TERMS OF USE
Effective Date: January 25, 2018.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES.
Overview
It’s important that you read this entire Terms of Use (“Terms”); but, here are some of the more significant terms that we want to bring to your attention (click on section reference for details):
• Each time you use the Site, these Terms and any applicable Additional Terms (defined below) apply. Any updates to them will apply to you; so you should check back each time you return for any updates.
• You may only use the Content (defined below) on the Site in connection with your permitted activities on the Site and not in an offline environment or in connection with another site or service. (Section 1 and Section 3)
• You grant us a broad license to content you post or submit. (Section 2)
• Except as set forth in the Privacy Policy that applies to the Site, you and Rugged Fitness do not have a confidential, fiduciary, or any other special relationship by virtue of your use of the Site or your communications to Rugged Fitness through or related to the Site. (Section 2)
• You consent to our Privacy Policy and our practices detailed in it.
• Many types of disputes that may arise in connection with your access to and use of the Site are subject to mandatory arbitration – which includes your waiver of a right to a jury trial. (Section 11)
• We are providing the Site to you on an “as-is” basis, without any warranty of any kind, and our liability to you in connection with your use of the Site is very limited. Many other limitations and disclaimers relate to your use of the Site. (Section 12 and Section 13)
Introduction
Welcome to the Rugged Fitness web site, currently available at www.ruggedfitness.com (the “Site”)! The Site is provided by Rugged Fitness Incorporated ("Rugged Strength & Fitness" “Rugged Fitness,” “we,” “our” or “us”). These Terms govern your use of the Site, regardless of how you access or use it. By “Site”, we mean any Internet domain address where these Terms are posted and all features, widgets, applications, content, and downloads that are operated by us and that are available through or interact with it, and/or post links to these Terms. By using the Site, you acknowledge and accept the Site’s Privacy Policy and consent to the collection, use and management of your data in accordance with the Privacy Policy. By using the Site, you further agree that Rugged Fitness may change, alter, or modify the settings or configurations on your Device (defined below) in order to allow for or optimize your use of the Site.
If You Want to Use This Site,
then carefully read these Terms, as they constitute a written agreement between you and Rugged Fitness and they affect your legal rights and obligations. Each time you access and/or use the Site (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below). Therefore, do not use the Site if you do not agree.
The business realities associated with operating the Site are such that, without the limitations that are set forth in these Terms -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Site available to you.
By accessing and/or using any of the Site, you agree to be bound by these terms. In some instances, both these Terms and separate guidelines, rules, or terms of use, service or sale setting forth additional or different terms and/or conditions will apply to your use of the Site or to a service or product offered via the Site (in each such instance, and collectively, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of the Site’s Privacy Policy, which you accept by using the Site.
Table of Contents
It is important that you read and understand the entire Terms before using the Site. This table of contents highlights key issues and points and you can click on the headings and “More” buttons to be taken to the full explanation.
- Site Content, Ownership, Limited License, and Rights of Others
We only grant you a limited revocable license to use the Site. More
- Content You Submit and Community Usage Rules
You grant us a broad license, which we may sublicense, to your content. More
- Site and Content Use Restrictions
Your use is subject to our rules. More
- Opening and Terminating Accounts; and Profiles
You may open, revise and close your accounts, change your profile and manage your license. More
- Procedure for Alleging Copyright Infringement
Copyright owners may give us notice of infringement. More
- Procedure for Alleging Infringement of Other Intellectual Property
You can also give notice of trademark and other infringements. More
- Notices and Site Questions
Click here to visit our contact us page. You agree we may provide you notices, including of new terms and conditions, by posting notice on the home page or by other reasonable means, such as to the e mail address you provided. More
- Links by You to the Site
You may link to our sites, subject to some basic rules. More
- Linked-To Websites; Advertisements; Dealings with Third Parties
We are not responsible for third parties or their apps or sites. More
- Wireless
Wireless carrier charges may apply. More
- Dispute Resolution
You agree to arbitrate most disputes and waive jury trial and class actions. More
- Disclaimers
We disclaim most warranties and provide the Site “As Is”. More
- Limitations of our Liability
Our liability is greatly limited. More
- Waiver of Injunctive or Other Equitable Relief
You waive equitable or injunctive relief. More
- General Provisions
You agree to various other terms and conditions. More
Full Details of Terms of Use
1. Site Content, Ownership, Limited License, and Rights of Others
A. Content. The Site contains a variety of: (i) materials and other items relating to Rugged Fitness and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, articles, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Rugged Fitness (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
B. Ownership. The Site (including past, present, and future versions) and the Content are owned or controlled by Rugged Fitness and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of Rugged Fitness or our licensors or certain other third parties, and is protected by U.S., and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. Rugged Fitness owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
C. Limited License. Subject to your strict compliance with these Terms and the Additional Terms, Rugged Fitness grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play and/or print the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) and/or print one copy of the Content for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Site explicitly for you for use as part of your User-Generated Content (defined below) (“Rugged Fitness Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Rugged Fitness Licensed Elements are made available on the Site; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Rugged Fitness Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Rugged Fitness’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or Rugged Fitness Licensed Elements, subject to certain Additional Terms.
