New Breed Athlete Terms & Conditions
Last Updated: January 9, 2018
Visiting www.new-breed-athlete.com or sending emails to NEW BREED ATHLETE constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that NEW BREED ATHLETE is not responsible for third party access to your account that results from theft or misappropriation of your account. NEW BREED ATHLETE and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
NEW BREED ATHLETE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.new-breed-athlete.com only with permission of a parent or guardian.
NEW BREED ATHLETE does not off refunds on annual package purchases nor do we offer refunds on monthly subscription packages for partial months. You may cancel your subscription package as follows: visit https://www.new-breed-athlete.com/unsubscribe-breedx and fill out the unsubscribe form. You can cancel your BREEDX subscription anytime up until 24 hours prior to when your next recurring payment is scheduled to be processed. We do not offer refunds or credits for partial months.
Links to Third Party Sites/Third Party Services
www.new-breed-athlete.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of NEW BREED ATHLETE and NEW BREED ATHLETE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NEW BREED ATHLETE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NEW BREED ATHLETE of the site or any association with its operators.
Certain services made available via www.new-breed-athlete.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.new-breed-athlete.com domain, you hereby acknowledge and consent that NEW BREED ATHLETE may share such information and data with any third party with whom NEW BREED ATHLETE has a contractual relationship to provide the requested product, service or functionality on behalf of www.new-breed-athlete.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NEW BREED ATHLETE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. All rights in the Website, including copyright, the content and design of the Website, is owned by NEW BREED ATHLETE used under license from third party owners. Any use of this Website or its contents, including copyright or storing it or them in whole or part, other than for your personal or non-commercial use is prohibited without the written permission of NEW BREED ATHLETE. You are prohibited from copying, modifying, transmitting, distributing, selling, displaying, licensing or reproducing any content including images and other media on this Website for any commercial purpose.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NEW BREED ATHLETE content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NEW BREED ATHLETE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NEW BREED ATHLETE or our licensors except as expressly authorized by these Terms.
All Content and all trademarks, service marks, trade dress, logos, and tag lines displayed on the Site (collectively, the “Marks”) are the sole and exclusive property of NEW BREED ATHLETE. You are not granted any right or license, either express or implied, in any Mark, patent, trade secret, right of publicity, or other intellectual or proprietary right of NEW BREED ATHLETE.
Third Party Accounts
You will be able to connect your NEW BREED ATHLETE account to third party accounts. By connecting your NEW BREED ATHLETE account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by NEW BREED ATHLETE from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NEW BREED ATHLETE Content accessed through www.new-breed-athlete.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless NEW BREED ATHLETE, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NEW BREED ATHLETE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NEW BREED ATHLETE in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NEW BREED ATHLETE agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEW BREED ATHLETE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NEW BREED ATHLETE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEW BREED ATHLETE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
By using the Website you understand and agree that you are using it, and any of the information contained therein, at your own risk. The Website, its services, related graphics and text are provided “as is”, and to the extent permitted by applicable law, NEW BREED ATHLETE and its affiliates, employees, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors and other parties involved in the creation, production or delivery of the Website, expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee, or representation, whether oral, written or in electronic format, including but not limited to the accuracy or completeness of any information contained therein or provided by the Website and its services. In addition to this, NEW BREED ATHLETE accepts no responsibility for any information presented by a third party, including but not limited to, information presented by Members or other users of the Website either on the pages of the Website, or through the Community or blogs. If a user takes any action in response to such information then the user acknowledges that NEW BREED ATHLETE shall have no liability in connection with such action taken by a user.
Anything on this Website, on any newsletters, information sheets and/or associated emails or documentation sent to you is for general information purposes only. As with all programs, techniques, and materials related to health, exercise and fitness, you are strongly urged to consult your doctor and have a physical examination before using any of the products and/or services made available by or through NEW BREED ATHLETE, or if you choose to use any of the advice or information provided to you by NEW BREED ATHLETE. If you choose not to obtain a doctor's permission prior to beginning a program with NEW BREED ATHLETE then you are doing so at your own risk. NEW BREED ATHLETE shall not be held liable in any way whatsoever for any inaccuracy, misunderstanding or expectation drawn from the content of the Website.
Notwithstanding the above, it is recognised that the liability of NEW BREED ATHLETE will not be limited in the case of death or personal injury directly caused by the negligence of NEW BREED ATHLETE, or in respect of any fraudulent misrepresentation, or any other liability which it cannot exclude by law.
NEW BREED ATHLETE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NEW BREED ATHLETE as a result of this agreement or use of the Site. NEW BREED ATHLETE's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NEW BREED ATHLETE's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NEW BREED ATHLETE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NEW BREED ATHLETE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NEW BREED ATHLETE with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
NEW BREED ATHLETE reserves the right, in its sole discretion, to change the Terms under which www.new-breed-athlete.com is offered. The most current version of the Terms will supersede all previous versions. NEW BREED ATHLETE encourages you to periodically review the Terms to stay informed of our updates.
NEW BREED ATHLETE welcomes your questions or comments regarding the Terms. You may contact us anytime at firstname.lastname@example.org.