Terms of Service

SELECT ATHLETICS’ TERMS OF SERVICE AND USE POLICY

ACCEPTANCE OF TERMS

Select Athletics, LLC (“Select Athletics”) welcomes you. Select Athletics provides the Select Athletics Services (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. By accessing and using the Select Athletics Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Select Athletics owned or operated services, you and Select Athletics shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time.

DESCRIPTION OF SELECT ATHLETICS SERVICES

Select Athletics provides users with access to a collection of resources which may be accessed through any various medium or device now known or hereafter developed (the “Select Athletics Services”). You also understand and agree that the Select Athletics Services may include advertisements and that these advertisements are necessary for Select Athletics to provide the Select Athletics Services. You also understand and agree that the Select Athletics Services may include certain communications from Select Athletics, such as service announcements, administrative messages and the Select Athletics Newsletter, and that these communications are considered part of Select Athletics membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Select Athletics Services shall be subject to the TOS. You understand and agree that the Select Athletics Services is provided “AS-IS” and that Select Athletics assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Select Athletics Services, and that access may involve third-party fees. You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Select Athletics Services.

You understand that the technical processing and transmission of the Select Athletics Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Select Athletics Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Select Athletics Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Select Athletics Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Select Athletics has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Select Athletics has the right to suspend or terminate your account and refuse any and all current or future use of the Select Athletics Services (or any portion thereof).

SELECT ATHLETICS PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Select Athletics Privacy Policy. You understand that through your use of the Select Athletics Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Select Athletics and its affiliates.

MEMBER ACCOUNT, PASSWORD AND SECURIT

You will receive an account designation upon completing the Select Athletics Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Select Athletics of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Select Athletics cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

MEMBER CONDUCT

You understand that all information, data, text, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Select Athletics, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Select Athletics Services. Select Athletics does not control the Content posted via the Select Athletics Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Select Athletics Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Select Athletics be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Select Athletics Services.

You agree to not use the Select Athletics Services to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a Select Athletics official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Select Athletics Service;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Select Athletics Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  • interfere with or disrupt the Select Athletics Services or servers or networks connected to the Select Athletics Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Select Athletics Services, including using any device, software or routine to bypass our robot exclusion headers;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • “stalk” or otherwise harass another; and/or
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Select Athletics may or may not pre-screen Content, but that Select Athletics and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Select Athletics Services. Without limiting the foregoing, Select Athletics and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Select Athletics or submitted to Select Athletics, including without limitation information in Select Athletics Message Boards and in all other parts of the Select Athletics Services.

You acknowledge, consent and agree that Select Athletics may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Select Athletics, its users and the public.

You understand that the Select Athletics Services and software embodied within the Select Athletics Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Select Athletics and/or content providers who provide content to the Select Athletics Services. You may not attempt to override or circumvent any of the usage rules embedded into the Select Athletics Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Select Athletics Services, in whole or in part, is strictly prohibited.

INTERSTATE NATURE OF COMMUNICATIONS ON SELECT ATHLETICS NETWORK

When you register with Select Athletics, you acknowledge that in using the Select Athletics Services to send electronic communications (including but not limited to email, search queries and other Internet activities), you will be causing communications to be sent through Select Athletics’ computer networks, portions of which are located in Texas and other locations in the United States and portions of which may be located abroad. As a result, and also as a result of Select Athletics’ network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Select Athletics Services and transfer, posting and uploading of software, technology, and other technical data via the Select Athletics Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Select Athletics Services to parties identified on such lists; (b) agree not to use the Select Athletics Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Select Athletics Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SELECT ATHLETICS SERVICES

Select Athletics does not claim ownership of Content you submit or make available for inclusion on the Select Athletics Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Select Athletics Services, you grant Select Athletics the following worldwide, royalty-free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of Select Athletics, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Select Athletics Services solely for the purposes of providing and promoting the specific Select Athletics area to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Select Athletics Services and will terminate at the time you remove or Select Athletics removes such Content from the Select Athletics Services. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Select Athletics Services other than Select Athletics Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Select Athletics Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Select Athletics Services and will terminate at the time you remove or Select Athletics removes such Content from the Select Athletics Services. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Select Athletics Services other than Select Athletics Groups, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. “Publicly accessible” areas of the Select Athletics Services are those areas of the Select Athletics network of properties that are intended by Select Athletics to be available to the general public. By way of example, publicly accessible areas of the Select Athletics Services would include Select Athletics Message Boards and portions of Select Athletics that are open to both members and visitors. However, publicly accessible areas of the Select Athletics Services would not include portions of Select Athletics that are limited to members, Select Athletics services intended for private communication, or areas off of the Select Athletics network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Select Athletics.

