IMPORTANT NOTE: SECTION XVIII CONTAINS A BINDING DISPUTE RESOLUTION CLAUSE AND CLASS ACTION WAIVER THAT MAY AFFECT YOUR RIGHTS CONCERNING ANY DISPUTE BETWEEN YOU AND SPORTIQ. PLEASE READ IT.
Last updated: September 6, 2018
- Authorized Users
You hereby represent and agree that (i) you are a natural person and (ii) you are a registered user of the Application. User Account and Password:As a registered user of the Application, you must establish an account. You are solely responsible for protecting the confidentiality of such account, including, but not limited to, protecting your password. You should never disclose your account information or password to anyone. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your account information or computer or mobile device used to access the Application), you must promptly change the affected account information and notify SportIQ. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITIES WHICH OCCUR THROUGH YOUR ACCOUNT. You agree to immediately notify us of any unauthorized use of your account. WE ARE NOT RESPONSIBLE FOR ANY LOSSES ARISING OUT OF UNAUTHORIZED USE OF YOUR ACCOUNT.
- Your Responsibilities
You will comply with all applicable local, state, federal laws when using the Application and, not use the Application in a manner that would violate any applicable local or foreign laws. You shall use the Application solely for your personal use and shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Application available to any third party; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iv) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the Application or the data contained therein; or (vi) attempt to gain unauthorized access to the Application or its related systems or networks.NOTE TO AMATEUR ATHLETES – YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE APPLICATION OR PARTICIPATION IN ACTIVITIES RELATED TO THE SPORTIQ PRODUCTS OR THE APPLICATION DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. SPORTIQ IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE SPORTIQ PRODUCTS OR THE APPLICATION RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
- Permitted Uses
Subject to the terms and conditions herein, we hereby grant you a limited, nontransferable, nonexclusive, revocable, nonsublicenseable, personal right to access and use the Application, solely for your personal, noncommercial use. SportIQ retain all right, title, and interest in and to the Application and any and all content or other work of authorship made available through the Application not expressly granted to you herein.
- Additional Restrictions
The limited license granted to you pursuant to the Terms does not include any resale or commercial use of the Application or any content made available through the Application. You may not reproduce, duplicate, copy, sell, resell, modify, reverse engineer, decompile, disassemble or create derivative works of or otherwise exploit for any commercial purpose the Application, the content thereof, or any portion of the foregoing, without express written consent of SportIQ. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SportIQ and our affiliates or licensors without our express written consent. None of the Application or the content thereof may be retransmitted without the express written consent of SportIQ, nor may it be used on any other web site or stored on any networked computer environment. You may not use any metatags or any other “hidden text” utilizing SportIQ’s name or trademarks without the express written consent of SportIQ. Any unauthorized use terminates the permission and/or license granted by SportIQ without the need for further action by SportIQ.
- Customer Support
If you have any questions or concerns about your account, please contact Customer Support at firstname.lastname@example.org.
- Your Information
You own all of your own personal data that is captured and stored via the Application. SportIQ is not responsible to make any data available outside the normal use of the Application.
- Third Party Content
- User Generated Content
SportIQ does not, and you agree: (i) that SportIQ has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Application (including, without limitation, in or on bulletin boards, chat rooms, comment pages, community pages or other forums on the Application) (collectively, "User Generated Content"), (ii) that SportIQ is not in any manner responsible for User Generated Content, that SportIQ does not guarantee the accuracy, integrity or quality of User Generated Content, (iii) and that SportIQ cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Application. You acknowledge that by providing you with the ability to access and view User Generated Content on the Application, SportIQ is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Application. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of SportIQ or its affiliated or related entities or content providers.Notwithstanding the foregoing, you acknowledge and agree that SportIQ has the absolute right to monitor User Generated Content posted on the Application in its sole discretion. In addition, SportIQ reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.
You agree that you shall immediately notify SportIQ in writing of any objectionable content appearing on the Application. SportIQ will make good faith efforts to investigate allegations that any User Generated Content violates the Terms but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.
Any use of any content on the Application, including, without limitation, User Generated Content will be at your own risk.
- Use of Information Submitted
You agree that SportIQ is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to the Application, or created by you while accessing the Application (including, without limitation, any designs or other materials created or submitted by you on the Application), or contained in any communication you may send to SportIQ or submit to the Application without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Application or other products or services.
- Intellectual Property
All intellectual property in or to the Application (except for User Generated Content) is owned by SportIQ or their respective licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by SportIQ or their respective licensors. All content on the Application (except for User Generated Content), including but not limited to animation, text, software, images, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under applicable copyright laws and is the exclusive proprietary property of SportIQ or their respective licensors. All rights are reserved.
- Mobile and Other Devices
We currently provide certain services over the Application for free or included with your purchase of a SportIQproduct, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
- Health Notice
The Application may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. SportIQ is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Application.
- Additional Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Application, including contests, promotions or other similar features, all of which terms are made a part of the Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between the Terms and the terms posted for or applicable to a specific portion of the Application or for any service offered on or through the Application, the latter terms shall control with respect to your use of that portion of the Application.
- General Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION AND ALL CONTENT THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING ANY OF THE FOREGOING, NONE OF SPORTIQ OR THEIR AFFILIATES OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “SPORTIQ PARTIES”) WARRANT THAT THE APPLICATION WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVER THAT MAKES THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE APPLICATION, THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE APPLICATION, AND THAT NONE OF THE SPORTIQ PARTIES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE APPLICATION.
- Limitation of Liability
YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THE APPLICATION AND/OR OUR CONTENT IS TO STOP USING THE APPLICATION AND/OR THE CONTENT. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE SPORTIQ PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE APPLICATION OR ANY OF THE CONTENT, INCLUDING: LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE SPORTIQ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE SPORTIQ PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THE TERMS OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY SPORTIQ PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURSIDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE JURISDICTION, THE SPORTIQ PARTIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE SPORTIQ PARTIES’ AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100 USD).
You agree to defend, indemnify and hold the SportIQ Parties harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Application and/or any content thereof.
You acknowledge and agree that SportIQ may suspend or terminate your access to and use of the Application at any time, with or without cause, in SportIQ’s absolute discretion and without notice, including for any breach of the Terms. The relevant version of the Terms shall continue to apply to all prior use of the Application. The following paragraphs of the Terms shall survive termination of your use or access to the Application: paragraphs concerning indemnification, disclaimers, limitations of liability, termination and general provisions and any other provision that by its terms survives termination of your use of or access to the Application.
- Dispute Resolution and Class Action Waiver
This Section applies to any dispute EXCEPT THAT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, SPORTIQ’s, OR EITHER OF OUR LICENSOR’S INTELLECTUAL PROPERTY RIGHTS. “Dispute” means any dispute, action, or other controversy between you and SportIQ concerning the Application, this Agreement, or any product or service offered, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.
a. Notice of Dispute.In the event of a dispute, you or SportIQ must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute to our head offices at Jauhokuja 3, 00920 Helsinki, Finland. SportIQ will send any Notice of Dispute to you to your address if we have it, or otherwise to your e-mail address. You and SportIQ will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or SportIQ may commence legal proceedings.b. Consumer Disputes Board.You may also be able to bring the matter to the Consumer Disputes Board in Finland or to a similar body in other jurisdictions, if permitted by applicable law.
c. Legal Venue. If you and SportIQ do not resolve any dispute by informal negotiation or with the aid of the Consumer Disputes Board, you and SportIQ may bring the dispute to be resolved in a court of law, with the District Court of Helsinki, Finland, as the court of first instance. You hereby irrevocably, to the maximum extent permitted by law, (i) submit to the exercise of personal jurisdiction over you by said court and (ii) waive any jurisdictional, venue, or inconvenient forum objections to said court.
d. Class Action Waiver. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR SPORTIQ WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED PROCEEDINGS.
e. Claims or Disputes Must Be Filed Within One Year.To the extent permitted by law, any claim or dispute relating to the Application, this Agreement, or any product or service offered must be filed within one year. The one-year period begins when the event giving rise to the claim first arose or when the Notice of Dispute was filed, whichever occurs earlier. If a claim or dispute is not filed within one year, it is permanently barred.
- General Provisions
a. Interpreting the Contract.All parts of this Agreement apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence. If any terms or provisionsof this Agreement are held to be void, illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected and those terms shall be replaced with similar terms to the extent enforceable under the relevant law.Other terms may apply if you purchase products or services from other websites.b. We may assign, transfer or otherwise dispose our rights and obligations under this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or transfer any rights under it.
c. Third-Party Beneficiaries.SportIQ’s affiliates and parent companies are third party beneficiaries of these Terms. Upon your acceptance of these Terms, SportIQ’s affiliates and parent companies will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
d. No Waiver. Failure by SportIQto enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right.
e. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Finland, excluding its choice of law provisions.
f. Entire Agreement. This Agreement constitutes the entire agreement between you and SportIQwith respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreement not specifically incorporated herein.