Terms of service
Last Revised: February 1, 2025
AthletEX LLC (“AthletEX” or “We”) provides access to and use of the services, which may
include our website, APIs, email notifications, and a mobile application (the "Services"), and any
information, text, graphics, photos, or other materials downloaded or accessed from the Services
(collectively referred to as "Content"), subject to these Terms of Service ("Terms").
YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR
ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS, WHICH MAY BE
UPDATED BY ATHLETEX FROM TIME TO TIME. BY CLICKING “I ACCEPT”, YOU
AGREE TO BE BOUND BY THESE TERMS. YOUR CONTINUED USE OF THE
SERVICES FOLLOWING THE POSTING OF REVISED TERMS OF USE MEANS THAT
YOU ACCEPT AND AGREE TO THE CHANGES.
1. Basic Terms
1.1 - You are responsible for your use of the Services. You may use the Services only if you
are at least 18 years of age and can form a binding contract with AthletEX and are not a
person barred from receiving services under the laws of the United States or other applicable
jurisdiction. You may use the Services only in compliance with these Terms and all applicable
local, state, national, and international laws, rules and regulations.
1.2 - The Services that AthletEX provides are always evolving and the form and nature of the
Services that AthletEX provides may change from time to time without prior notice to you. In
addition, AthletEX may stop (permanently or temporarily) providing the 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 your use of the Services at our
sole discretion at any time without prior notice to you.
1.3 – Accuracy of Information. Upon joining the AthletEX community and creating a profile,
we will ask you to create a profile, which may include certain personal information, such as
your name, phone number, image, and various other information. You agree to: (1) provide
true, accurate, current and complete information about yourself as prompted by any
registration form(s), input page(s), and registration form(s) when accessing the Services; and
(2) to maintain and update all such information to keep it true, accurate, current, and
complete.
2. Privacy and Your Data
2.1 - Any personal information that you provide to AthletEX is subject to our Privacy Policy,
which governs our collection and use of your personal information. You understand that through
your use of the Services you consent to the collection and use (as set forth in the 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 AthletEX. As part of providing you the Services, we
may need to provide you with certain communications, such as service announcements and
administrative messages. These communications are considered part of the Services and your
AthletEX account, which you may not be able to opt-out from receiving.
2.2 – Posting Content. Our Services may allow you to store or share content such as text (in posts
or communications with others), files, documents, graphics, images, music, software, audio, and
video. Anything that you post or otherwise make available through the Services is referred to as
“User Content”. AthletEX does not claim any ownership rights in any User Content and nothing
in these Terms will be deemed to restrict any rights that you may have to your User Content.
2.3 – Permissions. By making any User Content available through the Services you hereby grant
to AthletEX a non-exclusive, transferable, worldwide, royalty-free license, with the right to
sublicense, to (i) use, copy, modify, create derivative works based upon, distribute, publicly
display, and publicly perform your User Content in connection with providing, maintaining,
operating, and improving the Services, and for AthletEX marketing and promotional purposes,
including sharing and displaying User Content on its websites, products, and services, using User
Content in marketing campaigns, case studies, and press releases, (ii) to share User Content with
retailers and partners in connection with the Services, and for AthletEX’s marketing and
promotional purposes. You represent and warrant that you have (and will have) all rights that
are necessary to grant us the license rights in your User Content under these Terms.
2.4 – Prohibitions. You agree not to post, upload, publish, submit or transmit any User Content
that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade
secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii)
violates, or encourages any conduct that would violate, any applicable law or regulation or would
give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory,
obscene, pornographic, vulgar or offensive; or (v) promotes illegal or harmful activities or
substances.
3. Passwords and Account Security
3.1 - You are responsible for safeguarding the log-in credentials, if required, that you use to
access the Services and for any activities or actions under your log-in credentials. We encourage
you to use "strong" passwords (passwords that use a combination of upper and lower case letters,
numbers and symbols) with your account. AthletEX cannot and will not be liable for any loss or
damage arising from your failure to comply with the above.
3.2 - You agree to notify us immediately of any unauthorized access to or use of your log-in
credentials or any other breach of security.