D. Rights of Others. In using the Site, you must respect the intellectual property and other rights of Rugged Fitness and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Rugged Fitness respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Site, then please see Section 5 and Section 6 below.
2. Content You Submit and Community Usage Rules
(i) General. Rugged Fitness may now or in the future offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “submit”) messages, text, avatars, illustrations, files, images, articles, books, acadamy materials, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Rugged Fitness Licensed Elements included therein, “User-Generated Content”). Rugged Fitness may allow you to do this through your Profile Page (defined below), forums, blogs, message boards, social networking environments, content, creation tools, gameplay, social communities, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.
(ii) Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Site’s posted Privacy Policy or any Additional Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) Rugged Fitness does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Rugged Fitness’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk.
In your communications with Rugged Fitness, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, web sites, apps, software, books, scripts, screenplays, motion pictures, television shows, theatrical productions, or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Site are deemed User-Generated Content and licensed to us as set forth below. In addition, Rugged Fitness retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Rugged Fitness’s receipt of your Unsolicited Ideas and Materials is not an admission by Rugged Fitness of their novelty, priority, or originality, and it does not impair Rugged Fitness’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
(iii) License to Rugged Fitness of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User-Generated Content), you hereby grant to Rugged Fitness, and you agree to grant to Rugged Fitness, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to Rugged Fitness to your User-Generated Content, you also hereby grant to Rugged Fitness, and agree to grant to Rugged Fitness, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2(A)(iii).
(iv) Rugged Fitness’s Exclusive Right to Manage our Venue. Rugged Fitness may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Rugged Fitness may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (defined in Section 2(B)). Such User-Generated Content submitted by you or others need not be maintained on the Site by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Site or elsewhere.
(v) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Rugged Fitness the rights to it that you are granting by these Terms and any Additional Terms, all without any Rugged Fitness obligation to obtain consent of any third party and without creating any obligation or liability of Rugged Fitness; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Rugged Fitness’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.
(vi) Enforcement. Rugged Fitness has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Rugged Fitness’s cost and expense, to which you hereby consent and irrevocably appoint Rugged Fitness as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
B. Community Usage Rules. As a user of the Site, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Site’s online communities (“Communities”).
(i) Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:
• Your User-Generated Content. All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears or is referred to in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to Rugged Fitness. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Rugged Fitness as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.)
• Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Site, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
• Act Appropriately. All of your Site activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Site. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, physical handicap or any other prohibited grounds of discrimination. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
• Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
• Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity. User-Generated Content that constitutes “junk mail”, “spam”, “chain letters”, pyramid schemes” or other forms of solicitation is prohibited.
• Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
• Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and User-Generated Content that you submit on the Site within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
• Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Rugged Fitness.
• Don’t Damage the Site or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Site or any computer or other Device.
If you submit User-Generated Content that Rugged Fitness reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Site.
(ii) Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
C. Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to: [email protected]. For alleged infringements of intellectual property rights, see Section 5 and Section 6, below.
3. Site and Content Use Restrictions
A. Site Use Restrictions. You agree that you will not: (i) aside from managing your account in the event you are an Rugged Fitness authorized dealer, use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Rugged Fitness Trademarks or trade names; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Rugged Fitness; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Rugged Fitness, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the User-Generated Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, including e-mail addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.
B. Content Use Restrictions. You also agree that, in using the Site: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the Rugged Fitness Licensed Elements, if applicable); (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Rugged Fitness or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Availability of Site and Content. Rugged Fitness may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them), in whole or in part, for any reason, in Rugged Fitness’s sole discretion, and without advance notice or liability.
D. Reservation of All Rights Not Granted as to Content and Site. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Rugged Fitness and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
4. Opening and Terminating Accounts; and Profiles
A. Opening and Terminating Accounts. In order to access or use some (or potentially all) of the features on the Site, including, without limitation, the Built For Life Club, you must first register through our online registration process here and create a unique personal profile (the “Profile Page”), which will allow you to submit User-Generated Content to the Site. The Site’s practices governing any resulting collection, use, disclosure and management of your personal information are disclosed in its Privacy Policy. If you are under the age of majority in the jurisdiction in which you reside, then you are not permitted to register as a user, create a Profile Page or otherwise submit personal information to Rugged Fitness.
