THE CUSTOMWOD.COM WEBSITE, INCLUDING ALL OF ITS SUBSITES (TYPICALLY ANY WEB PAGES WHICH END IN CUSTOMWOD.COM) AND ALL SOFTWARE, PRODUCTS, FEATURES AND SERVICES MADE AVAILABLE, DISPLAYED OR OFFERED BY OR THROUGH OUR WEB SITE OR SUBSITES (COLLECTIVELY, THIS "SITE") IS OWNED AND OPERATED BY CUSTOMWOD Ltd. ("CUSTOMWOD"). YOUR ACCESS AND USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE AND ALL APPLICABLE LAWS.
THE CUSTOMWOD MOBILE APPLICATIONS AVAILABLE VIA THE MOBILE APPLICATION STORES OF GOOGLE INC. AND APPLE INC. („MOBILE APPLICATIONS”) AND ALL SOFTWARE, PRODUCTS, FEATURES AND SERVICES MADE AVAILABLE, DISPLAYED OR OFFERED BY OR THROUGH OUR MOBILE APPLICATIONS IS OWNED AND OPERATED BY CUSTOMWOD Ltd. YOUR ACCESS AND USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE AND ALL APPLICABLE LAWS.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING, BROWSING, OR USING THE SITE OR MOBILE APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS AND CONDITIONS OF USE WITHOUT LIMITATION OR QUALIFICATION.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT ACCESS, BROWSE, OR USE THE SITE, THE MOBILE APPLICATIONS OR THE CONTENT OR SERVICES HEREON.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register for any function, service, or portion of the Site or the Mobile Applications which requires such registration. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms and Conditions of Use. By using the Site or the Mobile Applications and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions of Use and to abide by all of the terms and conditions set forth herein.
CustomWOD offers two types of memberships. With Premium Membership all functions of the Site and the Mobile Applications are available. With Free Membership some functions are available with limitation. This extent of these limitations may change over time.
When you register yourself on the Site, you have a Premium Membership for one month. This first one month period of Premium Membership is free of charge. After the one month period your Premium Membership expires and you will have a Free Membership. If you want extend your Premium Membership, you have to purchase the Premium Membership via the Site. Premium Membership can be purchased for various time intervalls (e.g. one, three or twelve months). The time interval is decided upon purchase. Once purchased there are no refunds. After the purchased Premium Membership time interval you will have a Free Membership.
When you register yourself in the Mobile Applications, you have a Premium Membership for one month. This first one month period of Premium Membership is free of charge. After the one month period your Premium Membership expires and you will have a Free Membership. If you want extend your Premium Membership, you have to subscribe for Premium Membership via the Mobile Applications. Subscriptions renew automatically every month. Cancellation can be initiated via the payment services of the corresponding payment providers, Google Inc, or Apple Inc. Once cancelled the subscription will not renew automaticaly and Premium Membership will expire one month after the last renewal.
When you are required to open an account to use or access the Site, any of the Mobile Applications or any of its features or services, you will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify CustomWOD immediately of any unauthorized use of your account, user name, or password (collectively, a "User ID"). CustomWOD shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by CustomWOD, its subsidiaries, entities owned, related to or controlled by CustomWOD, officers, directors, employees, consultants, staff, agents, and representatives due to someone else's use of your account or password. CustomWOD reserves the right to refuse registration of, or cancel a User ID, in its sole discretion.
You expressly acknowledge and agree that CustomWOD via the Site and the Mobile Applications do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice or a medical examination. Prior to participating in any program, activity, exercise, diet, or use of any product, program, workout, exercise or treatment discussed on the Site or the Mobile Applications, you should seek the advice of your physician and other qualified health-care professionals. You understand that the exercises and programs discussed on the Site and the Mobile Applications can be strenuous and should be done in moderation. There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with CustomWOD, the Site or the Mobile Applications are at your sole discretion and risk.
All content on the Site and otherwise available through the Site, furthermore the Mobile Applications including designs, logos, artwork, text, graphics, images, data, information, software, music, sounds, interactive features, video, audio and other files, and their selection and arrangement, is owned by CustomWOD or its licensors. No Site or Mobile Application content may be modified, distributed, framed, copied, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions of Use or as expressly authorized in writing by CustomWOD.
