Complete Athlete Terms and Conditions
These Terms and Conditions (these “Terms”) constitute a binding agreement between you, either an individual user (“you”, “your”, or “user”, or collectively, “Users”) and Complete Athlete, LLC (“Complete Athlete”, “we”, “us”, or “our”). These Terms govern your access to and use of the Services (as defined below). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPLETE ATHLETE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
COMPLETE ATHLETE’S POLICY TOWARD CHILDREN
Our Services are intended to offer a range of activities for users of all ages. However, we do not offer our Services to children under thirteen (13), or the equivalent minimum age in the relevant jurisdiction, without parental consent.
As a parent or legal guardian, you must register for and purchase the Services on behalf of your children and your consent may be obtained in connection with your purchase of the Services. Fees for the Services will be charged to your iTunes or Google Play accounts, or to your credit card account, at the time purchase is confirmed and will result in a notification of such transaction to the card’s primary account holder. By authorizing the purchase, you expressly consent to your child’s use of the Services in accordance with these Terms.
We do not knowingly collect or use Personal Information from children under thirteen (13) or the equivalent minimum age in the relevant jurisdiction. If we become aware that a child under thirteen (13) or the equivalent minimum age in the relevant jurisdiction has provided us with Personal Information, we will take steps to remove such Personal Information and terminate the child’s account. If you become aware that your child has provided us with Personal Information without your consent, please contact us by e-mail at Help@MyCompleteAthlete.com.
“Author” means an author of a book in the Complete Athlete series of books, or an authorized representative designated as a subject matter expert, who is authorized by Complete Athlete to generate content through the Services.
“Author Content” means any Content created by an Author for transmission to Users through the Services, including videos uploaded by Authors. Author Content does not include the original content of a book in the Complete Athlete series of books.
“Content” means all text, photographs, images, the Submitted Content or other downloadable materials uploaded, downloaded or appearing on the Services, including the selection, organization, coordination, compilation, and overall look and feel of the Services.
“Personal Information” means information that alone or when in combination with other information may be used, directly or indirectly, to practicably identify, contact, or locate you, such as: name, username, address, email address, birthdate, residential city/state, profile picture, and other information you choose to share via the Services (as defined below). We do not consider Personal Information to include information that has been anonymized so that it does not allow a third-party to practicably identify a specific individual, whether directly or indirectly.
“Profile Information” means information about you, including your name, profile photograph, favorites (such as a favorite sport, team, etc.), and comments that you may choose to provide. Profile Information and chat room comments by you are available to any other User.
“Services” means the Complete Athlete mobile application and all other interactive features, services, and communications provided by Complete Athlete, however accessed and/or used, that are operated, made available, produced, and maintained by Complete Athlete.
“Submitted Content” means any Content that you create, submit or share on or through the Services, including User Content and Author Content. Submitted Content includes any information you provide via our chat feature, on your profile, in our messaging services, or in the comment sections.
“User(s)” means a registered user of the Services.
“User Content” means any Content created by a User and uploaded to Complete Athlete.
1. Limited License
Subject to your compliance with these Terms, Complete Athlete grants you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services. The Services may only be used for the intended purpose for which the Services are being made available. Any unauthorized use automatically terminates the licenses we grant to you.
2. Intellectual Property Rights; Ownership
2.1 The Services and all of the Content displayed on the Services (with the exception of the Submitted Content) are the intellectual property of Complete Athlete. All elements of the Services and Content are protected by copyright, trade dress, trade secret, patent, trademark and/or other laws and international conventions relating to intellectual property rights. All ownership rights to the Content and Services, including all associated intellectual property rights (including trademarks, service marks and trade names included in the Content or available on the Services), shall remain with Complete Athlete, its licensors or its suppliers, as applicable. Except as permitted by applicable copyright law or as otherwise expressly authorized by Complete Athlete, you may not modify, copy, license, distribute, transmit, display, publicly perform, reproduce, publish, adapt, create derivative works from, transfer or sell any of the Content or Services. Except as authorized under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You will comply with all applicable laws, statutes, ordinances, and regulations (“Laws”) regarding your use of the Services and Content. You will not remove any copyright, trademark, or other proprietary notices from materials found on the Services and Content.
2.2 Except as expressly authorized by Complete Athlete, you will not use Complete Athlete’s name or imply Complete Athlete’s endorsement in any (i) advertising or presentation, or (ii) website, brochure, newsletter, book, or other written or digital material or works, without Complete Athlete’s prior written consent.
