WODTIME TERMS & CONDITIONS OF SERVICE
By using the WODTIME.com website ("Service"), all services of Xworkouts, LLC (Doing business as: "WODTIME"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
ACCOUNT TERMS for Partners and Users
- You are either a Partner or a User of our WODTIME System.
- Partners are: Gym owners, Event hosts, Judges and Coaches that have qualified through WODTIME’s registration process to gain access into our administrative site. The Partners administrative access allows them to: host, promote, sell and manage content information for Users of WODTIME. At any time, Partners may not contact, solicit, or manage content of Users that are not related to their account.
- Users are: athletes, participants, members, spectators, prospective partners and/or users that gain access to Service in order to host a personal profile, input data, communicate with other users, view content and purchase equipment and services. Users will not be given administrative rights unless given permission by a registered partner to gain access to our administrative site. Users that access our administrative site without permission by a partner may be subject to account termination, prosecution and legal action.
- You (Users/Partners) must be at least 16 years or older to use this Service. Under 16 years of age will need written permission from a parent or legal guardian. If in question, proof of age will be a mandatory condition in order to use Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, age, gender and any other information requested in order to complete the sign-up process. Failure to do so will result in termination of use.
- You may not create any separate logins for any other person unless you are a Partner of Wodtime.
- You are responsible for maintaining the security of your account and password. WODTIME cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account in the example of team based events).
- You are not permitted to block ads or spam other members of this service. You are not permitted to promote products, services or events without permission from WODTIME.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Under no circumstances are you to engage in, promote, or display any: sexual, political, violent or abusive language, content, photos and/or videos that are deemed offensive to others. Sexual harassment is not tolerated under any circumstances.
PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
A valid credit card is required for opening an account, whether free or paying.
If you do not cancel that account within 30 days of the expiration of the free period, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
CANCELLATION AND TERMINATION
You are solely responsible for properly canceling your account. An email or phone request to cancel your account will be considered cancellation. You may cancel your account at any time by e-mailing us at email@example.com.
Upon cancellation, all subsequent content will be immediately deleted from the Servic. This information cannot be recovered once your account has been cancelled.
If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again.
Xworkouts, LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Xworkouts service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.
Xworkouts, LLC reserves the right to refuse service to anyone for any reason at any time.
MODIFICATIONS TO THE SERVICE AND PRICES
WODTIME reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
The prices of all Services, including monthly subscription plan fees to the Service, are subject to change upon 30 days notice from Xworkouts, LLC. Such notice may be provided at any time by sending an e-mail notice to your e-mail account registered.
WODTIME shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
COPYRIGHT AND CONTENT OWNERSHIP
All content posted on the Service must comply with U.S. copyright law. Please review our copyright compliance policy.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
WODTIME does not pre-screen content, but WODTIME and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
The look and feel of the Service is Copyright ©2010-2017 Xworkouts, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Xworkouts, LLC.
GENERAL TERMS AND CONDITIONS
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying account holders and is only available via email. You understand that WODTIME uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, WODTIME, or any other WODTIME service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by WODTIME.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any WODTIME customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- WODTIME does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that WODTIME shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WODTIME has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Xworkouts, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and WODTIME and govern your use of the Service, superseding any prior agreements between you and WODTIME (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to our support e-mail address at firstname.lastname@example.org.