Authorized users may access and use the Site its content and download or print a reasonable number of copies of portions of the Site’s content to which the user has properly gained access solely for the user's personal, non-commercial use (unless otherwise expressly authorized in writing by CustomWOD), provided that the user maintains all copyright or other proprietary notices on all copies of such Site content. You may not publish or otherwise distribute Site content, including via the Internet or any intranet or extranet site, or incorporate the Site content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site content.
Any use of the Site, the Mobile Applications or their content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Site, the Mobile Applications and the Site's content granted herein. All rights of CustomWOD or its licensors that are not expressly granted in these Terms and Conditions of Use are reserved to CustomWOD and its licensors.
Unless otherwise notified by us, you are free to link to the Site so long as you make it clear that (a) the linked content belongs to CustomWOD; (b) such content is not your own; and (c) the originating website makes no claim of owning, being related to or owned or controlled by, being under common control with, or sanctioned by, approved by, or endorsed by, CustomWOD.
The Site may contain links or references to other websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Such third party sites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through the Site or any third party content posted on or available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party content. Inclusion of, linking to or permitting the use of any third party site or any third party content does not imply approval or endorsement thereof by CustomWOD. If you decide to leave the Site and access the third party sites or to access or use any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
CustomWOD welcomes your participation and contributions to its online forums and discussions, including your feedback and comments on your experiences with the CustomWOD program and workouts. But CustomWOD's policy is not to, and neither CustomWOD nor any of its employees will, accept or consider unsolicited ideas, suggestions and other material. This is to avoid the possibility of future misunderstandings arising if CustomWOD develops or implements or uses a program, product, service, feature, workout, software, application or tool that seems to be similar to your own ideas or creative work. If you do submit any feedback, comments, ideas, suggestions or material (collectively, "Submissions") to CustomWOD, including any Submissions that we have asked you not to submit to us, then regardless of what your Submission and any accompanying correspondence might say, by submitting your Submission you acknowledge and agree that:
1. At the moment you submit your Submission to CustomWOD, you are automatically and irrevocably assigning your Submission and all rights to it to CustomWOD, and CustomWOD will have no obligations to you in relation to your Submission;
2. In the event that your Submission is not assignable, CustomWOD will be irrevocably entitled to, throughout the world and in perpetuity, reproduce, publish, distribute, prepare derivative works from, display, perform, modify, adapt, broadcast, license, sell, translate, and otherwise use, any Submission for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to you, including sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by CustomWOD and/or its licensee(s) of any Submission violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for the material or ideas set forth therein;
3. Your Submission will not contain any proprietary or confidential information;
4. CustomWOD is under no obligation to keep your Submission confidential or to otherwise protect your Submission; and
5. CustomWOD may already be considering or developing a similar idea, program, product, service, feature, movement, workout, software, application or tool.
Any software or application that is made available via the Site or the Mobile Applications ("Software") is the copyrighted work of CustomWOD and/or third party providers or other suppliers of CustomWOD. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement unless the end user first agrees to the License Agreement terms, and shall not circumvent or attempt to circumvent any click-through consents required to install or use any Software. For any Software not accompanied by a License Agreement, the following shall constitute the License Agreement:
"CustomWOD hereby grants to you, the user, a personal, non-transferable license during the term of this license agreement to use this software for its intended purpose in accordance with this license agreement, and for no other purpose. Please note that this software is owned by CustomWOD and/or third party providers or other suppliers of CustomWOD and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of this software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible."
