Terms Of Service

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily view the materials (information or software) on S.M.A.R.T. Athletics, Inc.’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on S.M.A.R.T. Athletics, Inc.’s web site; remove any copyright or other proprietary notations from the materials; transfer the materials to another person or “mirror” the materials on any other server; license the material or create derivative works from the materials; or allow others to use your password to access the website, or share your password with others.
This license shall automatically terminate, without reimbursement of monies paid, if you violate any of these restrictions and may be terminated by S.M.A.R.T. Athletics, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

YOU EXPRESSLY AGREE THAT THE USE OF THE WEB SITE, MATERIALS AND THE INTERNET IS AT YOUR SOLE RISK.  THE APPLICATION AND S.M.A.R.T. ATHLETICS, INC.´S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  S.M.A.R.T. ATHLETICS, INC. PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT S.M.A.R.T. ATHLETICS, INC. WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.  THE INFORMATION ON THE APPLICATION IS FOR ENTERTAINMENT PURPOSES AND EDUCATIONAL PURPOSES ONLY.  THE INFORMATION CONTAINED ON THE APPLICATION IS NOT INTENDED TO BE USED TO TREAT, CURE, DIAGNOSE ANY MEDICAL OR OTHER CONDITION, ALWAYS SEEK THE ADVICE OF A MEDICAL PROFESSIONAL OR OTHER HEALTHCARE PROFESSIONAL PRIOR TO STARTING ANY NEW TREATMENT, DIET OR OTHER ACTIVITY THAT MAY HAVE AN IMPACT ON YOUR HEALTH.FURTHER, S.M.A.R.T. ATHLETICS, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE. AS WITH ANY SPORT, THERE IS A POTENTIAL FOR RISK FOR SERIOUS INJURY. BEFORE BEGINNING ANY MARTIAL ARTS TRAINING OR EXERCISE PROGRAM, YOU SHOULD FIRST CONSULT YOUR PHYSICIAN. THESE TECHNIQUES CONTAINED ON THIS WEBSITE ARE FOR ENTERTAINMENT PURPOSES ONLY. BY ENTERING THIS WEBSITE, YOU ACCEPT THE RESPONSIBILITY FOR ANY TRAINING TECHNIQUES, AND ASSUME RESPONSIBILITY FOR YOUR OWN SAFETY.

4. Limitations

THE WEB SITE, MATERIALS AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE APPLICATION OR ITS SERVICES WILL BE SAFE OR SECURE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH S.M.A.R.T. ATHLETICS, INC. OR ITS WEB SITE, MATERIALS AND/OR SERVICES IS TO STOP USING THEM, AND TO TERMINATE YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL S.M.A.R.T. ATHLETICS, INC., ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS OR DIRECTORS BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING THE USE, CONDUCT, COMMUNICATION OR CONTENT ON THE WEB SITE, MATERIALS AND/OR SERVICES.  MOREOVER, IN NO CASE SHALL S.M.A.R.T. ATHLETICS, INC., ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, LOSS, ALTERATION OR DELETION OF DATA (INCLUDING ANY CONTENT), LOSS OF USE OR GOODWILL, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE WEB SITE, MATERIALS AND/OR SERVICES, INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR REGISTRATION WITH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT S.M.A.R.T. ATHLETICS, INC. OR ANY OF S.M.A.R.T. ATHLETICS, INC.'S LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS OR DIRECTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  S.M.A.R.T. ATHLETICS, INC.'S AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, S.M.A.R.T. ATHLETICS, INC.´S AND S.M.A.R.T. ATHLETICS, INC.'S LICENSORS', AFFILIATES´, EMPLOYEES', OFFICERS', MEMBERS', MANAGERS', ATTORNEYS', ADVISORS', PARTNERS', INVESTORS', LENDERS' OR DIRECTORS' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.  S.M.A.R.T. ATHLETICS, INC. DOES NOT ENDORSE, WARRANT OR GUARANTEE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES AND S.M.A.R.T. ATHLETICS, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. MOREOVER, YOU RELEASE S.M.A.R.T. ATHLETICS, INC. AND S.M.A.R.T. ATHLETICS, INC.'S LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS, DIRECTORS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

5. Revisions and Errata

The materials appearing on S.M.A.R.T. Athletics, Inc.’s web site could include technical, typographical, or photographic errors. S.M.A.R.T. Athletics, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. S.M.A.R.T. Athletics, Inc. may make changes to the materials contained on its web site at any time without notice. S.M.A.R.T. Athletics, Inc. does not, however, make any commitment to update the materials.