3. Account Registration, User Profile, and Security
3.2 If you become a registered User of the Services and create a user profile on the Services, you should be aware that your Profile Information is publicly available to other Users. Users can send private messages to a selected individual User or send a public message to a group of Users via the Services. Users have the ability to “Follow” other Users and will receive postings from any User that they are following.
3.3 If you become a registered User of the Services and create an account on the Services, you agree to be responsible and/or liable for (i) maintaining and updating such information to keep it accurate and complete, and (ii) maintaining the confidentiality of passwords or other account identifiers that you choose. If you provide any information that is inaccurate or incomplete, or Complete Athlete reasonably suspects that any information is inaccurate or incomplete, Complete Athlete may suspend or terminate your account and block your use of the Services.
3.4 Without limiting anything in these Terms, to the maximum extent permitted by Law, Complete Athlete will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your noncompliance with this Section 3 or for the matters described in this Section 3 for which you are responsible.
4. Submitted Content
4.1 Chatroom Content. Each book in the Complete Athlete series of books includes an integrated chatroom function that allows a User of a particular book in the Complete Athlete series of books to exchange chatroom content with the Author of the particular book in the Complete Athlete series of books and with other Users reading the particular book in the Complete Athlete series of books. Chatroom functionality is also provided via the Services in the form of messages for private and group messaging/chats.
4.2 License to Submitted Content. You retain all your rights to any Submitted Content, including text, graphics, interactive features, logos, chatroom content, audio and/or video content, photographs, and/or images, illustrations, or other audible, visual or downloadable materials uploaded, downloaded or appearing on the Services that you create, submit or share on or through the Services, including User Content if you are a User and Author Content if you are an Author (collectively, the Submitted Content). By publishing and transmitting Submitted Content on the Services, you grant Complete Athlete a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, copy, publish, communicate by telecommunication, share, distribute, and display the Submitted Content and to use your name, and/or likeness as contained in your Submitted Content in any form throughout the world in any media or technology. Any Submitted Content is deemed non-confidential and Complete Athlete will be under no obligation to maintain the confidentiality of any information contained in any Submitted Content.
4.3 No Endorsement. Submitted Content published by Users or Authors through the Services, including comments made by Users or Authors, does not represent the views of Complete Athlete, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, representatives, partners, suppliers, service providers, licensors or any other individuals associated with Complete Athlete. In no event will you suggest Complete Athlete’s endorsement of Submitted Content published, posted or transmitted through the Services. Complete Athlete does not vouch for the accuracy or credibility of any Submitted Content published posted or transmitted through the Services, and does not take any responsibility or assume any liability for any actions you may take as a result of viewing such Submitted Content.
5. Restrictions on Submitted Content; Prohibited Conduct; Use of Services
5.1 Restrictions on Submitted Content. Complete Athlete does not ENDORSE ANY submitted content that may: (i) create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person, or any animal; (ii) create a risk of any other loss or damage to any person or property; (iii) constitute a crime or tort, including but not limited to, the promotion of hate against any individual or group of people; OR (IV) BE SEXUAL IN NATURE. You will not engage in any of the foregoing activities in connection with producing AND/OR PUBLISHING your submitted content. Without limiting the foregoing, you agree that in conjunction with your Submitted Content, you will not inflict emotional distress or abuse on other people, will not humiliate other people, will not assault, stalk, or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind and will not violate any applicable laws. Not all Submitted Content is appropriate for the Services. Complete Athlete reserves the right, in its sole discretion, to remove, block, limit access to, or suspend any Submitted Content that Complete Athlete believes violates these Terms. In the event you encounter Submitted Content in violation of these Terms, please notify Complete Athlete by e-mailing us at Help@MyCompleteAthlete.com.
5.2 Prohibited Conduct. You are prohibited from using the Services to post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You are prohibited from posting or sending unsolicited advertisements or “spam” to any User. In addition to any remedies that Complete Athlete may have at law or in equity, Complete Athlete may take any action we deem necessary to cure or prevent the violation, including without limitation, suspending or blocking your access to the Services or Content and/or the immediate removal of any inappropriate material or Submitted Content from the Services at any time without notice. We will, in our discretion, cooperate with any law enforcement authorities, court order, witness summons or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
5.3 Prohibited Use of Services. You are prohibited from (i) downloading or copying third-party account information; (ii) using the Services or any Content for data mining, robots, or similar data gathering and extraction tools; (iii) taking any action that imposes an unreasonably large load on our infrastructure; (iv) interfering with the proper working of the Services, Content or any activities on the Services; and (v) bypassing any security or other measures we may use to restrict access to the Services.
