Terms of service

TERMS OF USE

The following terms and conditions (henceforth: the Terms and Conditions”) are valid between you and Athletegy. Henceforth: Athletegy; may be referred to as “us” and “we” and apply to all use of and orders placed on the Athletegy website www.athletegy.com (henceforth: the “Website”). Please note that Athletegy does not guarantee that all products presented on the Website are in stock or are available for purchase. Athletegy reserves its right to stop selling a product. Orders can only be placed by persons that are 18 years or older. Athletegy reserves the right to revise the Terms and Conditions at any time. The date of the latest update is found in the final section of the Terms and Conditions. Users are responsible for keeping themselves updated with such changes. Please note that the terms and conditions valid for your order are always the terms and conditions that are in effect as of the time that you have placed your order and not a later version. You sh

 

Copyright permission notice

Copyright in the documents provided in this site (including, without limitation, the trademarks of Athletegy, graphics, text, photos, designs, logos, icons, images, data and software) are owned by or licensed to Athletegy and its affiliates. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, duplicate or otherwise distribute the material to others without prior consent from Athletegy. You may not modify the material in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied. For inquiries, please contact us at info@athletegy.com.

 

Trademarks

Athletegy's trademarks include but are not limited to the Athletegy name and logo and the Athletegy ‘A’.  Please note that your use of this Website does not grant you any rights to use our trademarks.

 

No liability

While Athletegy endeavors to keep your information private, in no event will Athletegy be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Website, even if Athletegy or its agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Athletegy's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Athletegy.

To the fullest extent permitted by applicable law, Athletegy and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Athletegy or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.

 

Resale Policy

You may purchase products on www.athletegy.com for personal use only and not for resale. By placing an order on www.athletegy.com, you certify that you are purchasing products for your own personal use and not for resale and that you accept the Terms and Conditions. We reserve the right to refuse orders for any reason without explanation.

 

Information on the website

Athletegy cannot promise that the content of the site is free of inaccuracies or typographical errors. Neither can we guarantee that all information is up-to-date. Athletegy may, at any time, amend the content of the site. Although Athletegy strives to display the correct texts, images and pricing on the site and online shop, errors may occur. Part of the services provided through the site are maintained by third party operators. In situations where Athletegy acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. Athletegy cannot be held responsible for any damage caused from using the site or, for that matter, not being able to use the site. Athletegy cannot guarantee problem-free, uninterrupted, and secure access to the site.

 

Links

The Website may contain links to other websites beyond our reach. We cannot be held liable for content or privacy policies of such sites.

 

Violation of rules

Athletegy reserves the right to seek all solutions available at law and in equity for violations of these Terms and Conditions, including the right to block access to the site. Individuals violating the restriction of password-protected areas of the site may be subject to prosecution.

 

Athletegy’s responsibility

Athletegy’s liabilities to you are limited in each separate case to these Terms and Conditions unless otherwise is stipulated by law. In no case whatsoever will Athletegy assume any liability for indirect damages such as loss of profit or in case of force majeure such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. Athletegy's liabilities to you will never exceed your total purchase amount for each order. In case of force majeure, Athletegy's obligations will be suspended. The contract between you and Athletegy can, in such cases, be partially or fully terminated by yourself or by Athletegy.

 

Provisions severability

If any part of these Terms and Conditions are held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms and Conditions; instead the invalid terms and conditions shall be replaced with other terms in order to give effect to the commercial intentions of these Terms and Conditions.

 

Claims resolution -Contact Athletegy First

If a dispute arises between you and Athletegy, our goal is to learn about and address your concerns. You agree that you will notify Athletegy about any dispute you have with Athletegy regarding these Terms & Conditions by contacting Athletegy.

 

Binding Arbitration

You and Athletegy agree, to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms & Conditions or your use of the Products and/or Subscription Services to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made.

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products.  Any dispute or claim made by you against us or us against you arising out of or relating to these Terms & Conditions or your use of the Products (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.

 

Arbitration Procedures

You must first present any claim or dispute to Athletegy by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to Athletegy. Athletegy may request arbitration against you at any time after it has notified you of a claim or dispute.

The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be New York, NY, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.

Any arbitration shall be confidential, and neither you, nor Athletegy nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

 

No Class Actions

There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

 

Fees and Expenses

All administrative fees and expenses of arbitration will be divided equally between you and Athletegy. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

 

Protection of Confidentiality and Intellectual Property Rights

Notwithstanding the foregoing, Athletegy may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

 

Notifications

Athletegy may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Athletegy account, hard copy, or posting of such notice on the Athletegy website. Athletegy is not responsible for any automatic filtering you or your network provider may apply to email notifications. Athletegy recommends that you add @athletegy.com URLs to your email address book to help ensure you receive email notifications from Athletegy.

 

Governing law

This agreement shall be governed by, construed and enforced in accordance with the laws of the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms, or any items purchased from Athletegy, shall be filed only in the courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, unless such action is required to be arbitrated as set forth in an above section.