6. Links

S.M.A.R.T. Athletics, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by S.M.A.R.T. Athletics, Inc. of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

S.M.A.R.T. Athletics, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to S.M.A.R.T. Athletics, Inc.’s web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.

9.  Eligibility

S.M.A.R.T. Athletics, Inc. 's Application, products and/or services are intended for use and access solely by those individuals that are eighteen (18) years of age and older.  By using and/or accessing S.M.A.R.T. Athletics, Inc. 's Application, products and/or services, you represent and warrant that you have the right and capacity to enter into this agreement.  Furthermore, you represent and warrant that you will, at all times, abide by all terms and conditions contained within this Terms and Conditions of Use agreement and any other associated agreement and that:

i) all registration information you provide is truthful and accurate;

ii) you will update the registration information as necessary to maintain its accuracy;

iii) you are at least eighteen (18) years of age; and

iv) your use of S.M.A.R.T. Athletics, Inc.'s Application, products and/or services does not violate any applicable law.
S.M.A.R.T. Athletics, Inc. reserves the right, at its sole discretion, to immediately terminate your account if S.M.A.R.T. Athletics, Inc. believes you are under the age of eighteen (18).

10.  Links and Vendors

S.M.A.R.T. Athletics, Inc. provides, for your convenience, links to some of its affiliates, other third-party organizations and access to the products and services of third-party merchants and vendors.  Unless stated otherwise, these linked sites, products and services are not under control of S.M.A.R.T. Athletics, Inc. and S.M.A.R.T. Athletics, Inc. does not warrant, nor is it responsible for the contents of any linked site or the product or services provided by any third-party merchant or vendor.  The links do not indicate an endorsement of the linked site by S.M.A.R.T. Athletics, Inc..  S.M.A.R.T. Athletics, Inc. typical resultsDISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

11. Unsolicited Ideas or Suggestions

S.M.A.R.T. Athletics, Inc. or any of its employees do not accept or consider unsolicited ideas.  S.M.A.R.T. Athletics, Inc. asks that you do not send any artwork, samples, demos or other works.  S.M.A.R.T. Athletics, Inc. wishes to avoid any potential misunderstandings or disputes that may arise if an idea of S.M.A.R.T. Athletics, Inc. may seem similar to those you submit.  If you do submit ideas or materials to S.M.A.R.T. Athletics, Inc., S.M.A.R.T. Athletics, Inc. makes no assurances that your submission will be treated as confidential or proprietary.

12.  Intellectual Property

The intellectual properties of the S.M.A.R.T. Athletics, Inc. are owned by S.M.A.R.T. Athletics, Inc. Inc. The structure, organization and code of the Web Site and Materials are the valuable trade secrets and confidential information of S.M.A.R.T. Athletics, Inc. Inc. S.M.A.R.T. Athletics, Inc. is protected by copyright, including without limitation by US Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of S.M.A.R.T. Athletics, Inc. S.M.A.R.T. Athletics, Inc. Inc. has the right to impose reasonable conditions providing such information. Any information supplied by S.M.A.R.T. Athletics, Inc. Inc. or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any web site or Materials which are substantially similar to the expression of S.M.A.R.T. Athletics, Inc. Requests for information should be directed to the S.M.A.R.T. Athletics, Inc. Customer Support Department.

13.  Copyrights

© 2013 S.M.A.R.T. Athletics, Inc. LLC, All Rights Reserved.

14.  Export Rules

You agree that the Web Site and Materials will not be transferred or exported into any country or used in any manner prohibited by the US Export Administration Act or any other Export Laws, restrictions or regulations (collectively “Export Laws”). In addition, if the Application is identified as Export Controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, embargoed countries and you are not otherwise prohibited under the Export Laws from receiving/using the Application. All rights to use the Web Site and Materials are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.