6. Fees and Subscriptions
Users will have the option to purchase certain Content during use of the Services, including any books in the Complete Athlete series of books. The fees for the purchase of such Content are listed in the iTunes or Google Play app store and may be revised from time to time. There is presently no subscription fee for use of the Services in association with reading a book in the Complete Athlete series of books. Books in the Complete Athlete series of books are purchased separately. Special Content and merchandise may be available at an additional cost.
Payment of any Fee for the purchase of Content and merchandise, including any book(s) in the Complete Athlete series of books will be charged to Users’ iTunes or Google Play accounts at the time purchase is confirmed for purchases made through the iTunes or Google Play app store.
In connection with any payment method that you provide and authorize Complete Athlete and its agents to bill, you represent and warrant to us that you are the authorized user for such payment method. In the event legal action is necessary to collect on money you owe, you agree to reimburse Complete Athlete, its representatives, and its agents for all expenses incurred to recover the amounts due, including attorneys’ fees and other legal expenses. You shall be responsible for all taxes associated with the Services and purchased Content other than U.S. taxes based on Complete Athlete’s net income.
7. General Representations and Warranties
You represent and warrant that (i) you have the right and authority to enter into these Terms, including the ability to enter into and form contracts in accordance with local laws, (ii) you are fully able and competent to satisfy the terms, conditions, and obligations herein, and (iii) your use of the Services is and will be in compliance with all applicable laws. You are solely responsible for your own Submitted Content and the consequences of posting or publishing it through the Services. In connection with your Submitted Content, you affirm, represent and warrant the following: (a) you have obtained all consents, and possess all copyright, patent, trademark, trade secret, and any other proprietary rights, or the necessary licenses thereto, to grant the license contained herein; (b) if applicable, you have the written consent of each and every identifiable natural person in the Submitted Content to use such person’s name and/or likeness in the manner contemplated herein and by the Services; (c) the Submitted Content and Complete Athlete’s use, hosting or transmission of it will not infringe the rights of any third-party, including but not limited to any intellectual property rights, privacy rights, and rights of publicity; (d) the Submitted Content does not contain: material falsehoods or misrepresentations that could harm Complete Athlete or any third-party or content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, promotes hatred against any individual or group of people, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law.
COMPLETE ATHLETE DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOUR USE OF thE services is at your OWN risk. THE SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY SUCH WARRANTIES, CONDITIONS OR GUARANTEES WHICH CANNOT LAWFULLY BE EXCLUDED, Complete Athlete, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS MAKE NO WARRANTY AND DISCLAIM ALL responsibility AND LIABILITY FOR: (I) THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES; (II) any loss of data, damages to, or any viruses that may infect your computer, phone, or other property caused by or arising from your use of the SERVICES or access to the content; OR (IIi) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT MAINTAINED BY THE SERVICES. THE CONTENT AND SERVICES MAY BE OUT OF DATE. NO ADVICE NOR INFORMATION OBTAINED FROM COMPLETE ATHLETE OR THROUGH THE CONTENT OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Through your use of the Services, you may be exposed to Submitted Content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues, or other legal issues. By using our Services, you assume all associated risks. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPLETE ATHLETE, NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING, DISPLAY, OR TRANSMISSION OF THE SERVICES OR CONTENT, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR PURE ECONOMIC LOSS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOOD-WILL, OR BUSINESS INTERRUPTION) ARISING OUT OF (I) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, THE CONTENT, OR THE MATERIALS AND INFORMATION CONTAINED IN THE SERVICES; OR (II) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR OTHERWISE, EVEN IF FORESEEABLE, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY CONTENT, YOU AGREE THAT YOU ARE NOT ENTITLED TO A REFUND OR CREDIT AND YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. IN NO EVENT SHALL COMPLETE ATHLETE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), strict liability, infringement of third-party intellectual property rights or other third-party claims AGAINST COMPLETE ATHLETE OR OTHERWISE, EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR FEES FROM BOOKS PURCHASED FROM THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS. NOTHING IN THIS SECTION 9 SHALL LIMIT OR EXCLUDE LIABILITY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (2) FRAUD OR FRAUDULENT MISREPRESENTATION AND (3) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
10. Release for Disputes Among Users
In the event that you have a dispute with one or more other Users of the Services, you agree to release Complete Athlete, and its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, representatives, partners, suppliers, service providers, licensors, successors and assigns from all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including without limitation any intellectual property dispute or any dispute over the products and materials contained in the Content.
