TERMS AND CONDITIONS
Last updated 08/16/23
AGREEMENT TO OUR LEGAL TERMS
We are CrossFit 806, doing business as CrossFit 806
(“Company,” “we,” “us,” “our”), a company registered in Texas, United States at
3901 Plains Boulevard Amarillo, TX 79102.
We operate the website https://crossfit806.com (the “Site”),
as well as any other related products and services that refer or link to these
legal terms (the “Legal Terms”) (collectively, the “Services”).
You can contact us by phone at (806) 686-0620, email at
[email protected], or by mail to 3901 Plains Boulevard Amarillo, TX 79102.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (“you”), and
CrossFit 806, concerning your access to and use of the Services. You agree that
by accessing the Services, you have read, understood, and agreed to be bound by
all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Services from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Legal Terms from time to time. We will alert
you about any changes by updating the “Last updated” date of these Legal Terms,
and you waive any right to receive specific notice of each such change. It is
your responsibility to periodically review these Legal Terms to stay informed
of updates. You will be subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised Legal Terms by your
continued use of the Services after the date such revised Legal Terms are
posted.
All users who are minors in the jurisdiction in which they
reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Services. If you
are a minor, you must have your parent or guardian read and agree to these
Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for
your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. SERVICES MANAGEMENT
8. TERM AND TERMINATION
9. MODIFICATIONS AND INTERRUPTIONS
10. GOVERNING LAW
11. DISPUTE RESOLUTION
12. CORRECTIONS
13. DISCLAIMER
14. LIMITATIONS OF LIABILITY
15. INDEMNIFICATION
16. USER DATA
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
18. SMS TEXT MESSAGING
19. CALIFORNIA USERS AND RESIDENTS
20. MISCELLANEOUS
21. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the “Content”), as well as the
trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the
Services “AS IS” for your personal, non-commercial use or internal business
purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including
the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive,
non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to
which you have properly gained access.
solely for your personal, non-commercial use or internal
business purpose.
Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to: [email protected]. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears
or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to
the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions
Please review this section and the “PROHIBITED ACTIVITIES”
section carefully prior to using our Services to understand the (a) rights you
give us and (b) obligations you have when you post or upload any content
through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services
(“Submissions”), you agree to assign to us all intellectual property rights in
such Submission. You agree that we shall own this Submission and be entitled to
its unrestricted use and dissemination for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending
us Submissions through any part of the Services you:
confirm that you have read and agree with our “PROHIBITED
ACTIVITIES” and will not post, send, publish, upload, or transmit through the
Services any Submission that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
to the extent permissible by applicable law, waive any and
all moral rights to any such Submission;
warrant that any such Submission are original to you or that
you have the necessary rights and licenses to submit such Submissions and that
you have full authority to grant us the above-mentioned rights in relation to
your Submissions; and
warrant and represent that your Submissions do not
constitute confidential information.
You are solely responsible for your Submissions and you
expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1)
you have the legal capacity and you agree to comply with these Legal Terms; (2)
you are not a minor in the jurisdiction in which you reside, or if a minor, you
have received parental permission to use the Services; (3) you will not access
the Services through automated or non-human means, whether through a bot,
script or otherwise; (4) you will not use the Services for any illegal or
unauthorized purpose; and (5) your use of the Services will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Services (or any
portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other
than that for which we make the Services available. The Services may not be
used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the
Services to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in
any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with
security-related features of the Services, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Services.
Use any information obtained from the Services in order to
harass, abuse, or harm another person.
Make improper use of our support services or submit false
reports of abuse or misconduct.
Use the Services in a manner inconsistent with any
applicable laws or regulations.
Engage in unauthorized framing of or linking to the
Services.
Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from
any Content.
Attempt to impersonate another user or person or use the
username of another user.
Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection mechanisms”
or “pcms”).
Interfere with, disrupt, or create an undue burden on the
Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees
or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not
limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Services.
Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or launch any
unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on
the Services.
Make any unauthorized use of the Services, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any revenue-generating
endeavor or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content.
We may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to
us or on the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information or
other material (collectively, “Contributions”). Contributions may be viewable
by other users of the Services and through third-party websites. When you
create or make available any Contributions, you thereby represent and warrant
that:
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your Contributions
do not and will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use and to authorize
us, the Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of
each and every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by
the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise objectionable
(as determined by us).
Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in
the legal sense of those terms) any other person and to promote violence
against a specific person or class of people.
Your Contributions do not violate any applicable law,
regulation, or rule.
Your Contributions do not violate the privacy or publicity
rights of any third party.
Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
Your Contributions do not include any offensive comments
that are connected to race, national origin, gender, sexual preference, or
physical handicap.
Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Legal Terms, or any applicable
law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among other things, termination
or suspension of your rights to use the Services.
6. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process,
and use any information and personal data that you provide and your choices
(including settings).
By submitting suggestions or other feedback regarding the
Services, you agree that we can use and share such feedback for any purpose
without compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
7. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1)
monitor the Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
8. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect
while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you
are prohibited from registering and creating a new account under your name, a
fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
9. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the Services or
to supply any corrections, updates, or releases in connection therewith.
10. GOVERNING LAW
These Legal Terms and your use of the Services are governed
by and construed in accordance with the laws of the State of Texas applicable
to agreements made and to be entirely performed within the State of Texas,
without regard to its conflict of law principles.
11. DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of the American Arbitration Association
(“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer
Related Disputes (“AAA Consumer Rules”), both of which are available at the
American Arbitration Association (AAA) website. Your arbitration fees and your
share of arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules. The arbitration may
be conducted in person, through the submission of documents, by phone, or
online. The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Lubbock, Texas. Except as
otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located in Lubbock,
Texas, and the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) are excluded from these Legal
Terms.
In no event shall any Dispute brought by either Party
related in any way to the Services be commenced more than one (1) years after
the cause of action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full extent permitted by
law, (a) no arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
12. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
13. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE
LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) use of the Services; (2) breach
of these Legal Terms; (3) any breach of your representations and warranties set
forth in these Legal Terms; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5) any overt
harmful act toward any other user of the Services with whom you connected via
the Services. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
16. USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of the Services, as well
as data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
18. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from
us, simply reply to the text with “STOP.” You may receive an SMS message
confirming your opt out.
Opting In
By Opting into messages from The Lab, you can expect to
receive SMS notifications, alerts & occasional marketing communication from
The Lab. Message frequency varies.
You can cancel the SMS service at any time. Simply text
“STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe
status via SMS. Following this confirmation, you will no longer receive SMS
messages from us. To rejoin, sign up as you did initially, and we will resume
sending SMS messages to you.
If you experience issues with the messaging program, reply
with the keyword HELP for more assistance, or reach out directly to (806)
686-0620.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for messages
sent to you from us and to us from you. You will receive marketing emails no
more than once per week. For questions about your text plan or data plan,
contact your wireless provider.
For privacy-related inquiries, please refer to our privacy
policy: https://clients.crossfit806.com/privacy-policy
19. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you
can contact the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at
(800) 952-5210 or (916) 445-1254.
20. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted
by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You agree
that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
21. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please contact us
at:
CrossFit 806
3901 Plains Boulevard Amarillo, TX 79102
Phone: (806) 686-0620