• ATHLETES BEYOND CAMPUS FOOTBALL, LLC

    Terms of Service

    LAST UPDATED: September 18, 2018

    PLEASE READ THIS DOCUMENT CAREFULLY. Athletes Beyond Campus Football, LLC ("Athletes Beyond Campus Football," "we," or "us") is a football athletics training service designed to connect athletes ages 8-18 with coaches who specialize in specific training with an online calendar pairing function located at www.athletesbeyondcampus.com (the " Athletes Beyond Campus Football Site" or "Site") with related coaching sessions (collectively, the " Athletes Beyond Campus Football " or "Service"). By using the Athletes Beyond Campus Football Service in any way, you accept these Terms of Service ("Agreement" or "Terms"), which forms a binding agreement between you and Athletes Beyond Campus Football. You should also read and understand the Athletes Beyond Campus Football Privacy Policy, which is incorporated by reference into this Agreement and is available on the Athletes Beyond Campus Football Site. Prior to using the Athletes Beyond Campus Football Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Athletes Beyond Campus Football Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.

    IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE ATHLETES BEYOND CAMPUS FOOTBALL SERVICE.

    By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. Please contact us with any questions regarding this Agreement.

    HEALTH WARNING AND LIABILITY DISCLAIMER: YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE OR ATHLETIC TRAINING PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE ATHLETES BEYOND CAMPUS FOOTBALLSERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE ATHLETES BEYOND CAMPUS FOOTBALL SERVICE IS AT YOUR OWN RISK. PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE. ATHLETES BEYOND CAMPUS FOOTBALL SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE ATHLETES BEYOND CAMPUS FOOTBALL SERVICE.

    Content of These Terms of Service

    1. Who May Use the Athletes Beyond Campus Football Service

    2. Professional Advice and Medical Disclaimer

    3. Your Representations and Warranties

    4. General Disclaimers

    5. Limitation of Liability

    6. Privacy

    7. Non-Commercial Use

    8. Payments

    9. Term and Termination; Account Deletion

    10. Content Restrictions

    11. Code of Conduct and Prohibited Activities

    12. Submissions

    13. Indemnification

    14. License to Use the Athletes Beyond Campus Football Service

    15. Third Party Links and Content

    16. Intellectual Property

    17. Copyright / DMCA Policy

    18. General Provisions



    1. Who May Use the Athletes Beyond Campus Football Service

    AGE REQUIREMENT: You must be at least 18 years old to use the Athletes Beyond Campus Football Service. NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child's use of the Athletes Beyond Campus Football Service. If your child is using the Athletes Beyond Campus Football Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the Athletes Beyond Campus Football, please contact us at Zach@athletesbeyondcampus.com.

    2. Professional Advice and Medical Disclaimer

    YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR ATHLETIC TRAINING PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE ATHLETES BEYOND CAMPUS FOOTBALL SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY. THE ATHLETES BEYOND CAMPUS FOOTBALL SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL AND TRAINING PURPOSES ONLY. NOTHING STATED OR POSTED ON THE ATHLETES BEYOND CAMPUS FOOTBALL SITE OR AVAILABLE THROUGH ANY ATHLETES BEYOND CAMPUS FOOTBALL SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE ATHLETES BEYOND CAMPUS FOOTBALL SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OR LEARNED FROM THE SERVICE. THE USE OF ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK. IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY. THE ATHLETES BEYOND CAMPUS FOOTBALL SITE IS CONTINUALLY UNDER DEVELOPMENT AND ATHLETES BEYOND CAMPUS FOOTBALLMAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE ATHLETES BEYOND CAMPUS FOOTBALL SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

    3. Your Representations and Warranties

    In using the Athletes Beyond Campus Football Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Athletes Beyond Campus Football. If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of Athletes Beyond Campus Football.

    4. General Disclaimers

    Athletes Beyond Campus Football provides the Athletes Beyond Campus Football Service on an "as is" and "as available" basis. You therefore use the Athletes Beyond Campus Football Service at your own risk. Athletes Beyond Campus Football expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Athletes Beyond Campus Football makes no representations or warranties:

    That the Athletes Beyond Campus Football Service, or any particular fitness program is suitable for you

    Regarding the adequacy or safety of the Athletes Beyond Campus Football Service for any particular user

    That the Athletes Beyond Campus Football Service will meet your personal needs That the Athletes Beyond Campus Football Service will be permitted in your jurisdiction

    That the Athletes Beyond Campus Football Service will be uninterrupted or error-free

    Concerning any content submitted by any individual

    Concerning any third party's use of content that you submit

    That Athletes Beyond Campus Football will continue to support any particular feature of the Athletes Beyond Campus Football; or

    Concerning sites and resources outside of the Athletes Beyond Campus Football Service, even if linked to from the Athletes Beyond Campus Football Service.

