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.
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.
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.
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.
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 firstname.lastname@example.org 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
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.
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.
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 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.
Jurisdiction and Venue
Electronic Records And Communications