TERMS OF USE

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE.

This website is owned and operated by Ignition Athletic Performance Group, LLC and its subsidiaries and affiliates (collectively “Ignition,” “we,” or “us”). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use. Use of the site is offered to you conditioned on your acceptance without modification of all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). Your use of the site and services constitutes your agreement to all Terms of Use; if you do not agree to these terms, do not use the site. You agree to familiarize yourself with the Terms of Use and to abide by them if and when you use the site. Ignition is free to revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

THIRD PARTY SITES

This site may provide you with links to other sites on the Internet (“Linked Sites”). The Linked Sites are not under Ignition’s control, and Ignition is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by Ignition or any association with the operators of the Linked Sites.

PROPRIETARY RIGHTS

You acknowledge and agree that the materials contained in this site are protected by copyright, trademark and other proprietary rights and laws. You may download and print or save to your disk or hard drive materials found on this website for your personal use only, provided that all copies you make of this material must include any copyright, trademark or other proprietary notice located on the site which pertains to the copied material. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. You agree not to systematically retrieve data or other content from this site for the purpose of creating a collection, compilation, database, or directory without Ignition’s written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with the these Terms and Conditions of Use. You may not mirror or archive any part of this website or any material contained on this website on any server or computer without Ignition’s written permission.

PRODUCTS AND SERVICES

A description to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Ignition of that product, service or publication. Products and services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or service.

NO UNLAWFUL OR PROHIBITED USE

You agree not to use the website for any purpose that is unlawful or prohibited by the Terms and Conditions of Use. You may not use the website in any manner that could damage, disable, overburden, or impair this site or interfere with any other party’s use of this site or services. You may not seek by any means to obtain any materials or information through the site not intentionally made available to you through the site.

USER’S LIMITED ACCESS

The site may contain communication services such as bulletin boards, chat rooms, news groups, communities, personal web pages, group calendars, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum.

You agree that you will not:

Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.
Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
Improperly assume or claim the identity, characteristics, or qualifications of another person.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Use the site for commercial purposes, or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations.
Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
Attempt to gain access to any portion of this site, any computer, server, account, network, software, or hardware associated with this site, from which you are restricted.
Violate any applicable laws or regulations.

Ignition is not obligated to monitor the communications contained on the site. However, Ignition may, at its sole discretion edit, decline to post, or remove any information or materials or any portion thereof.

NO REPRESENTATIONS OR WARRANTIES

Ignition makes no representations or warranties that this web site if free of defects, viruses or other harmful components. Ignition shall not be responsible for any damages or loss that may result from the hacking or infiltration of this web site or Ignition’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE AND YOU AGREE TO HOLD IGNITION HARMLESS FROM, AND YOU COVENANT NOT TO SUE IGNITION FOR, ANY CLAIMS BASED ON THE USE OF THIS WEB SITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEB SITE. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS SITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IGNITION DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IGNITION MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE SITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL IGNITION BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IGNITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IGNITION’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

If you are dissatisfied with any portion of the site or the associated services, your sole remedy is to cease using them.

INDEMNITY

You agree to defend, indemnify, and hold harmless Ignition and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of this site, your breach of this agreement, or your infringement of the intellectual property rights of third parties.

TERMINATION

Ignition reserves the right to terminate your access to the site or to any or all of its services at any time without notice for any reason whatsoever.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information from this web site. Despite any representations concerning privacy, Ignition reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.

MEDICAL INFORMATION

The purpose of this website is to provide general and educational information. The purpose of this website is to provide general and educational information. Only your health care professional can determine if an athletic training program described in this, or any, website is appropriate for you. Information provided in this site should never serve as a substitute for any advice, treatment, or recommendation by healthcare professionals.

COMMUNICATIONS

Ignition is pleased to hear from its customers. Anything you disclose or offer to us by or through this website (“Communications”), including e-mails to Ignition or postings on interactive portions of this website, shall be deemed and shall remain the property of Ignition. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate your for the receipt or use of such Communications. Ignition is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means, you hereby RELEASE Ignition from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or Ignition, you hereby grant Ignition, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived

GENERAL

This Agreement shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein. This agreement is governed by, and construed in accordance with the laws of the State of Ohio , without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of Ohio or, if appropriate, the United States District Court for the Southern District of Ohio for the resolution of all disputes arising out of or relating to the use of this site and the associated services. Ignition may assign this agreement, in whole or in part, at any time. This agreement coupled with the Ignition Privacy Policy constitutes the entire agreement between Ignition and the user with respect to this site, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between Ignition and the user with respect to the site.

Ignition’s performance of this Agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of Ignition’s right to comply with governmental, court and law enforcement requests relating to your use of the site, or information collected by Ignition in connection with such use.

All rights not expressly granted herein are reserved exclusively and entirely to Ignition. Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Ignition or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise notes, Ignition is the owner of all trademarks and service marks on this website, whether registered or not.

CONTACT INFORMATION:

Questions about these Terms of Use should be directed to : legal@ignitionapg.com

Please use this contact information only for legal and privacy policy matters. For all other inquiries, refer to the Contact Us section of our home page.

This document was last revised on 05/12/2010