TERMS AND CONDITIONS OF USE
THE BIRDBOXCOACHINGDEVELOPMENT.COM WEBSITE, INCLUDING ITS SUBSITES (TYPICALLY ANY WEB PAGES WHICH START IN BIRDBOX “” .COM) THAT DISPLAY THESE TERMS, AND ALL SOFTWARE, PRODUCTS, APPLICATIONS, MOBILE SITES, FEATURES AND SERVICES MADE AVAILABLE, DISPLAYED OR OFFERED BY OR THROUGH OUR WEB SITE OR SUBSITES (COLLECTIVELY, THIS “SITE“) IS OWNED AND OPERATED BY OR ON BEHALF OF BIRDBOX T/A GYMPROG LLC., REGISTERED AT 8 THE GRN STE A, DOVER, DE, 19901 (“BIRDBOX“).
II. Registration and Eligibility
When you are required to open an account to use or access this Site or any of its features or services, you will also be asked to provide a user name and password. You agree that we may store and use any registration data, including your user name and password, you provide for use in maintaining your account. You are entirely responsible for maintaining the confidentiality and security of your password and account. You may not use the account, username, or password of someone else at any time. You agree to notify BirdBox immediately of any unauthorized use of your account, user name, or password (collectively, a “User ID“). BirdBox shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by BirdBox, its subsidiaries, entities owned, related to or controlled by BirdBox, officers, directors, employees, consultants, staff, agents, and representatives due to someone else’s use of your account or password. BirdBox reserves the right to refuse registration of, or cancel a User ID, in its sole discretion. You may not sell or transfer your account, or otherwise allow any third party to use your account for any purpose.
IV. Medical Disclaimer
You expressly acknowledge and agree that BirdBox and this Site do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice or a medical examination. The content of this Site may contain general information relating to certain medical conditions and their treatment. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a physician or other medical provider. You should not use the information provided on this Site for diagnosing a health problem or disease. Prior to participating in any program, workout, training, course, activity, exercise, diet, or use of any product, program, workout, exercise or treatment discussed on this Site, or if you have any questions regarding a medical condition, seek the advice of your physician and other qualified health-care professionals. You understand that the exercises and programs discussed on this Site can be strenuous and should be scaled or done in moderation.
There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with BirdBox or this Site are at your sole discretion and risk.
Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. BirdBox does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by BirdBox, BirdBox employees or staff, others appearing on the Site at the invitation of BirdBox, or other visitors to the Site is solely at your own risk.
V. Use of Site; Limited License
VI. Links to and from this Site
Unless otherwise notified by us, you are free to link to this Site so long as you make it clear that (a) the linked content belongs to BirdBox; (b) such content is not your own; and (c) the originating website makes no claim of owning, being related to or owned or controlled by, being under common control with, or sanctioned by, approved by, or endorsed by, BirdBox.
This Site may contain links or references to other websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Such third party sites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through this Site or any third party content posted on or available through this Site, including the content, accuracy, advice, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party content. Inclusion of, linking to or permitting the use of any third party site or any third party content does not imply approval or endorsement thereof by BirdBox. If you decide to leave this Site and access the third party sites or to access or use any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from this Site or relating to any applications you use or install from this Site.
VII. Unsolicited Submissions
BirdBox welcomes your participation and contributions to its online forums and discussions, including your feedback and comments on your experiences with the BirdBox program, and BirdBox events, activities, competitions, certificate courses, seminars and workouts. But CrossFit’s policy is not to, and neither BirdBox nor any of its employees will, accept or consider unsolicited ideas, suggestions and other material. This is to avoid the possibility of future misunderstandings arising if BirdBox develops or implements or uses a program, product, equipment, service, feature, workout, software, application or tool that seems to be similar to your own ideas or creative work. If you do submit any feedback, comments, ideas, suggestions, concepts, workouts, marketing plans, names for new events, or material (collectively, “Submissions“) to BirdBox, including any Submissions that we have asked you not to submit to us, then regardless of what your Submission and any accompanying correspondence might say, by submitting your Submission you acknowledge and agree that:
- At the moment you submit your Submission to BirdBox, you are automatically and irrevocably assigning your Submission and all rights to it to BirdBox, and BirdBox will have no obligations to you in relation to your Submission;
- In the event that your Submission is not assignable, you hereby acknowledge and agree that, from the moment you submit your Submission to BirdBox, you grant BirdBox and its designees a worldwide, perpetual, irrevocable, sublicensable, transferable, assignable, non-exclusive and royalty free right and license to reproduce, publish, distribute, prepare derivative works from, display, perform, modify, adapt, broadcast, license, sell, offer for sale, translate, make, have made, import and otherwise use, any Submission, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to you, including sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by BirdBox and/or its licensee(s) of any Submission violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for the material or ideas set forth therein;
3. Your Submission will not contain any proprietary or confidential information;
4. BirdBox is under no obligation to keep your Submission confidential or to otherwise protect your Submission;
5. BirdBox may already be considering or developing a similar idea, program, concept, product, service, feature, movement, workout, software, application or tool; and
6. We shall determine, in our sole discretion, whether materials you submit to us or to the Site are classified as Submissions or User Content.
