Terms of Use

Acceptance of Terms

The Bracey Performance Website and Bracey Performance Apps, and its related services, are offered to you and conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Bracey Performance Website constitutes your agreement to all such terms, conditions and notices. Your use of a particular section of the Bracey Performance Website or the Bracey Performance Apps may also be subject to additional terms, as set forth in such section.  Further, you agree to be bound by any additional terms (“Additional Terms”), which may be required by BRACEY PERFORMANCE LLC, with respect to any individual services that you request from us.

In the event that any of the terms, conditions and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Bracey Performance Website and the Bracey Performance Apps or with any terms included with any services requested from BRACEY PERFORMANCE LLC, then these Terms of Use shall control.

You agree to provide true, accurate, current and complete information about yourself as prompted by the Bracey Performance Website’s and the Bracey Performance Apps’ registration form and other relevant forms.  You further agree that such information will be updated to keep it accurate.

If you do not agree with these Terms of Use or any revised policy, exit the Bracey Performance Website immediately and delete the Bracey Performance Apps.

Representations By You

By visiting the Bracey Performance Website and downloading the Bracey Performance Apps, you represent, warrant, and covenant, that (a) you are at least 18 years old; and (b) that all materials of any kind submitted by you through the Bracey Performance Website and the Bracey Performance apps or for inclusion on the Bracey Performance Website will not plagiarize, violate, defame, slander, or infringe upon the rights of any third party including, but not limited to, trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

License Granted by You

By providing content or information to us, including by submitting or uploading content or materials for use on the Bracey Performance Website, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide license, in perpetuity, to use and exploit, in all languages all or any part of the content and materials provided by you, or derivative works developed from such content. We may publish and distribute any such submitted content or materials, at our sole discretion, by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual, direct, or indirect infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or material you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Laws and Regulations

Your access and use of the Bracey Performance Website and the Bracey Performance Apps is subject to all applicable international, Federal, state, and local laws and regulations.

Electronic Communication

When you visit the Bracey Performance Website or use the Bracey Performance Apps or send e-mail communications to BRACEY PERFORMANCE LLC through the Bracey Performance Website or the Bracey Performance Apps, you are communicating with us electronically and, as such, you consent to receive communications from us electronically. We will communicate with you by e-mail, text, or by posting notices on the Bracey Performance Website. You agree that all agreements, notices, disclosures and other communications that BRACEY PERFORMANCE LLC provides to you electronically satisfy any legal requirements that such communication be in writing.

Bracey Performance Website License and Access

BRACEY PERFORMANCE LLC grants you a limited, non-exclusive, non-transferable and revocable license to access and make personal use of the Bracey Performance Website, and not to download or modify it, or any portion of it, except with the express written consent of BRACEY PERFORMANCE LLC. This license does not include: (i) any resale or commercial use of the Bracey Performance Website or its contents; (ii) any collection and use of any product listings, images, descriptions or prices; (iii) any derivative use of this Bracey Performance Website or its contents; (iv) any downloading or copying of account information; or (v) any use of data mining, robots, or similar data gathering and extraction tools. The Bracey Performance Website or any portion of the Bracey Performance Website may not be reproduced, duplicated, copied, sold, resold, (vi) Bracey Performance Website, or otherwise exploited for any commercial purpose, without the express written consent of BRACEY PERFORMANCE LLC.

Any unauthorized use of this Bracey Performance Website and the Bracey Performance Apps terminates the permission or license granted by BRACEY PERFORMANCE LLC.  You also agree that BRACEY PERFORMANCE LLC may, in its sole discretion and without prior notice to you, terminate your access to the Bracey Performance Website and the Bracey Performance Apps and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Bracey Performance Website or assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of the Bracey Performance Website or any product or service offered on or through the Bracey Performance Website, (4) violations of these Terms of Use, (5) failure to pay for purchases or membership dues, (6) suspected or actual intellectual property infringement, (7) unexpected operational difficulties, (8) requests by law enforcement or other government agencies, (9) BRACEY PERFORMANCE LLC learns that you provided inaccurate or incomplete information in violation of these Terms of Use, or (10) any other violation of applicable federal, state, or local laws or regulations. You agree that BRACEY PERFORMANCE LLC, or its affiliates will not be liable to you or to any third party for termination of your access to the Bracey Performance Website. 