During registration, you will create a username and password which may permit you access to certain areas of the Site not available to non-registered users. You agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it, including on your Profile Page, continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Site using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security at: [email protected]; and (vi) You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
B. Profiles. Your Profile Page may not include any form of prohibited User-Generated Content, as outlined in Section 2(A) above and in our Rules. Without limiting the foregoing, Profile Pages may not include content that you are attempting to sell through the Site. The Site is for the personal use of its users and may only be used for direct commercial purposes if they are specifically authorized by us. We reserve the right to remove commercial content in our sole discretion. Without limiting the generality of the commercial use restrictions, the unauthorized collection of usernames, user id numbers or similar designation, and/or email addresses of users by electronic or other means, or employing third party promotional sites or software to promote Profile Pages for money, is prohibited. Commercial advertisements, endorsements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Profile Pages without notice or explanation and may result in termination of Site user privileges.
We may offer you the ability to set preferences relating to your profile or Site activities, but settings may not become effective immediately or be error free, and options may change from time-to-time. We assume no responsibility or liability for users’ profile material. Profile Pages may only be set up by an authorized representative of the individual that is the subject of the Profile Page. We do not review Profile Pages to determine if they were created by an appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on the Site. If there is any dispute as to whether a Profile Page has been created or is being maintained by an authorized representative of the individual who is the subject of that Profile Page, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion. Such resolution may include, without limitation, deleting or disabling access to Profile Pages, or any portion thereof, at any time without notice.
5. Procedure for Alleging Copyright Infringement
A. DMCA Notice. Rugged Fitness will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears);
(iv) your full name, address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
Rugged Fitness will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses below:
By Mail: Rugged Strength & Fitness, 1900 S. Des Plaines Avenue, Forest Park, Illinois 60130 (Attn: Legal)
By E-Mail: [email protected]
By Facsimile: 708-427-3556
It is often difficult to determine if your copyright has been infringed. Rugged Fitness may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Rugged Fitness may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Rugged Fitness’s other rights, Rugged Fitness may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other website owned or operated by Rugged Fitness. See Section 4, above.
B. Counter-Notification. If access on the Site to a work that you submitted to Rugged Fitness is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(i) a legend or subject line that says: “DMCA Counter-Notification”;
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Site from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, e-mail address, and the username of your account;
(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed of disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
6. Procedure for Alleging Infringement of Other Intellectual Property
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice to the addresses set forth above that includes all of the following:
(a) a legend or subject line that says: “Intellectual Property Infringement Notice”;
(b) a description of the intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears);
(d) your full name, address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
(g) your electronic or physical signature.
We will act on such notices in our sole discretion. Any user of the Site that fails to respond satisfactorily to Rugged Fitness with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Site, or in another reasonable manner; and (2) we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address by updating your Profile. All legal notices to us must be sent to: Rugged Fitness Incorporated, 1900 S. Des Plaines Avenue, Forest Park, Illinois 60130 (Attn: Legal). If you have a question regarding using the Site, you may contact Rugged Fitness’s Webmaster by sending an e-mail to [email protected]. You acknowledge that the provision of customer support related to the Site is at Rugged Fitness’s sole discretion.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any trademarked logos or graphics that are owned by or licensed to Rugged Fitness, (b) the links and the content on your website do not suggest any affiliation with Rugged Fitness or cause any other confusion, and (c) the links and the content on your website do not portray Rugged Fitness or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Rugged Fitness. Rugged Fitness reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
9. Linked-To Websites; Advertisements; Dealings with Third Parties
A. Linked Sites; Advertisements. The Site may contain links, as part of third-party offers on the Site (e.g., from credit issuing institutions) or otherwise, to or from third-party websites (“Linked Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Rugged Fitness. Rugged Fitness may have no control over the content, operations, policies, terms, or other elements of Linked Sites, and Rugged Fitness does not assume any obligation to review any Linked Sites. Rugged Fitness does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Rugged Fitness is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, Rugged Fitness will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. Rugged Fitness disclaims all liability in connection therewith. We encourage you to review the terms and privacy policies of third parties before using their websites.
B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to content, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Rugged Fitness disclaims all liability in connection therewith.
A. Wireless Features. The Site may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Site’s features and upload content to the Site, receive messages from the Site, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
B. Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site for Wireless Features, then you agree to notify Rugged Fitness of any changes to your wireless contact information (including phone number) and update your accounts on the Site to reflect the changes.
Certain portions of this Section 11 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Rugged Fitness agree that we intend that this Section 11 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 11 can only be amended by mutual agreement.
A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Rugged Fitness’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 11(D)), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 11(A). Your notice to us must be sent to: Rugged Fitness Incorporated, 1900 S. Des Plaines Avenue, Forest Park, Illinois 60130 (Attn: Legal). For a period of sixty (60) days from the date of receipt of notice from the other party, Rugged Fitness and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Rugged Fitness to resolve the Dispute or Excluded Dispute on terms with respect to which you and Rugged Fitness, in each of our sole discretion, are not comfortable.
B. Forums for Alternative Dispute Resolution.
(i) Arbitration. If we cannot resolve a Dispute as set forth in Section 11(A) within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal.