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Terms of Service

Terms of Service for Full Throttle WOD

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at hello@fullthrottlewod.com.

Introduction

Welcome to TAG URIT LLC’s Full Throttle WOD mobile application and website www.fullthrottlewod.com (“Full Throttle WOD”). These terms and conditions govern your use of “Full Throttle WOD”. By using Full Throttle WOD, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use Full Throttle WOD.
You must be at least 18 (eighteen) years of age to use Full Throttle WOD. By using Full Throttle WOD and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 (eighteen) years of age.

License to use Full Throttle WOD

Unless otherwise stated, we and/or our licensors own the intellectual property rights published or displayed on Full Throttle WOD and materials used on Full Throttle WOD. Subject to the license granted to you below, all these intellectual property rights are reserved by us.

You are granted a limited, non-exclusive, non-transferable, nonsub-licensable license to view, download for caching purposes only, and print pages, files or other content from Full Throttle WOD for your own personal non-commercial use, subject to the terms and restrictions set out in these terms and conditions.

You must not:

  • republish material from Full Throttle WOD in either print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material From Full Throttle WOD
  • Display any material from Full Throttle WOD in public;
  • reproduce, duplicate, copy or otherwise exploit material on Full Throttle WOD for a commercial purpose;
  • edit, adapt, prepare derivate works from or otherwise modify any material from Full Throttle WOD;
  • redistribute material from Full Throttle WOD – except for any content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of Full Throttle WOD through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use Full Throttle WOD in any way that causes, or may cause, damage to us, or impairment of the availability or accessibility of Full Throttle WOD or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use Full Throttle WOD to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to Full Throttle WOD without Full Throttle WOD’s express written consent.

This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • article ‘spinning’

You must not use Full Throttle WOD or any part of it to transmit or send unsolicited commercial communications.

You must not use Full Throttle WOD for any purposes related to marketing without our express written consent.

Restricted access

Access to certain areas of Full Throttle WOD is restricted. We reserve the right to restrict access to certain areas of Full Throttle WOD, or at our discretion, this entire website. We may change or modify this policy without notice.

If we provide you with a user ID and password to enable you to access restricted areas of Full Throttle WOD or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

We may disable your user ID and password at ours sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to Full Throttle WOD, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe upon any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us, Full Throttle WOD or a third party (in each case under any applicable law).

You must not submit any user content to Full Throttle WOD that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to Full Throttle WOD, or stored on the servers of Full Throttle WOD, or hosted or published upon Full Throttle WOD.

Full Throttle WOD does not undertake to monitor the submission of such content to, or the publication of such content on, Full Throttle WOD.

No warranties

FULL THROTTLE WOD AND THE CONTENT THEREON IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE TRADE.

Without prejudice to the generality of the foregoing, we do not warrant that:

  • Full Throttle WOD will be constantly available, or available at all; or
  • the information on Full Throttle WOD is complete, true, accurate or non-misleading.

Nothing on Full Throttle WOD constitutes, or is meant to constitute, advice of any kind, including medical advice. If you require advice in relation to any medical, legal or financial matter you should consult an appropriate professional. We are not responsible or liable to you for any health problems, injuries or other physical injury that you may suffer in relation to your use of Full Throttle WOD.

Limitations of liability

We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, use of, or otherwise in connection with, Full Throttle WOD:

  • to the extent that Full Throttle WOD is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if we have been expressly advised of the potential loss. In no event shall the liability of us to you exceed an amount equal to any fees paid by you for your use of Full Throttle WOD.

Reasonableness

By using Full Throttle WOD, you agree that the exclusions and limitations of liability set out in Full Throttle WOD disclaimer are reasonable.

If you do not think they are reasonable, you must not use Full Throttle WOD.

 

Unenforceable provisions

If any provision of Full Throttle WOD disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of Full Throttle WOD disclaimer.

Indemnity

You hereby agree to indemnify and hold harmless us, our members, managers, employees and agents from and against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of Full Throttle WOD’s legal advisers) incurred or suffered by us arising out of (1) your use of Full Throttle WOD; (2) your user content; and (3) any breach by you of any provision of these terms and conditions

Breaches of these terms and conditions

Without prejudice to or limiting our other rights under these terms and conditions and applicable law, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including terminating the license above, suspending your access to Full Throttle WOD, prohibiting you from accessing and/or using Full Throttle WOD, blocking computers using your IP address from accessing Full Throttle WOD, contacting your internet service provider to request that they block your access to Full Throttle WOD and/or bringing court proceedings against you. All of our remedies shall be cumulative.

Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of Full Throttle WOD from the date of the publication of the revised terms and conditions on Full Throttle WOD. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provisions of these terms and conditions will continue in effect.

Entire agreement

These terms and conditions, together with Full Throttle WOD’s Privacy Policy constitute the entire agreement between you and us in relation to your use of Full Throttle WOD, and supersede all previous agreements in respect of your use of Full Throttle WOD.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the state of Idaho without regard to conflicts of laws principles, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of or within the state of, Idaho.

Privacy Policy

Privacy Policy for Full Throttle WOD

Privacy when you visit Full Throttle WOD (the “App & Website”) is important to Full Throttle WOD. This Privacy Policy explains the information we collect from you and how we use your personal information.

Personal Information

Full Throttle WOD may collect personal information from you. “Personal Information” means information that may be used to identify an individual, such as a first and last name or an e-mail address. By using the mobile app or website, you may provide us with your Personal Information to purchase our products or to register to receive information about our products, and to contact you. If you decide to make a purchase within the mobile application you may be asked to provide certain information such as your contact information (name, and e-mail), billing information (credit card number, name on card, billing address, etc.) gender, age, other demographic information. Any Personal Information we collect is not sold, traded, or rented to third parties without your prior approval except in the following situations:

  1. to provide the product(s) you have requested;
  2. to keep you up to date on the latest news and trends in CrossFit, special offers or other information we hope you would find of interest and like to hear about from Full Throttle WOD;
  3. to third parties that provide Full Throttle WOD with technology, services and/or content for the operation and maintenance of our business and helping us to provide you with our products and related information, including businesses and individuals involved in fulfilling orders, delivering packages, sending postal mail and e-mail, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service;
  4. in our business transactions where we might sell certain of our assets wherein Personal Information is an asset;
  5. to comply in good faith with any governmental regulations and/or laws or any court orders;
  6. when Full Throttle WOD reasonably believes that disclosure is necessary or appropriate to prevent (a) physical harm, financial loss, or injury to, or interference with, the rights or property of Full Throttle WOD (including enforcing the Terms and Conditions of our Mobile App), users of the Mobile App and Website, or other third parties, or (b) danger to health and/or safety of the public, or in connection with an investigation of suspected or actual illegal activity; or
  7. to use the information in aggregate form for internal business purposes. Full Throttle WOD may, to the extent permitted by applicable law, share your Personal Information with third parties for marketing and promotion of products and services. As set out below, you do have the option to opt-out of allowing Full Throttle WOD to use such information.

California Residential Customers. For accounts established with California mailing addresses, we will not disclose personal information about you to nonaffiliated third parties except as permitted by the applicable California law. Full Throttle WOD will also limit the sharing of personal information about you with our affiliates to comply with all California privacy laws that apply to us.
Technical Information

We may gather technical information from your Web browser (IP address, operating systems). We may collect anonymous, non-personally identifiable information about your navigation throughout our mobile app and website by using “action tags,” “cookies” or invisible “gifs” placed on our mobile app and website by us. We use this information to determine that you are a unique user, to assist you in the application process, and for assessing the effectiveness of our mobile app and website. We also use this information for routine maintenance.

Accessing and Updating Your Information

Full Throttle WOD takes steps to keep the personal information that you have provided to us accurate and up-to-date. You may update your information by emailing hello@fullthrottlewod.com. Due to constraints on system and date processing resources, implementing a user-requested change to personal information, may take from ten (10) business days to several weeks.

Non-Personal Information

When you use the mobile app or Website, we also automatically log your online address, or Internet protocol address (“IP Address”). Your IP Address may be used to administer and maintain the Mobile app and Website. We may also place a “cookie” on your computer’s hard drive. A cookie is a piece of data that enables us to target and personalize your preferences as well as recognize you as the user. You may remove the cookie from your hard drive. Your browser may reject our cookie. However, if your browser rejects our cookie, you may have limited use of the features of our Website. We may also use web beacons, or small graphic images on a website or in an e-mail that allow Full Throttle WOD and third parties to monitor the activity on the Website to make cookies more effective. We use log files to store the data that is collected through web beacons.

Communications from Full Throttle WOD

Full Throttle WOD may send promotional messages, including coupons and product offers, to your e-mail address or mobile communications device if you “opt in” and explicitly ask to receive such communications. Full Throttle WOD may also send postal mail containing unsolicited offers or product information that we believe may be of interest to you.

Opting Out. You can stop receiving promotional or informational communications from Full Throttle WOD (i) on your mobile communications device (ii) via e-mail messages or (iii) by postal mail, by following the instructions provided in any communications or by contacting hello@fullthrottlewod.com. Should you choose to opt out and no longer receive communications from Full Throttle WOD, please note that to the extent permitted or required by law we may keep the information we have collected about you, including for record keeping, analysis or other reasons.

Until such time as an opt-out request takes effect, you may still receive promotional or other marketing communications from Full Throttle WOD. Although you may have opted not to receive marketing communications, you may still receive business-related communications such as order confirmations and product recall notices.

Customer Service. We may ask you to confirm your personal information when you contact our Customer Service department. This will allow us to protect your confidentiality by verifying your identity.

Protecting Your Information

This privacy statement applies only to the information we collect on our Mobile App and Website. The security of your personal information is very important to us. In order to protect your online transactions, we use Secure Sockets Layer (SSL) technology. This is reflected in the digital certificate that Full Throttle WOD has obtained from Verisign, Inc. If your browser is capable of SSL (most are), your personal information will be encrypted (i.e., encoded), before it is transmitted over the Internet. More specifically, when you enter a secure portion of our Website – one on which your personal information is requested – an image of a closed lock or a solid key should appear in the bottom bar of your browser window. If you click on this image, a popup window displaying Website security information will appear, indicating that your personal information is being transmitted in secure (encrypted) form to a web server authorized by Full Throttle WOD.

When confirming an online order, all digits of your credit card are displayed. We do, of course, transmit the entire credit card number to the appropriate credit card company during order processing.

To maximize your level of protection, you should choose at least 6-30 characters, using a combination of both letters and numbers, upper and lower case characters and a symbol. You are solely responsible for maintaining the secrecy of your password and account information.

Ultimately, you are responsible for maintaining the security of your password and account information. Your personal information is protected by the password that you create when you sign up for an account. To maximize your level of protection, you should choose at least 6-30 characters, using a combination of letters, numbers and characters. In order to further protect against unauthorized access to your account, you should not only keep your password confidential but also limit access to the computer or mobile communications device on which you log into to the Website. After completing a transaction, please be sure to log off.

Online Safety of Children

The online safety of children is important to Full Throttle WOD. Full Throttle WOD does not knowingly solicit or collect information from any individuals under the age of 13. While children under the age of 13 browse our Mobile App or Website, they may not create an account, make a purchase, sign up for e-mail newsletters or participate in contests or surveys. In order to implement this policy, several areas of the Website, including where customers create an account or sign up for e-mail newsletters and alerts, ask for birth year information. This information helps us ensure that children do not provide us with their personally identifiable information. Whenever children use computers and mobile devices, Full Throttle WOD encourages their parents, guardians or care providers to supervise their online activities.