You will defend, indemnify, and hold Complete Athlete and its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, representatives, partners, suppliers, service providers, licensors, successors and assigns harmless from any and all claims, demands, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Services; (ii) your material violation of any provision in these Terms; (iii) your violation of any third-party right, including, without limitation, any right of privacy, publicity, or intellectual property; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of your Submitted Content or your participation in any community made available by Complete Athlete; or (vi) any other party’s access and use of the Services or your Submitted Content under your account.
12.1 Termination by Complete Athlete. You agree that Complete Athlete may, in its sole discretion, for any reason or no reason, and without penalty, suspend or terminate your account or your use of the Services. You agree that any termination or suspension of your access to the Services or to your account may be done by Complete Athlete with or without notice, and you agree that Complete Athlete will not be liable to you for any such termination or suspension. You acknowledge that you will be liable for any orders placed or charges incurred through your account prior to termination.
12.2 Termination by You. You may terminate these Terms by discontinuing use of your account and your use of the Services at any time, for any reason or for no reason. You acknowledge that you will be liable for any orders placed or charges incurred through your account prior to termination.
12.3 Survival. Upon termination of these Terms, any provision which by its nature should survive will survive the termination of these Terms, including Section 2 (Intellectual Property Rights; Ownership), Section 3 (Account Registration and Security), Section 4 (Submitted Content), Section 8 (Disclaimers), Section 9 (Limitation of Liability), Section 10 (Release for Disputes Among Users), Section 11 (Indemnification), Section 12.3 (Survival), and Sections 13 through 28.
13. Force Majeure
Neither Complete Athlete nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest.
15. Choice of Law and Jurisdiction
These Terms and any claim relating to the use of the Services and the content contained herein are governed by the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
17. No Third-party Beneficiaries
Except for those identified in Section 11 of these Terms, no person, except for the parties to these Terms, and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed to be deleted from these Terms and the remaining provisions of these Terms will remain in full force and effect.
These Terms and all rights and licenses granted hereunder, incorporated agreements and policies may not be transferred or assigned by you, but may be transferred or assigned by us in our sole discretion and without restriction.
Section headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
22. Digital Millennium Copyright Act (“DMCA”) Notice
In operating the Services, we may act as a “services provider” (as defined by DMCA) and offer the Services as online provider of materials. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Services. Complete Athlete has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. Complete Athlete has adopted a policy that provides for the immediate removal of any Content or the suspension of any User that is found to have infringed the rights of Complete Athlete or of a third-party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms. If you believe any material available through the Services infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is:
Complete Athlete, LLC
660 Newport Center Dr.
Newport Beach, CA 92660
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Services that you claim is infringing, with enough detail so that we may locate it on the Services;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
We may give notice to our Users of any infringement notice by means of a general notice on the Services, electronic mail to a User's e-mail address in our records, or by written communication sent by first-class mail to a User's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
23. Entire Agreement
We may revise these Terms from time to time, the most current version of which is provided with the Complete Athlete software application. Updated Terms may be provided with software updates available through the app store from which the Complete Athlete software was downloaded. We will notify you by e-mail to the e-mail address associated with your account or through the Services of any changes to these Terms which we deem material in our sole discretion. Your continued use of the Services after the changes become effective will constitute your acceptance of the changes and your agreement to continue to be bound to these Terms. If you do not desire to be bound by any such changes to these Terms, then you must terminate these Terms with us as set forth in Section 12 above.
25. Additional Assistance and Disclosure
The Services are offered by Complete Athlete, LLC, 660 Newport Center Dr., Suite 200, Newport Beach, CA 92660. If you do not understand these Terms or if you have any questions or comments regarding these Terms, we invite you to contact our Customer Service Department by e-mail at Help@MyCompleteAthlete.com.
26. Copyright Notice
All Site design, graphics, text selections, arrangements, and all software are Copyright © 2017, Complete Athlete, LLC or its licensors. ALL RIGHTS RESERVED.
27. Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Complete Athlete, LLC, 660 Newport Center Dr., Suite 200, Newport Beach, CA 92660.
28. Dispute Resolution By Binding Arbitration:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Complete Athlete, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Complete Athlete are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND COMPLETE ATHLETE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPLETE ATHLETE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution
Complete Athlete is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at Help@MyCompleteAthlete.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Complete Athlete should be sent to Complete Athlete, LLC 660 Newport Center Dr., Suite 200, Newport Beach, CA 92660 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Complete Athlete and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Complete Athlete may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Complete Athlete or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Complete Athlete is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Complete Athlete and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Complete Athlete agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Complete Athlete will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Complete Athlete will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Complete Athlete will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Complete Athlete agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Complete Athlete written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Last Updated: December 13, 2017