    Athletes Beyond Campus Football reserves the right to modify the Athletes Beyond Campus Football Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Athletes Beyond Campus Football Service. Athletes Beyond Campus Football has no obligation to screen or monitor any content and does not guarantee that any content made available on the Athletes Beyond Campus Football Service complies with this Agreement or is suitable for all users. Athletes Beyond Campus Football shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view Athletes Beyond Campus Football content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement. To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Athletes Beyond Campus Football Service, and no warranties shall apply after such period.

    5. Limitation of Liability

    To the fullest extent permitted by law: (i) in no event shall Athletes Beyond Campus Football, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Athletes Beyond Campus Football ' total liability to you shall not exceed the amounts paid by you to Athletes Beyond Campus Football over the twelve (12) months preceding your claim(s). IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.

    Athletes Beyond Campus Football Coaching Service

    The Athletes Beyond Campus Football coaching service is intended solely as training and mentorship. Athletes Beyond Campus Football services will communicate with Athletes Beyond Campus Football trainer coaches. In selecting our trainer coaches, we endeavor to source only those coaches who can demonstrate a minimum of two (2) years of college football experience. In the course of providing coaching advice, our coaches may occasionally answer incidental nutritional questions based on their own personal experience. ATHLETES BEYOND CAMPUS FOOTBALL DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE.

    Athletes Beyond Campus Football takes care to instruct its coaches never, under any circumstance, to provide advice that could be construed as expert advice, and we in no way encourage or endorse such behavior from our coaches. If you encounter a Athletes Beyond Campus Football coach who is providing expert advice in violation of these principles, please contact us immediately at Zach@AthletesBeyondCampus.com. You should always seek expert professional advice in nutritional and health matters, and should not rely on any opinions expressed through the Athletes Beyond Campus Football Service as expert opinions or advice.

    6. Privacy

    Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

    • What information we may collect about you;

    • What we use that information for; and

    • When and with whom we share that information.

    CONSENT TO EMAIL AND TEXT: When you use Athletes Beyond Campus Football Service, you agree and consent to receive email and text messages from us. These emails or texts may be transactional or relationship communications relating to the Service, such as coaching notices, informational notices, newsletters, administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.

    7. Non-Commercial Use

    NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Users of the Service may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose

    unless expressly authorized by Athletes Beyond Campus Football. If you wish to inquire about possible commercial use, please contact us at Zach@AthletesBeyondCampus.com. Athletes Beyond Campus Football may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.

    8. Payments

    The pricing of our Services may vary periodically. We cannot guarantee that the price of your Services is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.

    9. Term and Termination; Account Deletion

    TERM: This Agreement begins on the date you first use the Athletes Beyond Campus Football Service and continues as long as you maintain Service with us.

    TERMINATION FOR BREACH: Athletes Beyond Campus Football may suspend your Services or block or remove any content you submitted if Athletes Beyond Campus Football determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Athletes Beyond Campus Football’s reputation or goodwill. If Athletes Beyond Campus Football suspends or terminates services for the foregoing reasons, you may not reregister for the Athletes Beyond Campus Football Service. Athletes Beyond Campus Football may block your email address and Internet protocol address to prevent further registration. Athletes Beyond Campus Football is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

    After your Service is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

    EFFECT OF TERMINATION: Upon termination, all licenses granted by Athletes Beyond Campus Football will terminate. Sections 4-5, 9, and 12-18 shall survive termination. In the event of service termination for any reason, content that you submitted may no longer be available. Athletes Beyond Campus Football shall not be responsible for the loss of such content.

    10. Content Restrictions

    You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:

    • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);

    • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);

    • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;

    • Advocates harassment or intimidation of another person;

    • Exploits minors;

    • Depicts unlawful acts or extreme violence;

    • Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);

    • Depicts animal cruelty or extreme violence towards animals; or

    • Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.

