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AGREEMENT BETWEEN USER AND “Freak Athletics LLC”

Freak Athletics LLC’s Web Site is comprised of various Web pages operated by Freak Athletics LLC, (“Freak Athletics”).

Freak Athletics’ Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Freak Athletics Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Freak Athletics reserves the right to change, add, or remove the terms, conditions, and notices under which Freak Athletics Web Site is offered, including but not limited to the charges associated with the use of Freak Athletics Web Site. Please check this page periodically for any changes. Your continued use of the site following the posting of any changes to these terms shall mean that you have accepted those changes.

LINKS TO THIRD PARTY SITES

Freak Athletics Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Freak Athletics and Freak Athletics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Freak Athletics is not responsible for web casting or any other form of transmission received from any Linked Site. Freak Athletics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Freak Athletics of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of Freak Athletics Web Site, you warrant to Freak Athletics that you will not use Freak Athletics Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Freak Athletics Web Site in any manner which could damage, disable, overburden, or impair Freak Athletics Web Site or interfere with any other party’s use and enjoyment of Freak Athletics Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Freak Athletics Web Sites.

ACCEPTABLE USE OF THIS WEBSITE

Your use of this website must be lawful and consistent with the security and reliability of this site and the World Wide Web. In addition, the following rules apply to your use of this website:

1. You certify to Freak Athletics that you are at least 18 years of age.

2. You assume full responsibility for the use of this website by any minors.

3. Your use of this website is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulation, policies and procedures.

4. You are solely responsible for the content of your transmissions. You acknowledge and agree that Freak Athletics does not endorse the actions, the contents of the communications by and between its users.

5. You must abide by all of the then-current terms of Freak Athletics Privacy Policy, as set forth on the website and as updated from time to time by Freak Athletics in its sole discretion.

USE OF COMMUNICATION SERVICES

Freak Athletics Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Use any robot, spider, or other automatic device or process to monitor or copy our web pages or the content without our prior express written permission. Violate any applicable laws or regulations. Freak Athletics has no obligation to monitor the Communication Services. However, Freak Athletics reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Freak Athletics reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Freak Athletics reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Freak Athletics sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Freak Athletics does not control or endorse the content, messages or information found in any Communication Service and, therefore, Freak Athletics specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Freak Athletics spokespersons, and their views do not necessarily reflect those of Freak Athletics.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

USER REGISTRATION

You must register as a “Member” with Freak Athletics to access certain functions of the website. You must provide current, complete and accurate information about yourself (the “Registration Data”) when registering as a Member. You agree that such information is truthful and complete. You agree to maintain and keep your Registration Data current and to update your Registration Data as soon as it changes. You are responsible for maintaining the security of your password. Freak Athletics is not liable for any loss that you suffer through the use of your password by others. You agree to notify Freak Athletics immediately of any unauthorized use of your account or other breach of security known to you. You also, by becoming a Member, agree to report violations of these Terms and Conditions by others to Freak Athletics.

MATERIALS PROVIDED TO Freak Athletics OR POSTED AT ANY Freak Athletics WEB SITE

Freak Athletics does not claim ownership of the materials you provide to Freak Athletics (including feedback and suggestions) or post, upload, input or submit to any Freak Athletics Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Freak Athletics, its affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Freak Athletics is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Freak Athletics sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH Freak Athletics WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Freak Athletics AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN Freak Athletics WEB SITE AT ANY TIME. ADVICE RECEIVED VIA Freak Athletics WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Freak Athletics AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON Freak Athletics WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Freak Athletics AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Freak Athletics AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Freak Athletics WEB SITE, WITH THE DELAY OR INABILITY TO USE Freak Athletics WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Freak Athletics WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF Freak Athletics WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Freak Athletics OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Freak Athletics WEB SITE, OR WITH ANY OF THESE TERMS OF USE,YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Freak Athletics WEB SITE.

While Freak Athletics takes reasonable steps to safeguard and to prevent the unauthorized access to your information and Registration Data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, implied or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL Freak Athletics BE LIABLE FOR ANY DAMAGE WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER Freak Athletics WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGE WAS POSSIBLE.

RELEASE

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE Freak Athletics ITS SERVICE PROVIDERS, AND EACH OR THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE, WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWNS, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THIS WEBSITE.

INDEMNIFICATION

You agree to indemnify and hold Freak Athletics, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of your use of this website, or the violation of these Terms and Conditions by you, or of the infringement by you, or any other user of this website using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful or deceptive. Freak Athletics and its service providers assume no responsibility whatsoever for such content or actions.

TERMINATION/ACCESS RESTRICTION

Freak Athletics reserves the right, in its sole discretion, to terminate your access to Freak Athletics Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Hampshire, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Courts in New Hampshire, U.S.A. in all disputes arising out of or relating to the use of Freak Athletics Web Site. Use of Freak Athletics Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Freak Athletics as a result of this agreement or use of Freak Athletics Web Site. Freak Athletics performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Freak Athletics right to comply with governmental, court and law enforcement requests or requirements relating to your use of Freak Athletics Web Site or information provided to or gathered by Freak Athletics with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Freak Athletics with respect to Freak Athletics Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Freak Athletics with respect to Freak Athletics Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK NOTICES:

“Freak Athletics” and any and all related logos, described in our website are either trademarks or registered trade names of Freak Athletics. You may not copy, imitate or use then without Freak Athletics prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Freak Athletics. You may not copy, imitate, or use them without our prior written consent. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Freak Athletics or the Service or display them in any manner that implies Freak Athletics sponsorship or endorsement.

All contents of Freak Athletics Web Site are: Copyright (c) 2011 Freak Athletics and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

PRIVACY POLICY

Please see Freak Athletics privacy policy. By accepting these Terms and Conditions, and each time you use the service, you consent to Freak Athletics collection, use and disclosure of your information or Registration Data in accordance with the Privacy Policy without any further notice or any liability to you or any other person.

REFUND POLICY

Individual Customers of Freak Athletics, LLC may request a full refund of any product purchased from the Freak Athletics website within 60 days of purchase after have tried the training program for at least 20 consecutive days. Failure to follow the preceding instructions will result in the Customer forfeiting their right to a refund.  The Customer agrees to remove any digital data downloaded from our website from their computer. When applicable, the Customer also agrees to return the hardcover training manual. The Customer may only have satisfied the digital goods component of this Refund Policy if the Customer has explicitly stated that all devices under the ownership of the Customer capable of storing Freak Athletics digital goods, such as PCs, CD-ROMs, and smart phones, have been purged of all content accessed from the Members Area. Freak Athletics reserves the right to withhold any due refund via promissory note, regardless of whether or not a conditional or refund in full was offered, if it was determined that the Customer is in violation of other aspects of the Terms and Conditions.  Freak Athletics also reserves the right to withhold any due refund via check for a period of time such that there remains no financial liability on the part of Freak Athletics with regard to the chargeback period set in place by the Cardholder Association. Once these requirements are satisfied, the Customer will receive either a credit on their credit card bill or a check made out in the name of the Customer.

CHARGEBACK POLICY

If a Customer refuses to comply with the above refund policy, and instead decides to contact their credit credit issuer to file a dispute then this chargeback policy will be enforced. If the credit card issuer decides to issue a chargeback to Freak Athletics, LLC due to a Customer dispute; the Customer understands that Freak Athletics, LLC reserves the right to submit the chargeback to a licensed collection agency for the purpose of debt collection. Freak Athletics, LLC may preemptively credit the customer’s credit card and direct bill the Customer if it is suspected that the Customer will not comply with the refund policy and is a identified as a chargeback risk. Customer understands that interest, collection agency fees, chargeback fees, attorney fees, and any other relevant fees will be added to the Customer’s debt. Customer also understands that refusal to pay any debt owed to Freak Athletics, LLC will negatively impact the Customer’s credit history.

JURISDICTION AND VENUE

By using this website, you expressly agree that, regardless of your physical location, that any claims or causes of action either relating to, or arising out of the use of this website, or the violation of the above Terms and Conditions, Privacy Policy or Disclaimers, shall be brought in the appropriate state or federal court governing claims arising in the state of Virginia, USA.

APPLICABLE LAW

The parties agree that the applicable law to be applied to the use of this website shall be, in all cases, the law of the State of Virginia.