarantee that the Accelerate Sports Performance Services, or any portion thereof, will function on any particular hardware or devices.  In addition, the Accelerate Sports Performance Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE ACCELERATE SPORTS PERFORMANCE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Accelerate Sports Performance of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Accelerate Sports Performance to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, and the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Accelerate Sports Performance, Inc. with respect to the Accelerate Sports Performance Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Accelerate Sports Performance Services.