    11. Code of Conduct and Prohibited Activities

    In using the Athletes Beyond Campus Football Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:

    • Act in a deceptive manner by, among other things, impersonating any person;

    • Harass or stalk any other person;

    • Harm or exploit minors;

    • Distribute "spam";

    • Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;

    • "Frame" or "mirror" any part of the Service or the Site;

    • Use meta tags or code or other devices containing any reference to Athletes Beyond Campus Football, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of Athletes Beyond Campus Football) to direct any person to any other website for any purpose;

    • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;

    • Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.

    • Collect information about others;

    • Advertise or solicit others to purchase any product or service within the Athletes Beyond Campus Football Site;

    • Promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;

    • Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or

    • Participate in any activity that in any way violates any law.

    Athletes Beyond Campus Football has the right, but not the obligation, to monitor all conduct on and content submitted to the Athletes Beyond Campus Football Service. Athletes Beyond Campus Football reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.

    Athletes Beyond Campus Football reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Service and terminating or suspending the services of such violators.

    Your use of the Site and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that Athletes Beyond Campus Football 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, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of Athletes Beyond Campus Football or any other person.

    Content or information obtained through Athletes Beyond Campus Football must not be disclosed to third-parties and Athletes Beyond Campus Football is not responsible for any activity of third-parties based on dissemination of information to those parties.

    12. Submissions

    As between you and Athletes Beyond Campus Football, you own all content that you submit to the Athletes Beyond Campus Football Service, whether directly via the Athletes Beyond Campus Football Service or indirectly (for example, via Facebook or Instagram). However, it is important that you understand that by posting a submission to Athletes Beyond Campus Football, you are granting Athletes Beyond Campus Football and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" or "performance rights" in your content.

    You further grant all users of the Athletes Beyond Campus Football Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Athletes Beyond Campus Football on improving or adding new features to the Athletes Beyond Campus Football Service, Athletes Beyond Campus Football shall have the right to use your suggestions without any compensation to you.

    For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Athletes Beyond Campus Football and grant the licenses set forth above;

    (ii) Athletes Beyond Campus Football will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

    13. Indemnification

    You agree to indemnify, defend, and hold harmless Athletes Beyond Campus Football and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on the Athletes Beyond Campus Football Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Athletes Beyond Campus Football violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Athletes Beyond Campus Football reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Athletes Beyond Campus Football in connection therewith.

    14. License to Use the Athletes Beyond Campus Football Service

    LICENSE: Athletes Beyond Campus Football grants you a limited, non-exclusive license to access and use the Athletes Beyond Campus Football Service for your own personal, noncommercial purposes. This includes the right to view content available on the Athletes Beyond Campus Football Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

    RESTRICTIONS: Except as expressly permitted by Athletes Beyond Campus Football in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Athletes Beyond Campus Football Service. Nor will you take any measures to interfere with or damage the Athletes Beyond Campus Football Service. All rights not expressly granted by Athletes Beyond Campus Football are reserved.

    MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES:

    These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Apple TV, FireTV and other such devices and their corresponding apps), that may from time to time be created or used.

    Your use of the Athletes Beyond Campus Football Service through any applications or device constitutes your agreement to be bound by these Terms.

    Any Athletes Beyond Campus Football application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Play Store, your console's app store, etc.) is licensed, not sold, to You for use only under these Terms. We, the licensor, Athletes Beyond Campus Football, Inc. (Application Provider) reserve all rights not expressly granted to You.

    Accordingly, if you download the Athletes Beyond Campus Football the form of an application;

    • entering into this contract with Athletes Beyond Campus Football, Inc. governing your use of the application.

    15. Third Party Links and Content

    Certain links on the Athletes Beyond Campus Football Sites and/or the Athletes Beyond Campus Football Service may let you leave the particular Athletes Beyond Campus Football Site or Athletes Beyond Campus Football Service you are accessing in order to access a linked site (the "Linked Sites"). When you are linking to a third party site, it is important to know that Athletes Beyond Campus Football does not control these sites, nor has Athletes Beyond Campus Football reviewed or approved the content which appears on the linked sites Athletes Beyond Campus Football is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that Athletes Beyond Campus Football 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 the use of any of the links, content, goods or services available on or through the linked sites.

    Dealings with Third Parties.

    More specifically, your participation, correspondence or business dealings with any third party found on or through the Athletes Beyond Campus Football Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Athletes Beyond Campus Football shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

    16. Intellectual Property

    You acknowledge that the Athletes Beyond Campus Football Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Athletes Beyond Campus Football-generated Content and Content developed for Athletes Beyond Campus Football by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Athletes Beyond Campus Football owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Athletes Beyond Campus Football Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.