Accounts

When registering for access to certain areas of the Bracey Performance Website and the Bracey Performance Apps, you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account.  You are fully responsible for all activities that occur under your password in your account.

By logging into the Bracey Performance Website, you agree that: (i) you are of appropriate age and the customer who registered for the services; (ii) you are using the services only for permitted purposes; (iii) you are not a competitor of BRACEY PERFORMANCE LLC or an agent of such a competitor; and (iv) you will immediately notify BRACEY PERFORMANCE LLC of any unauthorized use of the password or account, or any other breach of the Bracey Performance Website’s security.  Please notify getafterit@braceyperformance.com with subject line “Web Account Problems” or “App Account Problems” of any potential unauthorized use(s) of your password, account or breach of security.

You also acknowledge that: (i) you will not select or use a user name of another person with intent to impersonate that person; (ii) you will not select or use a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or use a user name that BRACEY PERFORMANCE LLC in its sole discretion deems offensive.

Important Notice Regarding Exercise, Health And Other Information On The Bracey Performance Website

Reliance on techniques, ideas, tips, advice, suggestions and any other information provided on the Bracey Performance Website is at your sole discretion and risk; and subject to these Terms of Use, including, without limitation, the section entitled DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. BRACEY PERFORMANCE LLC does not recommend or endorse any athletic, exercise, healthcare or nutrition professionals, tests, procedures, products, ideas, suggestions, tips, advice, opinions or other information that may be found or referenced on the Bracey Performance Website or Bracey Performance Apps, whether such information is posted by BRACEY PERFORMANCE LLC, or its members, personnel or any third parties.  If you use a public area of the Bracey Performance Website, including, without limitation, message boards, blogs, or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any such communications or information.

You acknowledge, by your use of this Bracey Performance Website and the Bracey Performance Apps, that your use of this Bracey Performance Website is at your sole risk, and that BRACEY PERFORMANCE LLC will not be liable for any claims, obligations or damages of any kind related to your use of this Bracey Performance Website.  You agree that no exercise, health or dietary information provided will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed physician or other qualified health professional.  You agree not to change a prescribed or recommended form of medical treatment, or any dietary requirements, in reliance on any information found on the Bracey Performance Website. Likewise, prior to engaging in, modifying, or deviating from any exercise program or activity, you should seek the advice of your physician or other qualified health professional.

Modification Of These Terms Of Use

We reserve the right to change the terms, conditions, and notices concerning use of the Bracey Performance Website and the Bracey Performance Apps, without notice.  You are responsible for regularly reviewing these Terms of Use and Additional Terms posted on other sections of the Bracey Performance Website and the Bracey Performance Apps. Your continued use of the Bracey Performance Website and the Bracey Performance Apps constitutes your agreement to all such terms, conditions, and notices.

Service Marks and Trademarks

All trademarks and service marks that appear, from time to time, on the Bracey Performance Website (“Trademarks”) and Bracey Performance Apps are trademarks or registered trademarks of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BRACEY PERFORMANCE LLC or its affiliates.

The Trademarks are valuable assets of their respective owners and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks.  Such goodwill has made the Trademarks distinctive to their respective owners and, as such, may only be used by their respective owners, licensees, or other authorized persons or entities for the benefit of their respective owners, and only in connection with the products and services authorized by their respective owners.  Any unauthorized use of the Trademarks and/or any use of a mark or symbol that dilutes its value is likely to cause confusion among consumers, or in any manner that disparages, discredits, or falsely describes BRACEY PERFORMANCE LLC or its affiliates or subsidiaries, is strictly prohibited.

You may not use any of the Trademarks, in any manner, without the prior written consent of their respective owners.  Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without further notice.

Bracey Performance Website Copyright

All information that is displayed or made available to view and/or download in connection with the Bracey Performance Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, Bracey Performance Website architecture, the look and feel of the Bracey Performance Website, and the manner and linking of internal webpages on the Bracey Performance Website (collectively, “Content”) and software (“Software”), is owned by, and is the copyrighted work of, BRACEY PERFORMANCE LLC and/or its suppliers, and is protected by United States and international copyright laws. The compilation of all content on the Bracey Performance Website, including, without limitation, user created content (product reviews, testimonials, forum posts, blog comments, product ratings, etc.) is the exclusive property of BRACEY PERFORMANCE LLC and is protected by United States of America and international copyright laws.  All Software used on the Bracey Performance Website is the property BRACEY PERFORMANCE LLC and/or its software suppliers and is protected by United States of America and international copyright laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content or Software available on or through the Bracey Performance Website for commercial, private or public purposes.

Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible according to applicable law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Digital Millennium Copyright Act (DMCA) Policy

BRACEY PERFORMANCE LLC takes allegations of copyright infringement and requests to remove copyrighted materials very seriously.  BRACEY PERFORMANCE LLC will investigate and comply with the notice and takedown procedures of the DMCA.  BRACEY PERFORMANCE LLC’s policies are designed to investigate and cooperate with copyright owners to ensure that registered works are not used or disseminated in violation of the owners’ copyrights.

Product Descriptions

BRACEY PERFORMANCE LLC and its affiliates attempt, in good faith, to be as accurate as possible with descriptions of the featured products and services on the Bracey Performance Website (the “Products”).  However, BRACEY PERFORMANCE LLC does not warrant that the descriptions of the Products are accurate, complete, reliable, current, or error-free.  Further, BRACEY PERFORMANCE LLC does not warrant that any of the Products or are suited for a particular purpose or that they will work for any member’s intended purpose.  Prices for the Products, and related discounts thereto, may be changed at any time by BRACEY PERFORMANCE LLC.  If the Products presented on the Bracey Performance Website are not as described, your sole remedy is to return such Products in compliance with the Return Policy.

Return Policy And Refunds

Products in like-new condition with original packaging and tags may be exchanged or returned for a full refund up to 30 days from the original date of purchase.  Refunds will be made pursuant to the same method of payment for the purchase of Products so long as the member presents an original receipt of purchase.

Edible foods and beverages are nonrefundable.

Disclaimer Of Warranties And Limitation Of Liability

BRACEY PERFORMANCE LLC AND ITS RESPECTIVE SERVICE PROVIDERS, AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (THE “BRACEY PERFORMANCE LLC PARTIES”) MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE BRACEY PERFORMANCE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BRACEY PERFORMANCE LLC AND/OR THE BRACEY PERFORMANCE LLC PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL BRACEY PERFORMANCE LLC OR THE BRACEY PERFORMANCE LLC PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BRACEY PERFORMANCE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE BRACEY PERFORMANCE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY COMMUNICATIONS, INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE BRACEY PERFORMANCE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BRACEY PERFORMANCE WEBSITE, EVEN IF BRACEY PERFORMANCE LLC OR ANY OF THE BRACEY PERFORMANCE LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, BRACEY PERFORMANCE LLC’S TOTAL LIABILITY TO YOU FOR DIRECT DAMAGES OR OTHERWISE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO BRACEY PERFORMANCE LLC FOR PRODUCTS IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST BRACEY PERFORMANCE LLC, OR THE MAXIMUM EXTENT PERMITTED BY LAW, WHICHEVER IS LOWER.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Indemnification

You agree to indemnify and hold harmless BRACEY PERFORMANCE LLC and its subsidiaries, affiliates, agents, directors, officers and employees, from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to, or arising out of, your use of the Bracey Performance Website and/or any information (text or graphical), software, or services obtained through the Bracey Performance Website, the Bracey Performance Aps and/or from BRACEY PERFORMANCE LLC.

Violation Of Terms Of Use

BRACEY PERFORMANCE LLC reserves the right to seek any and all remedies, at law, in equity or by statute, for violations of these Terms of Use, including the right to block access from a particular Internet address or for particular users to the Bracey Performance Website.

Jurisdiction and Venue

Except as noted below, all disputes against BRACEY PERFORMANCE LLC, including, but not limited to, disputes as to these Terms of Use, the Bracey Performance Website license, Bracey Performance Website access restriction and/or termination, BRACEY PERFORMANCE LLC’s trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes, member accounts, privacy, product descriptions, pricing, and disclaimer of warranties shall be governed under the internal substantive laws of Illinois, and you hereby irrevocably consent to the exclusive jurisdiction and venue in the appropriate state and Federal courts located in Cook County, Illinois.

Use of the Bracey Performance Website is unauthorized in any jurisdiction that does not give effect to any and all provisions of these Terms of Use, including, without limitation, this paragraph.

Severability

If any of the provisions in these Terms of Use shall be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that provision is illegal, invalid, or unenforceable, it shall be severed and deleted from the clause and the remaining provisions shall survive, remain in full force and effect and continue to be enforceable and binding.

Electronic Records And Communications

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.