SOFTWARE AND APPLICATIONS AVAILABLE ON THIS SITE
Any software or application that is made available via this Site (“Software“) is the
THIRD PARTY PROVIDERS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
VIII. User Content
By submitting, posting, uploading, displaying, performing, transmitting, or otherwise distributing information, including workout, nutrition, gym and biographical information, messages, notes, text, listings, videos, pictures, graphics, drawings, audio, music and sound, text, data, communications or other content (“User Content“), to this Site, you authorize BirdBox to treat any User Content as non-confidential and non-proprietary. You retain all of your rights in User Content you post to our Site. However, from the time of uploading or submission of the User Content, you grant BirdBox, its subsidiaries, entities owned, related to or controlled by BirdBox, officers, directors, employees, staff, consultants, agents, and representatives, a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicenseable and freely transferable right and license to reproduce, publish, distribute, prepare derivative works from, display, perform, modify, adapt, broadcast, license, sell, translate, and otherwise use User Content, in whole or in part, including, without limitation, in connection with the operation, promotion, marketing, and advertising of the business, products, programs, events, competitions and services of BirdBox, including the exploitation thereof, in each case in any media formats and through any means or methods whether now known or hereafter discovered. You agree that BirdBox may so exploit your User Content without compensation or credit to you, including by sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by BirdBox and/or its third party providers or sublicensees of any User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for the material or ideas set forth therein. You agree that BirdBox may publish or otherwise disclose your name, age and other information provided by you in connection with your BirdBox ID or event registration User Content.
You are in the best position to know if the User Content you submit to this Site is legally allowed. You agree that you shall not upload or otherwise transmit on or through the Site any Content that is subject to any third-party rights. By posting User Content on this Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, upload, distribute, display, perform, transmit, or otherwise use User Content, and to license and permit BirdBox to exploit the User Content as described above, and that BirdBox exploitation of the User Content as described above will not violate any rights of or require any compensation to any third party.
You are solely responsible for the User Content, and any other content, material or data that you upload, publish or display on or through this Site, or transmit to or share with others. You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agree that BirdBox may, but is not obligated to, review this Site and may delete, edit, refuse to post or remove (without notice) any Site content
BirdBox does not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content. BirdBox makes no representations concerning and is under no obligation to prevent, the downloading, distribution, linking to, or re-posting of your User Content by third parties, including by or through search engines. You expressly waive any and all claims you may have against BirdBox and release BirdBox from any and all liability arising from or related to the User Content, including any exploitation of the User Content by a third party, whether or not authorized by BirdBox.
Reporting Violations of Your Copyrights or other Intellectual Property Rights
We will respond to notices of alleged copyright or other intellectual property infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. In addition, you agree that, in the event we receive a written demand from a third party alleging that any User Content infringes upon, dilutes, tarnishes or otherwise violates its trademark or trade secret rights, we may in our sole discretion, remove or disable access to such User Content.
If you are a copyright owner, or an agent thereof, and believe that any of the content on this Site infringes upon your copyrights or other intellectual property right, pursuant to the DMCA, you may submit a notification by providing our Copyright Agent (contact information below) with the following information:
- A physical or electronic signature of the copyright, or other intellectual property right, owner (or someone authorized to act on behalf of the owner);
- Identification of the protected work and intellectual property right (i.e., copyright or trademark) claimed to have been infringed, or, if multiple protected works are covered by a single notification, a representative list of such works;
- Identification and location of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit BirdBox to locate the material;
- Information reasonably sufficient to permit BirdBox to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the intellectual property right owner of the right that is allegedly infringed.
You acknowledge that if you fail to comply with the procedures provided in this subsection for reporting a claimed copyright infringement, your notice may not be valid under the DMCA. See 17 U.S.C. 512(c)(3) for further details.
With respect to content that was taken down due to a copyright infringement claim, if you believe that your content that was removed (or access was disabled to) is not copyright infringing, or that you have authorization from the rightful copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the allegedly infringing material in your posted content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification or description of the material that has been removed or to which access has been disabled and the original location where the material appeared before it was removed or disabled;
- A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material removed or disabled; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the U.S. District Court for the District of Dover in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, BirdBox may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the material provider, member or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BirdBox’s sole discretion. See 17 U.S.C. 512(g)(3) for further details.