    The Athletes Beyond Campus Football name, logos and affiliated applications and technologies are the exclusive property of Athletes Beyond Campus Football, Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

    Athletes Beyond Campus Football owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Athletes Beyond Campus Football or, if such property is not owned by the Athletes Beyond Campus Football, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

    17. Copyright / DMCA Policy

    Athletes Beyond Campus Football respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Athletes Beyond Campus Football Site do not infringe any third party copyright.

    Athletes Beyond Campus Football will promptly remove materials from the Athletes Beyond Campus Football Site in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Athletes Beyond Campus Football may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

    Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders

    If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

    Your name, address, telephone number, and email address (if any).

    • A description of the copyrighted work that you claim has been infringed.

    • A description of where on the Athletes Beyond Campus Football Site the material that you claim is infringing may be found, sufficient for Athletes Beyond Campus Football to locate the material (e.g., the URL).

    • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

    • A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    • Your electronic or physical signature.

    • You may submit this information via:

    Email: dmca@butzel.com

    Offline: Athletes Beyond Campus Football’s Copyright Agent (see contact information below)

    Filing a DMCA Counter-notification to Restore Removed Content for Athletes Beyond Campus Football Users

    If you believe that your material has been removed by mistake or misidentification, please provide Athletes Beyond Campus Football with a written counter-notification containing the following information:

    • Your name, address, and telephone number.

    • A description of the material that was removed and the location on the Athletes Beyond Campus Football Site (e.g., the URL) where it previously appeared.

    • A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

    • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Athletes Beyond Campus Football may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.

    • Your electronic or physical signature.

    You may submit this information via:

    Email: dmca@butzel.com

    Offline: Athletes Beyond Campus Football’s Copyright Agent (see contact information below)

    Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.

    Warning

    In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.



    In addition, please make sure that all of the information you provide is accurate. UNDER

    SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO

    KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY

    IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.



    Athletes Beyond Campus Football may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.



    If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.



    Athletes Beyond Campus Football’s Copyright Agent



    You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property TO Athletes Beyond Campus Football’s Copyright Agent:

    Athletes Beyond Campus Football, LLC, Attn: Ashley Glime, Butzel Long, PC, 301 E. Liberty St., Suite 500; Ann Arbor, MI 48104.

    18. General Provisions

    ARBITRATION AND GOVERNING LAW:

    The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Athletes Beyond Campus Football in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Athletes Beyond Campus Football or its affiliates any class action, class arbitration, or other representative action or proceeding.

    By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Athletes Beyond Campus Football or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

    Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Athletes Beyond Campus Football (except for small-claims court actions) may be commenced only in the state courts located in Oakland County, Michigan or federal court in the U.S. District Court for the Eastern District of Michigan, Southern Division. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.

    This Agreement, and any dispute between you and Athletes Beyond Campus Football, shall be governed by the laws of the state of Michigan without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

    INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Athletes Beyond Campus Football in exercising any right hereunder will waive any further exercise of that right. Athletes Beyond Campus Football’s rights and remedies hereunder are cumulative and not exclusive.

    SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Athletes Beyond Campus Football’s prior written consent. No third party shall have any rights hereunder.

    NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Athletes Beyond Campus Football electronically. Athletes Beyond Campus Football may provide all such communications by email or by posting them on the Athletes Beyond Campus Football Service. For support-related inquiries, you may send an

    email to Zach@AthletesBeyondCampus.com. Nothing herein shall limit Athletes Beyond

    Campus Football’s right to object to subpoenas, claims, or other demands.

    MODIFICATION: This Agreement may not be modified except by a revised Terms of Service

    posted by Athletes Beyond Campus Football on the Athletes Beyond Campus Football Site or a written amendment signed by an authorized representative of Athletes Beyond Campus Football. A revised Terms of Service will be effective as of the date it is posted on the Athletes Beyond Campus Football.

    ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

    Privacy Policy

    This Agreement constitutes the entire understanding between Athletes Beyond Campus Football and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

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    © 2018 Athletes Beyond Campus Football, Inc. All rights reserved. Your Athletes Beyond Campus Football services will begin when you sign up. If you cancel your account anytime in the first 14 days after you sign up, you will not be charged. See Terms of Service for more details. Consult your physician regarding the applicability of any recommendations and follow all safety instructions before beginning any exercise program. All trademarks, products, and service names are the property of their respective owners.