TERMS OF SERVICE

Overview:

At Athletes Research Institute we provide fitness training, periodization, and monitoring services. Our service is designed to help you maximize your fitness and help prevent injuries and in turn we have to collect some basic information from you. Make sure you understand the terms of service prior to signing up for an account.

Terms of Service:

The following terms and conditions govern all use of the fitfor90.com/athleteri.com website and all content, services and products available at or through the website. The Website is owned and operated by Athletes Research Institute, Inc. (“ARI”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ARI’s Privacy Policy) and procedures that may be published from time to time on this Site by ARI (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ARI, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Payment and Renewal.

    • General Terms. Paid services such as Team Periodization, Player monitoring, or Individual Player Training are available on the Website. If you or your team, club, coach, administrator, manager, etc. has paid for your subscription you will have access to the service during the time frame paid for by that individual or organization. By selecting a subscription plan you agree to pay ARI the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an account and will cover the use of that service for a monthly, semi-annual, or annual subscription period as indicated. Fees are not refundable.
    • Automatic Renewal. Unless you notify ARI before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time in the dashboard or by contacting us. Automatic Renewal will not apply to individual players who have been given access to the service and will be limited to those individuals who have signed up independently or as the responsible party for a group plan or team periodization.
  2. General Use.

    • Permitted Use. You may use fitfor90.com/athleteri.com as an active team or player.
    • Restricted Use. You may not use fitfor90.com/athleteri.com to substantially replicate products or services offered by ARI and ARI, including the republication of fitfor90.com/athleteri.com content or the creation of workouts, training sessions, drills, interface design, etc. You may not provide access to others with your Fitfor90 log in details unless expressly agreed to in writing by Fitfor90. If ARI believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the fitfor90.com/athleteri.com may be temporarily or permanently revoked, with or without notice.
  3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which fitfor90.com/athleteri.com links, and that link to fitfor90.com/athleteri.com. ARI does not have any control over those websites and webpages, and is not responsible for their contents or their use. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ARI disclaims any responsibility for any harm resulting from your use of other websites and webpages.

  4. Copyright Infringement. As ARI asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by fitfor90.com/athleteri.com violates your copyright, you are encouraged to notify ARI. ARI will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
  5. Intellectual Property. This Agreement does not transfer from ARI to you any ARI or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ARI. ARI, Fitfor90, fitfor90.com/athleteri.com, the fitfor90.com/athleteri.com logo, and all other trademarks, service marks, graphics and logos used in connection with fitfor90.com/athleteri.com, or the Website are trademarks or registered trademarks of ARI. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ARI or third-party trademarks. None of the information on this site may be copied, distributed or transmitted in any way for commercial use without the express written consent of ARI.
  6. Changes. ARI reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ARI may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  7. Termination. ARI may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your fitfor90.com/athleteri.com account (if you have one), you may simply discontinue using the Website and cancel your subscription. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  8. Disclaimer of Warranties. The Website is provided “as is”. ARI and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title and non-infringement. Neither ARI or its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  9. Limitation of Liability. In no event will ARI, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special incidental or consequential damages, (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ARI under this agreement during the twelve (12) month period prior to the cause of action. ARI shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the ARI Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  11. Indemnification. You agree to indemnify and hold harmless ARI, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  12. Miscellaneous. This Agreement constitutes the entire agreement between ARI and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ARI, or by the posting by ARI of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of North Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Wake County, North Carolina. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Raleigh, North Carolina, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ARI may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

PRIVACY POLICY

Your privacy is critically important to us. At ARI we have a few fundamental principles:

  • We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your income level for no apparent reason.)
  • We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don’t store personal information on our servers unless required for the on-going operation of one of our services.

Below is our privacy policy, which incorporates these goals: If you have questions about deleting or correcting your personal data please contact our support team.

It is ARI’s policy to respect your privacy regarding any information we may collect while operating our website.

Website Visitors

Like most website operators, ARI collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. ARI’s purpose in collecting non-personally identifying information is to better understand how ARI’s visitors use its website. From time to time, ARI may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

ARI also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on fitfor90.com/athleteri.com blogs. ARI only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses are visible and disclosed to the administrators of the blog where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to ARI websites choose to interact with ARI in ways that require ARI to gather personally-identifying information. The amount and type of information that ARI gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at fitfor90.com/athleteri.com to provide a username or email address. Those who engage in transactions with ARI – by purchasing access to Fitfor90 Periodization, Player monitoring, or Individual Player training, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, ARI collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with ARI. ARI does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

ARI may collect statistics about the behavior of visitors to its websites. ARI may display this information publicly or provide it to others. However, ARI does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

ARI discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on ARI’s behalf or to provide services available at ARI’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using ARI’s websites, you consent to the transfer of such information to them. ARI will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, ARI discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when ARI believes in good faith that disclosure is reasonably necessary to protect the property or rights of ARI, third parties or the public at large. If you are a registered user of a ARI website and have supplied your email address, ARI may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Fitfor90 and our products. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users, while keeping your name anonymous. ARI takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. ARI uses cookies to help identify and track visitors, their usage of ARI website, and their website access preferences. ARI visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using ARI’s websites, with the drawback that certain features may not function properly without the aid of cookies.

Business Transfers

If ARI, or substantially all of its assets, were acquired, or in the unlikely event that ARI goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of ARI may continue to use your personal information as set forth in this policy.

Privacy Policy Changes

Although most changes are likely to be minor, ARI may change its Privacy Policy from time to time, and in ARI’s sole discretion. ARI encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a fitfor90.com/athleteri.com account, you should also check your dashboard and email for alerts to these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.