Athlete Builder Terms of Service

Welcome to Athlete Builder!  A website and internet subscription service provided by Athlete Builder Inc (“we/”us”).  Before you start searching for and watching sports training videos on Athlete Builder, you must read and agree to these Terms of Service (“Terms”) which govern your access to and use of the website, www.athletebuilder.com (the “Website”) and Services (see further Services Description below) and any information, text, graphics, data, profiles, audio and video clips or other materials uploaded, downloaded or appearing on the Website (collectively referred to as “Content”). Your access to and use of the Services is conditional on your accepxance of and compliance with these Terms as well as our Privacy Policy [https://athletebuilder.com/Home/PrivacyPolicy] which governs our use of your personal information.

You may use the Website and Services only in compliance with these Terms and all applicable local, provincial, national, and international laws, rules and regulations.  

You must be 18 years or older in order to become a subscriber to the Services.  If you are below the age of 18, you may subscribe to and use the Services only after receiving parental or legal guardian consent to do so and your parent/guardian must agree to these terms on your behalf.

Services Description

Athlete Builder is an online learning platform for sports.  We make our web-based service available so that subscribers can access and view over 1000 sports related training videos that both we and our licensors have created.  You are also able to rate, favorite and in some instances, share videos with your community (see further below: License of Rights) (collectively the “Services”).

Subscription Access. Most of the Content is available only to currently subscribers to the Services.  You will also be able to favorite videos when you are a subscriber.  In order to become a subscriber you must create an account providing your name, email address, selecting a password and inputting your credit card information and agreeing to pay the monthly or annual fee (see further Fees below).  Any personal information you provide to us is collected and stored in accordance with our Privacy Policy [https://athletebuilder.com/Home/PrivacyPolicy]

You are not entitled to share your account with anyone and you are responsible for safeguarding the password that you use to access the Website and Services and you are responsible for any activities or actions under your password. You agree to keep your password secure.  Athlete Builder cannot, and will not, be liable for any loss or damage arising from your failure to comply with these requirements.

Changes to the Services.  The form and nature of the services we provide may change from time to time without prior notice to you. In addition, we may stop providing access to or aspects of the Website and/or Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you.

Advertisements.  The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services or other information. The types and extent of advertising on the Services are subject to change. In consideration for Athlete Builder granting you access to and use of the Services, you agree that Athlete Builder and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

Fee Terms

Subscription plans are indicated on the Website.  All fees are due and payable in advance on a monthly or annual basis and are non-refundable for any reason and there are no partial refunds for partially used subscription terms.  We will automatically debit the credit card on file for you unless you elect to terminate in advance of a new subscription term beginning. See further Term and Termination below. If your card information is invalid or does not work, we reserve the right to suspend or terminate your access to the Services immediately.

Fees may change from time to time and the latest fees will always be indicated on the Website.  New fees will not apply until the next billing cycle (ie. If you are a monthly subscriber, the new fees will take effect from the next monthly billing cycle; if you are an annual subscriber, the new fees will take effect from the anniversary of your subscription).    If you do not agree with a fee change, you may opx to terminate this Agreement by cancelling your subscription prior to the new fees taking effect.

In order to use the Services you will need to have Internet access.  You are responsible for paying for any fees or charges imposed by your internet service provider for your use of bandwidth to view Content on the Services.

Content Terms

The Content is proprietary to Athlete Builder or its licensors. All right, title, and interest in and to the Content and Services are and will remain the exclusive property of Athlete Builder and its licensors. The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in the Terms gives you a right to use the Athlete Builder name or any of the Athlete Builder trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Athlete Builder, or the Website and Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

We grant subscribers and free preview users a non-exclusive, non-transferable right to access and view the Content for non-commercial use on a one-login per account basis only.  If you attempx to login to your account from more than one device to view the Content, one of your attempxs may fail or you might be logged out of one device.  You may not resell, copy, modify or share any Content unless expressly permitted in these Terms or by separate grant of rights by Athlete Builder.  