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE MADE AVAILABLE VIA THE SITE, THE MOBILE APPLICATIONS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN THE APPLICABLE LICENSE AGREEMENT ENTERED INTO BY YOU IN CONNECTION WITH YOUR PURCHASE OR USE OF THE SOFTWARE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH LICENSE AGREEMENT AND THESE TERMS AND CONDITIONS OF USE, THE LICENSE AGREEMENT SHALL CONTROL WITH RESPECT TO THE SOFTWARE ONLY. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AND SUBJECT TO THE "NO WARRANTIES" SECTION OF THESE TERMS AND CONDITIONS OF USE, CUSTOMWOD AND CUSTOMWOD'S THIRD PARTY PROVIDERS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You grant CustomWOD a license to use any materials that you submit, display, transmit, upload or post to the Site or the Mobile Applications. By submitting, posting, uploading, displaying, performing, transmitting, or otherwise distributing information, videos, pictures, graphics, audio, music and sound, text, data, communications or other content ("User Content"), to the Site or the Mobile Applications, you authorize CustomWOD to treat any User Content as non-confidential and non-proprietary, and grant CustomWOD, its subsidiaries, entities owned, related to or controlled by CustomWOD, officers, directors, employees, staff, consultants, agents, and representatives a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicenseable and freely transferable right and license to reproduce, publish, distribute, prepare derivative works from, display, perform, modify, adapt, broadcast, license, sell, translate, and otherwise use User Content, in whole or in part, in connection with the operation, promotion, marketing, and advertising of the business, products, programs, events, competitions and services of CustomWOD, including the exploitation thereof, in each case in any media formats and through any means or methods whether now known or hereafter discovered. You agree that CustomWOD may so exploit your User Content without compensation or credit to you, including by sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by CustomWOD and/or its third party providers or sublicensees of any User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for the material or ideas set forth therein. You agree that CustomWOD may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or the Mobile Applications, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, upload, distribute, display, perform, transmit, or otherwise use User Content, and to license and permit CustomWOD to exploit the User Content as described above, and that CustomWOD's exploitation of the User Content as described above will not violate any rights of or require any compensation to any third party.
You are solely responsible for the User Content, messages, notes, text, information, listings, and any other content, material or data that you upload, publish or display on or through the Site or the Mobile Applications, or transmit to or share with others. You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agree that CustomWOD may, but is not obligated to, review the Site or the Mobile Applications and may delete or remove (without notice) any Site or Mobile Application content or User Content in its sole discretion, for any reason or no reason, including User Content that CustomWOD believes violates these Terms and Conditions of Use. CustomWOD has no backup or storage obligations regarding User Content.
CustomWOD does not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content. CustomWOD makes no representations concerning and is under no obligation to prevent, the downloading, distribution, linking to, or re-posting of your User Content by third parties. You expressly waive any and all claims you may have against CustomWOD and release CustomWOD from any and all liability arising from or related to the User Content, including any exploitation of the User Content by a third party, whether or not authorized by CustomWOD.
"CustomWOD", CustomWOD logos and other CustomWOD graphics, logos, slogans, tag lines, designs, page headers, button icons, scripts and service names are the trademarks, trademarks or trade dress of CustomWOD in Hungary and other countries. Unless expressly authorized by CustomWOD in writing, you may not use CustomWOD trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that CustomWOD endorses any product or service. You may not reproduce or use CustomWOD's trademarks or trade dress without the prior written permission of CustomWOD.
CustomWOD offers and maintains certain discussion boards, user forums and other places where the CustomWOD user community can post questions and share information, ideas, workouts or advice. You agree that you will not upload or transmit any User Content of any type to any Public Forums of the Site (including, without limitation, message boards, blogs, vlogs, bulletin boards, list serves, wiki's or other open forums made available though our Site or the Mobile Applications) (a "Public Forum") that infringe or violate any rights of any party. By submitting any User Content to the Public Forums, you agree that such User Content is non-confidential for all purposes. If you use a Public Forum on the Site or the Mobile Applications, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found on our Site or the Mobile Applications. CustomWOD and any party involved in creating, producing, delivering or maintaining the Site or the Mobile Applications are not responsible for the consequences of any communications in the Public Forums. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency and CustomWOD immediately.
You agree not to (including not facilitating or assisting), directly or indirectly, upload, download, link, stream, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, threatening, unlawful, fraudulent, harmful, harassing, tortious, vulgar, that may be invasive or violative of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, provincial, national or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; (d) distributes or facilitates the distribution of viruses, corrupted data, trojan horses, bots, keystroke loggers, worms, time bombs, cancelbots or other computer programming routines or computer code that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information; (e) adversely affects the availability of Site or Mobile Applications’ resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text) or excessively large embedded images); (f) solicits or disseminates surveys (other than any such functionality expressly provided for by the Public Forum that otherwise complies with these Terms and Conditions of Use), contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages; or (f) creates a false identity for the purpose of misleading others; (g) transmits or facilitates the transmission of any content to an e-mail address, messenger-feature address or other location that is not yours or to which you do not have the expressly authorized right to use without securing the prior authorization of the owner or licensor of such other address or other location; and (h) transmits or facilitates the transmission of any User Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary, statutory, common law or other rights of any party.
CustomWOD reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site or the Mobile Applications, and, if applicable, to delete any such material from its servers as well as to take any other action required or permitted under any applicable laws. CustomWOD intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions of Use or any applicable laws.
You are prohibited from violating or attempting to violate, and agree not to violate or attempt to violate, any security features of the Site or the Mobile Applications, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site or the Mobile Applications, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host or network; (d) using the Site or the Mobile Applications to send unsolicited e-mail or other communications, including, without limitation, promotions, or advertisements for products or services; and (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by CustomWOD in providing the Site or the Mobile Applications. Any violation of system or network security may subject you to civil and/or criminal liability.
CustomWOD reserves the right to suspend or terminate your use of the Site and/or the Mobile Applications. To ensure that CustomWOD provides a high quality experience for you and other uses of the Site and/or the Mobile Applications, you agree that CustomWOD or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. CustomWOD does not intend to disclose the existence or occurrence of such an investigation unless required by law, but CustomWOD reserves the right to suspend or terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if CustomWOD believes that you have violated any of the Terms and Conditions of Use, furnished CustomWOD with false or misleading information, or interfered with the use of the Site by others.
Nothing contained on the Site or on Mobile Applications the should be understood as granting you a license to use any of the trademarks, service marks, or logos owned or licensed by CustomWOD or by any third party.
CUSTOMWOD AND CUSTOMWOD'S RELATED ENTITIES AND SUBSIDIARIES, INCLUDING ENTITIES IT OWNS, CONTROLS OR IS UNDER COMMON CONTROL WITH, CUSTOMWOD'S THIRD PARTY PROVIDERS, ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE OR IN THE MOBILE APPLICATIONS, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE "CUSTOMWOD PARTIES") HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE CUSTOMWOD PARTIES ARE MAKING THE SITE AVAILABLE "AS IS" AND WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE MOBILE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CUSTOMWOD PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE MOBILE APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE CUSTOMWOD PARTIES DO NOT WARRANT THAT THE SITE OR THE MOBILE APPLICATIONS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE MOBILE APPLICATIONS WILL BE UNINTERRUPTED, SECURE, BUG-FREE OR ERROR-FREE; NOR DO THE CUSTOMWOD PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE OR THE MOBILE APPLICATIONS.
SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS "NO WARRANTIES" SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE OR THE MOBILE APPLICATIONS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL THE CUSTOMWOD PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE SITE OR THE MOBILE APPLICATIONS, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE SITE, THE MOBILE APPLICATIONS OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY CUSTOMWOD OR ANY THIRD PARTY, IN CONNECTION WITH THE SITE OR THE MOBILE APPLICATIONS; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SITE OR THE MOBILE APPLICATIONS, EVEN IF THE CUSTOMWOD PARTIES WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY CUSTOMWOD PURSUANT TO THESE TERMS AND CONDITIONS OF USE, OR IN ANY OTHER WAY CONCERNING THE SITE OR THE MOBILE APPLICATIONS, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE SITE OR THE MOBILE APPLICATIONS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS "NO WARRANTIES" SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF CUSTOMWOD IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF THE CUSTOMWOD PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS AND CONDITIONS OF USE.
