This is a legal agreement (“Agreement”) between you and Athletic Xtreme (AX), which may be contacted at 2245 W University, Suite #5, Tempe, AZ 85281. By registering for the online training program, currently located at www.athleticxtreme.com (the “Site”) you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE Services.
Minimum Age. You must be at least 16 years old to use the Site (or the age of majority in your jurisdiction, if it is older), and at least 18 years old to register for this site. By using this site, you represent and warrant that you are at least 18 years old.
Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AX and New Star Athletics is not responsible for third party access to your account that results from theft or misappropriation of your user information and passwords.
You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with New Star Athletics trainers.
Risk Assumption and Precautions. YOU HEREBY ACKNOWLEDGE THAT AX MAKES NO WARRANTIES AND DOES NOT GUARANTEE INDIVIDUAL RESULTS. YOU, NOT AX, ARE PERSONALLY RESPONSIBLE FOR THE ACHIEVEMENT OF INDIVIDUAL PERFORMANCE GOALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT PHYSICAL EXERCISE IS INHERENTLY DANGEROUS AND CARRIES WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY AND PROPERTY LOSS. YOU UNDERSTAND AND AGREE THAT YOU ASSUME THE RISK OF PARTICIPATING IN THE TRAINING AND ACTIVITIES RECOMMENDED BY AX AND NEW STAR ATHLETICS TRAINERS, ITS AGENTS AND REPRESENTATIVES. YOU HAVE NOT BEEN ADVISED AGAINST PARTICIPATION IN A PHYSICAL EXERCISE PROGRAM BY A QUALIFIED HEALTH PROFESSIONAL.
No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. AX PROVIDES THE Services ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE Services OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AX DOES NOT WARRANT THAT YOUR USE OF THE Services WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE.
Limitation of Liability and Indemnification. IN NO EVENT WILL AX or NEW STAR ATHLETICS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE Services, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, Services INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE Services, EVEN IF AX KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN CONSIDERATION OF THIS AGREEMENT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF (1) YOUR USE OF OR INABILITY TO USE THE SITE OR Services, INCLUDING CLAIMS OR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY OR PROPERTY DAMAGE, MEDICAL OR ECONOMIC LOSSES; (2) ANY USER POSTINGS MADE BY YOU; (3) YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; OR (4) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. AX 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 AX IN ASSERTING ANY AVAILABLE DEFENSES. THIS AGREEMENT SHALL BE BINDING UPON YOUR HEIRS, ASSIGNEES, SUCCESSORS AND PERSONAL REPRESENTATIVES. YOU HEREBY FURTHER STATE THAT YOU CURRENTLY SUFFER FROM NO PHYSICAL OR MENTAL CONDITION THAT WOULD IMPAIR YOUR ABILITY TO FULLY PARTICIPATE IN THIS AGREEMENT.