We do not represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise decepxive. Under no circumstances will Athlete Builder 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 Services or broadcast elsewhere.

Restrictions on Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Athlete Builder, its users and the public.

You may not do any of the following while accessing the Website or using the Services:

  1. Engage in any illegal, offensive or unauthorized conduct including:
  1. Hacking, accessing, tampering with, or using non-public areas of the Services, Athlete Builder’s computer systems, or the technical delivery systems of Athlete Builder’s providers;
  2. probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures;  
  3. interfering with, or disrupting, (or attempxing to interfere or disrupx), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripxing the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
  4. Removing or modifying any copyright, trade mark or other proprietary notice on the Website.
  1. Reformat or frame any portion of the Website except to the extent permitted by us on your account page
  2. Use automated devices (such as robots and spiders) to scrape or index the Website or its Content (including where the same is carried out with the aim of constructing or populating a searchable database of business reviews
  3. Exploit the Content including through the sale, trade, display publicly
  4. Record or mine information about other users of the Website and Services

You agree to indemnify Athlete Builder for any and all claims, damages, losses and expenses (including reasonable legal fees) relating to any acts by you, including but not limited to any Content submitted by you, in connection with using the Service, resulting in claims against us by other users or third parties.


Term and Termination

On creation of an account you may elect a monthly or annual subscription.  Each subscription will be billed in advance as indicated in the section entitled Fees.  In order to avoid being billed for a future subscription term, you must cancel your subscription by notifying us in writing prior to a new subscription period beginning.  Cancellation after a new subscription period has begun will be recognized from the start date of the next subscription period (eg. if on a month-to-month contract, the first new month after the current month; if on an annual contract, your subscription will expire on the anniversary of its start date).

Waiver and Acknowledgement.        

The information available through the Services is for informational and educational purposes only and is no substitute for the professional advice and guidance of a regulated health professional.  If you intend to adopx any features of the regimes provided through the Service, you should consult an appropriate medical professional.

The Services are Provided “AS-IS”

Your access to and use of the Website, Services and any Content is at your own risk.

You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, ATHLETE BUILDER AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Athlete Builder will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, Services, or any Content. You also agree that Athlete Builder has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website and Services. We make no warranty that the Website or Services will meet your requirements or be available on an uninterrupxed, secure, or error-free basis. No advice or information, whether oral or written, obtained from Athlete Builder or through the Website or Services, will create any warranty not expressly made herein.

You understand, and expressly acknowledge and agree, that:

  1. there are potential risks associated with exercise and participating in sports, including, but not limited to, episodes of transient light-headedness, fainting, abnormal blood pressure, cramps and nausea, muscle soreness, muscle strains, ligament sprains and that You assume willfully those risks.
  2. by accessing the Service, You assume full responsibility for the use of the information and hereby release us from any claim, loss, or damage arising from your use or reliance on such information.

Links

The Website and Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Athlete Builder of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATHLETE BUILDER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ATHLETE BUILDER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Changes to these Terms

The latest version of these Terms is always available on the Website with the date of the last update being indicated at the bottom of this document.  We reserve the right to update or modify these terms from time to time without prior notice.  However, any revised terms will only take effect 30 days from the date they are posted on the Website.  If you do not agree with any changes to the Terms you may terminate your subscription to the Services. This will constitute your sole remedy.

Waiver and Severability

The failure of Athlete Builder to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the province of Ontario without regard to or application of its conflict of law provisions or your province or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Ontario, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Athlete Builder and you regarding the Website and Services (excluding any services for which you have a separate agreement with Athlete Builder that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Athlete Builder and you regarding the Website and Services.

We may revise these Terms from time to time, the most current version will always be at www.athletebuilder.com/home/tos. If the revision, in our sole discretion, is material we will notify you via an update or e-mail to the email associated with your account. By continuing to access or use the Website and Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us at: terms@athletebuilder.com.

Last Updated: July 3, 2014