THE CUSTOMWOD PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ABUSIVE, THREATENING, UNLAWFUL, FRAUDULENT, HARMFUL, HARASSING, TORTIOUS, VULGAR, HATEFUL, RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE OR OFFENSIVE POSTING OR CONDUCT, ON THE SITE OR THE MOBILE APPLICATIONS BY ANYONE OTHER THAN AUTHORIZED CUSTOMWOD EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE CUSTOMWOD PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SITE OR THE MOBILE APPLICATIONS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR THE MOBILE APPLICATIONS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT
CUSTOMWOD DOES NOT ENDORSE, WARRANT OR GUARANTY ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE OR THE MOBILE APPLICATIONS AND CUSTOMWOD WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties. In such jurisdictions, the above disclaimer will have the greatest extent permitted by applicable law.
Due to constant advances in technology, strength and conditioning programs, and medicine, readers are encouraged to confirm the information contained herein with other sources. Corrections and additions will be made only as allowed by the availability of time and resources.
YOU ACKNOWLEDGE AND AGREE THAT CUSTOMWOD DOES NOT, AS A PRACTICE, MONITOR THE ACCURACY OR RELIABILITY OF CONTENT ON THE SITE OR THE MOBILE APPLICATIONS, NOR WILL WE HAVE ANY OBLIGATION OR LIABILITY TO DO SO. ALTHOUGH CARE HAS BEEN TAKEN IN PREPARING THE CONTENT, ALL INFORMATION, SERVICES AND CONTENT THAT IS PROVIDED HERE OR COULD BE REACHED BY USING THE SITE OR THE MOBILE APPLICATIONS AS A STARTING POINT IS PROVIDED TO YOU "AS-IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT ACCESS TO AND USE OF THE SITE, THE MOBILE APPLICATIONS AND THE INFORMATION, SERVICES AND CONTENT AVAILABLE THEREON IS AT YOUR OWN RISK. NEITHER CUSTOMWOD NOR ANY AUTHOR OR SUPPLIER CONTRIBUTING TO THE SITE OR THE MOBILE APPLICATIONS IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, SERVICES OR CONTENT.
NEITHER CUSTOMWOD, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THE SITE OR THE MOBILE APPLICATIONS AND ANY CONTENT THEREON SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, THE MOBILE APPLICATIONS OR ANY INFORMATION, SERVICES OR CONTENT OR SERVICES AVAILABLE THEREON OR WHICH CAN BE REACHED BY USING THE SITE OR THE MOBILE APPLICATIONS AS A STARTING POINT, OR ANY ERRORS OR OMISSIONS IN THE INFORMATION, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CUSTOMWOD, ANY PARTICIPATING ORGANIZATION OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THE SITE, THE MOBILE APPLICATIONS OR ANY INFORMATION, SERVICES OR CONTENT THEREON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY.
You agree to defend, indemnify and hold harmless CustomWOD and any other party involved in creating, producing, delivering or maintaining the Site and each of their respective officers, directors, employees, staff, agents, licensors, suppliers and third party partners from and against all losses, expenses, damages and costs, including without limitation, reasonable attorney and accounting fees, resulting from your violation of these Terms and Conditions of Use, the breach by you of any representations, warranties and/or covenants contained herein or your use of the Site.
The Terms and Conditions of Use are governed by the internal and substantive laws of the State of California without respect to its conflict of laws principles.
You expressly agree that exclusive jurisdiction for any dispute with CustomWOD, or in any way relating to your use of the Site or the Mobile Applications, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction by the courts of the State of California in connection with any such dispute including any claim involving CustomWOD or its subsidiaries, employees, contractors, officers, directors, telecommunication providers, content provides and any other party involved in creating, producing, delivering or maintaining the Site or the Mobile Applications.
The Site and the Mobile Applications are controlled and operated by CustomWOD from its offices in Hungary. CustomWOD makes no representation that materials on or linked to from the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms and Conditions of Use.
Our failure to exercise any right or remedy available upon your breach of these Terms and Conditions of Use or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (a) our rights or remedies, (b) the requirement of punctual performance or (c) any right or remedy in connection with a subsequent breach or default on your party. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such terms and condition or any other term or condition.
We may assign these Terms and Conditions of Use with or without notice to one or more third parties.
80, Szent László utca
October 07, 2017