CONTRIBUTIONS TO SELECT ATHLETICS

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Select Athletics through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Select Athletics is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Select Athletics shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Select Athletics may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Select Athletics without any obligation of Select Athletics to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Select Athletics under any circumstances.

INDEMNITY

You agree to indemnify and hold Select Athletics and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Select Athletics Services, your use of the Select Athletics Services, your connection to the Select Athletics Services, your violation of the TOS, or your violation of any rights of another.

NO COMMERCIAL REUSE OF SELECT ATHLETICS SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Select Athletics Services (including Content, advertisements, Software and your Select Athletics ID).

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Select Athletics may establish general practices and limits concerning use of the Select Athletics Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Select Athletics Services, the maximum number of email messages that may be sent from or received by an account on the Select Athletics Services, the maximum size of any email message that may be sent from or received by an account on the Select Athletics Services, the maximum disk space that will be allotted on Select Athletics’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Select Athletics Services in a given period of time. You agree that Select Athletics has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Select Athletics Services. You acknowledge that Select Athletics reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Select Athletics reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO SELECT ATHLETICS SERVICES

Select Athletics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Select Athletics Services (or any part thereof) with or without notice. You agree that Select Athletics shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Select Athletics Services (or any part thereof).

TERMINATION

You may terminate your Select Athletics account, any associated email address and access to the Select Athletics Services by submitting such termination request to Select Athletics.

You agree that Select Athletics may, without prior notice, immediately terminate, limit your access to or suspend your Select Athletics account, any associated email address, and access to the Select Athletics Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Select Athletics Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Select Athletics Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Select Athletics’ sole discretion and that Select Athletics shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Select Athletics Services.

Termination of your Select Athletics account includes any or all of the following: (a) removal of access to all or part of the offerings within the Select Athletics Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Select Athletics Services.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Select Athletics Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Select Athletics shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Select Athletics Services.

LINKS

The Select Athletics Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Select Athletics is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Select Athletics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

SELECT ATHLETICS’ PROPRIETARY RIGHTS

You acknowledge and agree that the Select Athletics Services and any necessary software used in connection with the Select Athletics Services (“Software”) and data located on Select Athletics’ site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Select Athletics Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Select Athletics or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Select Athletics Services, such Content or the Software, in whole or in part. Select Athletics grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Select Athletics Services. You agree not to access the Select Athletics Services by any means other than through the interface that is provided by Select Athletics for use in accessing the Select Athletics Services.

DISCLAIMER OF WARRANTIE

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SELECT ATHLETICS SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SELECT ATHLETICS SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SELECT ATHLETICS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SELECT ATHLETICS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SELECT ATHLETICS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SELECT ATHLETICS SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SELECT ATHLETICS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SELECT ATHLETICS SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SELECT ATHLETICS SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SELECT ATHLETICS OR THROUGH OR FROM THE SELECT ATHLETICS SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SELECT ATHLETICS SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SELECT ATHLETICS SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SELECT ATHLETICS SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SELECT ATHLETICS SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SELECT ATHLETICS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SELECT ATHLETICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SELECT ATHLETICS SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SELECT ATHLETICS SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SELECT ATHLETICS SERVICE.

EXCLUSIONS AND LIMITATION

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE.

SPECIAL ADMONITION FOR SELECT ATHLETICS SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Select Athletics Services concerning companies, stock quotes, investments or securities, Select Athletics and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Select Athletics Services, and shall not be responsible or liable for any trading or investment decisions based on such information.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

NOTICE

Select Athletics may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Select Athletics Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Select Athletics Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Select Athletics Services in an authorized manner.

TRADEMARK INFORMATION

You agree that all of Select Athletics’ trademarks, trade names, service marks and other Select Athletics logos and brand features, and product and service names are trademarks and the property of Select Athletics, LLC. (the “Select Athletics Marks”). Without Select Athletics’ prior permission, you agree not to display or use in any manner the Select Athletics Marks. All other trademarks and trade names are the property of their respective holders.

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Select Athletics and governs your use of the Select Athletics Services, superseding any prior version of this TOS between you and Select Athletics with respect to the Select Athletics Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Select Athletics services, affiliate services, third-party content or third-party software. Waiver and Severability of Terms. The failure of Select Athletics to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Select Athletics account is non-transferable and any rights to your Select Athletics ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Select Athletics Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

VIOLATION

Please report any violations of the TOS to the administrator.

Last updated February 17, 2016

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