4. Our Content on the Services
The Content presented by AthletEX on or through the Services is made available solely for
general information purposes. We do not guarantee the completeness or accuracy of any
Content made available via the Services or endorse any opinions from third parties expressed
via the Services. Under no circumstances will AthletEX 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. Any reliance you place on such information
is strictly at your own risk. For support for AthletEX Services, please contact AthletEX.
5. Your License To Use the Services
5.1 - AthletEX gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive
license to use the Content that is provided to you by AthletEX as part of the Services. This
license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as
provided by AthletEX, in the manner permitted by these Terms.
5.2 - We provide the Services for use only by persons located in the United States. This license
shall be granted only for your use of the Services within the United States.
5.3 - We may, in our sole discretion, make any changes to the Services that we deem necessary
or useful to (i) maintain or enhance (a) the quality or delivery of Services, (b) the competitive
strength of, or market for, our Services, (c) the Services cost efficiency or performance, or (ii) to
comply with applicable law.
5.4 - ATHLETEX, in its sole discretion, may terminate the license granted herein if you fail to
accept these Terms or any subsequent revisions to the Terms.
6. AthletEX’s Rights
6.1 - All right, title, and interest in and to the Services and Content are and will remain the
exclusive property of AthletEX or any third party which has licensed any portion of the Content
or Services to AthletEX. The Services and Content are protected by copyright, trademark, and
other laws of both the United States and foreign countries.
6.2 - Nothing in the Terms gives you a right to use the AthletEX name or any of the AthletEX
trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments,
or suggestions you may provide regarding AthletEX, or the 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.
7. Restrictions on Content and Use of the Services
You may not do any of the following while accessing or using the Services:
(a) access, tamper with, or use non-public areas of the Services, AthletEX’s computer systems,
or the technical delivery systems of AthletEX’s providers;
(b) probe, scan, or test the vulnerability of any system or network or breach or circumvent any
security or authentication measures;
(c) access or search or attempt to access or search the Services by any means (automated or
otherwise) other than through our currently available, published interfaces that are provided
by AthletEX (and only pursuant to those terms and conditions), unless you have been
specifically allowed to do so in a separate agreement with AthletEX;
(d) forge any TCP/IP packet header or any part of the header information in any email or
posting, or in any way use the Services to send altered, deceptive or false source-identifying
information;
(e) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network,
including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing
the Services, or by scripting the creation of Content in such a manner as to interfere with or
create an undue burden on the Services; or
(f) violate any applicable federal, state, local or international law or regulation (including,
without limitation, any laws regarding the export of data or software to and from the US or other
countries).
8. Linking and Social Media Features
You may not link to our website provided with the Services and You may use these features
solely as they are provided by us and solely with respect to the Content they are displayed with.
You agree to cooperate with us in causing any unauthorized framing or linking from your
account immediately to cease.
9. Ending These Terms
9.1- The Terms will continue to apply until terminated by either you or AthletEX as follows.
You may end your legal agreement with AthletEX at any time for any reason by deactivating
your accounts and/or discontinuing your use of the Services. You do not need to specifically
inform ATHLETEX when you stop using the Services.
9.2 - We may suspend or terminate your accounts or cease providing you with all or part of
the Services at any time for any reason, including, but not limited to, if we reasonably
believe: (a) you have violated these Terms; (b) you create risk or possible legal exposure for
us; (c) our provision of the Services to you is no longer commercially viable; (d) you
violate our Community Guidelines. We will make reasonable efforts to notify you by the
email address associated with your account or the next time you attempt to access your
account.
9.3 - In all such cases, the Terms shall terminate, including, without limitation, your license
to use the Services, except that the following sections shall continue to apply: 4, 5, 6, 7, 10,
and 11. Nothing in this section shall affect AthletEX’s rights to change, limit or stop the
provision of the Services without prior notice, as provided above in Section 1.
10. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of AthletEX and its parents,
subsidiaries, affiliates, related companies, officers, directors, employees, agents,
representatives, partners, and licensors (collectively, the "AthletEX Entities"). Each of the
subsections below only applies up to the maximum extent permitted under applicable law.
Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of
liability in contracts, and as a result the contents of this section may not apply to you.
Nothing in this section is intended to limit any rights you may have which may not be
lawfully limited.
The Services and Content are for informational purposes only. Reliance on any information
provided by the Services or Content provided by the AthletEX Entities is solely at your own
risk.
10. 1 - The Services are Available “AS-IS”
(i) You assume all risks and responsibility with respect to your use of the Services. You
understand and agree that the Services are provided to you on an "AS IS" and "AS
AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under
applicable law, THE ATHLETEX ENTITIES DISCLAIM ALL WARRANTIES AND
CONDITION, WHETHER EXPRESS OR IMPLIED, OR MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
(ii) The AthletEX Entities make no warranty and disclaim all responsibility and liability for:
(a) the completeness, accuracy, availability, timeliness, security, or reliability of the Services
or any Content; (b) any harm to your computer system, loss of data, or other harm that results
from your access to or use of the Services or any Content; (c) the deletion of, or the failure to
store or to transmit, any Content and other communications maintained by the Services; and
(d) whether the Services will meet your requirements or be available on an uninterrupted,
secure, or error-free basis. No advice or information, whether oral or written, obtained from
the AthletEX Entities or through the Services, will create any warranty not expressly made
herein.
10.2 - External Links
The Services may rely upon third-party resources. You acknowledge and agree that the AthletEX
Entities are not responsible or liable for: (a) the availability or accuracy of such resources; or (b)
the content, products, or services on or available from such resources. Links to such websites or
resources do not imply any endorsement by the AthletEX Entities 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.
10. 3 - Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ATHLETEX
ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR
REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS
OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING
FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE
SERVICES; (b) 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; (c)
ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED
ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO
EVENT SHALL THE AGGREGATE LIABILITY OF THE ATHLETEX ENTITIES EXCEED
THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT
YOU PAID ATHLETEX, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES
GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF
LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE
ATHLETEX ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY
SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO
HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10.4 - Indemnification
By using the Services, you agree to indemnify, hold harmless and defend the AthletEX
Entities from any claims, damages, losses, liabilities and all costs and expenses of defense,
including but not limited to, attorneys' fees, resulting directly or indirectly from a claim
(including without limitation, claims made by third parties for infringement of intellectual
property rights) by a third party that arises in connection with (a) your use or misuse of the
Services; (b) your breach of the Terms of Use; (c) your violation of any law or the rights of a
third party; or (d) your submissions. You agree to cooperate as fully as reasonably required in
the defense of any claim. AthletEX Entities reserve the right to assume the exclusive defense
and control of any matter subject to indemnification by you for which you will remain
responsible for indemnifying and holding harmless the AthletEX Entities.
12. General Terms
12. 1 - Waiver and Severability
The failure of AthletEX 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, then that provision will be limited or eliminated to the minimum
extent necessary, and the remaining provisions of these Terms will remain in full force and
effect.
12. 2 - Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Commonwealth
of Pennsylvania without regard to or application of its conflict of law provisions or your state or
country of residence. All claims, legal proceedings or litigation arising in connection with the
Services will be brought solely in the federal or state courts located in Allegheny County,
Pennsylvania, United States, and you consent to the jurisdiction of and venue in such courts and
waive any objection as to inconvenient forum.
12. 3 - Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between AthletEX
and you regarding the Services (excluding any services for which you have a separate
agreement with AthletEX that is explicitly in addition or in place of these Terms), and these
Terms supersede and replace any prior agreements between AthletEX and you regarding the
Services.
12.4 - Electronic Notices and Disclosures
You agree that we may provide all required notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made available to
you during the course of our relationship electronically through your account, via email, or by
other electronic means.
13. Your Comments and Concerns
13.1 - This website is operated by AthletEX LLC, having an address at [5879 Centre Avenue,
Pittsburgh, Pennsylvania 15206.
13.2 - All notices of copyright infringement claims should be sent to the address above.
13.3 - All other feedback, comments, requests for technical support and other communications
relating to the Services should be directed to: team@athletexofficial.com.