Our designated Copyright Agent (the “Copyright Agent“) will receive notifications of claimed infringement and counter-notices at 8 The GRN STE A, DOVER, DE, 19901 or via email at [email protected],com.
In an effort to protect the rights of intellectual property owners, we maintain a policy for the termination, in appropriate circumstances, of user accounts of this Site who repeatedly infringe the copyright and other intellectual property rights of others.
” BirdBox “, “BirdBox Coaching” “BirdBox Coaching Development”
The Bird logo and the blue bar logo, slogans, tag lines, designs, page headers, button icons, scripts and service names are the trademarks, service marks, trade names or trade dress of BirdBox in the U.S. and other countries. Unless expressly authorized by BirdBox in writing, you may not use BirdBox trademarks and trade dress, including as part of trademarks, business names, doing business as names and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that BirdBox endorses any product or service. You may not reproduce or use BirdBox’s trademarks or trade dress without the prior written permission of BirdBox. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, trade names, trade dress, service marks, taglines, or logos owned or licensed by BirdBox or by any third party.
X. Copyright and Content
XI. Use of Public Forums and Inappropriate Content
BirdBox offers and maintains certain discussion boards, user forums and other places where the BirdBox user community can post questions and share information, ideas, workouts, comments or advice. You agree that you will not upload or transmit any User Content of any type to any Public Forums of this Site (including, without limitation, message boards, blogs, vlogs, bulletin boards, list serves, wiki’s or other open forums made available through our Site) (a “Public Forum“) that infringe or violate any rights of any party. By submitting any User Content to the Public Forums, you agree that such User Content is non-confidential for all purposes. If you use a Public Forum on this Site, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found on our Site. BirdBox and any party involved in creating, producing, delivering or maintaining this Site are not responsible for the consequences of any communications in the Public Forums. We expressly disclaim responsibility for and liabilities resulting from, any information or communications from and between users of the Public Forums. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency and BirdBox immediately.
You agree not to (including not facilitating or assisting), directly or indirectly, upload, download, link, stream, display, perform, promote, advertise, transmit, or otherwise distribute any content that:
(a) is libelous, defamatory, obscene, pornographic, abusive, threatening, unlawful, fraudulent, harmful, harassing, tortious, vulgar, that may be invasive or in violation of another’s right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable as determined by us in our sole discretion;
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, provincial, national or foreign law or regulation;
(c) advertises or otherwise solicits funds or is a solicitation for goods or services;
(d) distributes or facilitates the distribution of viruses, corrupted data, trojan horses, bots, keystroke loggers, worms, time bombs, cancelbots or other computer programming routines or computer code that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, obtain unauthorized access to, scrape or expropriate any system, software, data or personal information;
(e) adversely affects the availability of Site resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text) or excessively large embedded images);
(g) creates a false identity for the purpose of misleading others, to be determined in our sole discretion;
(h) transmits or facilitates the transmission of any content to an e-mail address, messenger-feature address or other location that is not yours or to which you do not have the expressly authorized right to use without securing the prior authorization of the owner or licensor of such other address or other location; and
(i) transmits or facilitates the transmission of any User Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary, statutory, common law or other rights of any party.
XII. Other Prohibited Uses
You are prohibited from violating or attempting to violate, and agree not to violate or attempt to violate, any security features of this Site, including, without limitation:
(a) accessing or attempting to access any content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with service to any user, host or network;
(d) using this Site to send unsolicited e-mail or other communications, including, without limitation, promotions or advertisements for products or services;
(e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by BirdBox in providing this Site; and
(f) imposing (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
Any violation of system or network security may subject you to civil and/or criminal liability.
XIII. Alleged Violations (Termination)
XIV. No Warranties
BIRDBOX AND CROSSFIT’S RELATED ENTITIES AND SUBSIDIARIES, INCLUDING ENTITIES IT OWNS, CONTROLS OR IS UNDER COMMON CONTROL WITH, CROSSFIT’S THIRD PARTY PROVIDERS, ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT, SOFTWARE OR SERVICES CONTAINED ON THE SITE, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE ” BIRDBOX PARTIES“) HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE BIRDBOX PARTIES ARE MAKING THIS SITE (INCLUDING WITHOUT LIMITATION, THIS SITE’S CONTENT AND ANY SOFTWARE) AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CROSSFIT
PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE BIRDBOX PARTIES DO NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED, SECURE, BUG-FREE OR ERROR-FREE; NOR DO THE BIRDBOX PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.
SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS “NO WARRANTIES” SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
RELATED WEBSITES, INCLUDING WWW.CROSSFITGAMES.COM), INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, DISABILITY, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, TO THE EXTENT PERMITTED BY LAW; OR (VI) ANY ERRORS IN ANY MATERIALS ASSOCIATED WITH THE COMPETITION. BIRDBOX RESERVES THE RIGHT TO CANCEL, SUSPEND AND/OR MODIFY THE COMPETITION IF ANY PROBLEM CORRUPTS THE ADMINISTRATION, SECURITY, OR OPERATION OF THE COMPETITION, AS DETERMINED BY BIRDBOX IN ITS SOLE DISCRETION. BIRDBOX RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL, GROUP, ORGANIZATION OR TEAM IT FINDS TO BE TAMPERING WITH THE ENTRY, REGISTRATION, SUBMISSION OR VOTING PROCESS OR THE OPERATION OF THE COMPETITION OR TO BE ACTING IN VIOLATION OF CROSSFIT’S RULES OR IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, BIRDBOX RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. CROSSFIT’S FAILURE TO ENFORCE ANY TERM OF CROSSFIT’S RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
THE BIRDBOX PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ABUSIVE, THREATENING, UNLAWFUL, FRAUDULENT, HARMFUL, HARASSING, TORTIOUS, VULGAR, HATEFUL, RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE OR OFFENSIVE POSTING OR CONDUCT, ON THIS SITE BY ANYONE OTHER THAN AUTHORIZED BIRDBOX EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE BIRDBOX PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE
THROUGH THIS SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
BIRDBOX DOES NOT ENDORSE, WARRANT OR GUARANTY ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SITE AND BIRDBOX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
XV. Accuracy & Completeness
Due to constant advances in technology, strength and conditioning programs, and medicine, the possibility of typographical error, unexpected scheduling changes of meetings, events, certificate courses, seminars, contests, demonstrations, competitions and educational opportunities posted on this Site, and the wide variety of authors contributing to this Site, readers are encouraged to confirm the information contained herein with other sources. Corrections and additions will be made only as allowed by the availability of time and resources. The accuracy and timeliness of the information on this Site cannot be guaranteed.
YOU ACKNOWLEDGE AND AGREE THAT BIRDBOX DOES NOT, AS A PRACTICE, MONITOR THE ACCURACY OR RELIABILITY OF CONTENT ON THIS SITE, NOR WILL WE HAVE ANY OBLIGATION OR LIABILITY TO DO SO. ALTHOUGH CARE HAS BEEN TAKEN IN PREPARING THE CONTENT, ALL INFORMATION, SERVICES AND CONTENT THAT IS PROVIDED HERE OR COULD BE REACHED BY USING THIS SITE AS A STARTING POINT IS PROVIDED TO YOU “AS-IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE INFORMATION, SERVICES AND CONTENT AVAILABLE THEREON IS AT YOUR OWN RISK. NEITHER BIRDBOX NOR ANY AUTHOR OR SUPPLIER CONTRIBUTING TO THIS SITE IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, SERVICES OR CONTENT.
XVI. Limited Liability
NEITHER CROSSFIT, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE AND ANY CONTENT THEREON SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ACCESS TO (I) THE USE OF, OR INABILITY TO USE THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT AVAILABLE THEREON OR WHICH CAN BE REACHED BY USING THIS SITE AS A STARTING POINT, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE OR DOWNLOADING OF ANY SOFTWARE OR APPLICATION OWNED OR OPERATED BY BIRDBOX OR ANY THIRD PARTY, IN CONNECTION WITH THIS SITE, OR (IV) ANY ERRORS OR OMISSIONS IN
THE INFORMATION, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CROSSFIT, ANY PARTICIPATING ORGANIZATION OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT THEREON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AND DISABILITY AS WELL AS DAMAGES TO PERSONAL PROPERTY.
You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you may be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by BirdBox. You acknowledge and agree that any such taxes shall be your sole responsibility. BirdBox and/or any sponsor who provides a particular prize may report the value of the prize to local, state, provincial, national or foreign taxing authorities.
XIX. Governing Law
This Site is controlled and operated by BirdBox from its offices within the State of Deleware, United States of America. BirdBox makes no representation that materials on or linked to from this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to United States export controls. No Software or other content from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, 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.
XX. Dispute Resolution
You will not raise in connection therewith, and hereby waive, any defences based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action, suit or proceeding brought in the State of Delaware. If necessary, you further agree and expressly consent to the exercise of personal jurisdiction by the courts of the State of Delaware in connection with any such dispute including any Claim involving BirdBox or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, content providers and any other party involved in creating, producing, delivering or maintaining this Site.
YOU AND BIRDBOX AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE CLAIM BETWEEN BIRDBOX AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW: (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
XXIV. Complete Agreement
XXV. Our Address
BirdBox T/a GYMPROG LLC
8 The Grn Ste A, Dover, Deleware, 19901
XXVI. For Additional Information
If you have any questions about these Terms of Service, please contact [email protected]
January 5th June 2020 .