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YORK FIT FINDER

TERMS OF SERVICE

Welcome to the York Fit Finder web application (the “App”), owned and operated by York Athletics Manufacturing, Inc. (“we”, “us”, or “York”). These Terms of Service (these “Terms”) set forth the mutual agreement between York and you as to your rights and responsibilities when you use the App. 

  1. Acceptance; Scope

Please read these Terms carefully. When you access or use the App, you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to any of these Terms, or any of the terms and conditions in the Privacy Policy, you should not access or use the App in any way and should immediately exit the App. You must be at least 13 years old to use the App. If you are under 13 years of age, you are not authorized by us to use the App.

York may amend, update or modify these Terms at any time, by posting amended Terms on York’s website, yorkathleticsmfg.com, or the App. If you do not consent to these Terms, as amended, you should not access or use the App in any way. By continuing to access or use the App after those changes become effective, you agree to be bound by the revised Terms.

The App may contain links to third-party websites or applications. York has no control over, and assumes no responsibility for, the content, practices or policies (including privacy policies) of any such third parties. By using the App, you expressly release York from any and all liability arising from your use of any third-party website or application.

  1. YOUR ACCOUNT

In order to access certain features of the App, you will have to create an account by providing your email address and creating a password.  You are solely responsible for the activity that occurs on your account, including any activity by authorized or unauthorized users, and you must keep your account password secure. If you become aware of any breach of security or unauthorized use of your account, you must notify York immediately and change your password.

  1. LIMITED LICENSE; RESTRICTIONS

YORK GRANTS YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO ACCESS AND MAKE PERSONAL USE OF THE APP, PURSUANT TO THESE TERMS. This license is personal to you and may not be assigned or sublicensed to anyone else. This license does not include any resale or commercial use of the App or its Contents (as defined below), any derivative use of the App or its Contents, or any use of data mining, robots, or similar data gathering and extraction tools. You agree that you will not reproduce, redistribute, duplicate, copy, sell, transfer, create derivative works from, decompile, reverse engineer, alter, adapt, disassemble, or otherwise exploit the App or any source code therein. You further agree that you will not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the App. All rights not expressly granted by York herein are reserved. All software included in the App, and all copyrights thereto, is the property of York or its licensors. 

  1. CONTENT

As used throughout these Terms, “Content” includes photos, images, audio, videos, text and other materials of any and every type in all forms and mediums. 

York Content. York, and its licensors and vendors and partners, retain all trademark, copyright and other intellectual property rights in any Content provided by York and appearing within the App (“York Content”), and all right, title and interest in and to the York Content remains with York at all times. You may access the York Content for your information and personal use solely as intended and permitted under these Terms. You shall not reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any York Content for any other purposes without the prior written consent of York. All trademarks, including service marks and logos, appearing on the App are owned, controlled, or licensed by York and are protected by trademark law, whether registered or unregistered. York’s trademarks and trade dress may not be used in connection with any product or service that is not York’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits York. 

Licenses Granted By You. Subject to the license granted herein, you retain all of your ownership rights in your Content. By submitting any Content through the App, you grant York and its successors, assigns and affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, sublicense, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with the App and our business, including by way of example, for promoting the App. You also hereby grant each user of the App a non-exclusive license to access your Content through the App, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the App and under these Terms.

Your Representations and Warranties. For each piece of Content that you submit, you represent and warrant that: (a) you have the right to submit to or otherwise post the Content on the App; (b) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; (c) you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and grant the licenses contained herein; and (d) the Content complies with these Terms and all applicable laws.

Acknowledgements. You acknowledge and agree as follows:

  1. York does not permit copyright infringement or other violations of intellectual property rights on the App, and we reserve the right to remove Content if properly notified that such Content infringes on another's intellectual property rights;
  2. York is not responsible or liable for the accuracy, utility, safety, or intellectual property rights of or relating to any user Content within the App;
  3. York does not endorse any Content, recommendation, view or opinion submitted to the App by any user;
  4. You may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto; and
  5. You are solely responsible for your own Content and the consequences of submitting and publishing your Content on the App.
  1. CODE OF CONDUCT

In accessing or using the App, you agree that you will not:

  1. Upload photographs of people who have not given permission for their photographs or likeness to be uploaded to the App;
  2. Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
  3. Violate any applicable laws or regulations;
  4. Circumvent, disable or otherwise interfere with security features of the App;
  5. Defame, harass, stalk, threaten, intimidate, or otherwise violate the rights of others, including, without limitation, others’ moral, privacy or publicity rights;
  6. Submit, upload or display on the App any Content that: (i) is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; (ii) contains sexually explicit Content, pornography or nudity; (iii) contains hateful, malicious or discriminatory Content, incites hatred towards any individual or group, or incites or advocates racism, sexism, terrorism or violence; (iv) encourages any illegal activity; (v) infringes our or any third party’s intellectual property or other rights; (iv) contains any confidential, proprietary or trade secret information of any third party; or (vii) includes any advertisements, solicitations, investment opportunities or other unsolicited commercial or chain communications or promotes the sale of goods or services;
  7. Spam, hack into or deface the App, or transmit any Content that contains any viruses, worms, trojan horses, defects, or other destructive items;
  8. Harm or exploit minors; or
  9. Use the App for any commercial, advertising or solicitation uses or to collect any personally identifiable information about others.

York has the right, but not the obligation, to monitor all conduct on and Content submitted to the App. Failure to comply with any of the above conduct requirements will constitute a violation of these Terms and, in addition to any other rights or remedies we may have, York may immediately terminate your access to and use of the App or remove any Content that you submit, upload or display.

  1. TERMINATION; ACCOUNT DELETION

Termination for Cause. York may terminate, suspend or disable your access and use of the App (or any part thereof), delete your account, or block or remove any Content you submit if York determines, in its sole discretion, that you have violated any provision of these Terms. York reserves the right to determine whether Content violates these Terms. If York deletes your account for any of the reasons set forth herein, you may not re-register for the App. York may block your email address and Internet protocol address to prevent further registration. If you believe that York has suspended or terminated your account in error, you may contact us at info@yorkathleticsmfg.com at any time.

Effect of Termination. Upon termination, all licenses granted by York will terminate automatically. Sections 4, 6, and 8 through 11 of these Terms shall survive termination. In the event of an account deletion for any reason, Content that you submitted may no longer be available. York is not responsible for the loss of such Content.

  1. COPYRIGHTS; DMCA NOTIFICATIONS

Notifications of Claimed Infringement. While we are not obligated to review submissions for copyright infringement, we are committed to respecting copyrights and the other intellectual property of others. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") by providing our Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address (if available) of the complaining party;
  5. A statement that the complaining party has 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; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notifications. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the necessary authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the Content, you may send us a counter-notification.  DMCA notifications and counter-notifications must meet the then statutory requirements imposed by the DMCA (see 17 U.S.C 512(g)(3) or http://copyright.gov for more information). 

Copyright Agent. Notifications and counter-notifications, as described herein, should be sent to: GYK Antler, 175 Canal Street, Manchester, New Hampshire, (603) 625-5713, info@yorkathleticsmfg.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notification may not be valid.

  1. DISCLAIMERS

York reserves the right to modify the App. The App and all York Content is provided by York “AS IS” and on an “as available” basis. Without limiting the foregoing, York makes no representations or warranties: (a) concerning the accuracy or completeness of the App or any York Content; (b) concerning any Content submitted by any user; (c) that any Content you submit will be made available on the App or will be stored by York; or (d) that York will continue to support any particular feature of the App. You expressly agree that your use of the App is at your sole risk.

To the full extent permissible by applicable law, York expressly disclaims any and all warranties of any kind, whether express or implied, in connection with the App and your use of the App, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.

Without limiting the foregoing, York expressly disclaims, and assumes no liability or responsibility for, any: (a) errors, omissions, or inaccuracies of Content; (b) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the App; (c)  unauthorized access to or use of the App or any Content; (d) interruption or cessation of transmission to or from the App; (e) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the App; (f) Content submitted by any user; (g) defamatory or offensive conduct of any third party, including other users; or (h) loss or damage of any kind incurred as a result of the use of the App or any Content posted, transmitted, or otherwise made available through the App, including any loss of your Content.

York does not endorse, guarantee or assume responsibility for any Content, product or service posted, advertised or offered by any third party on or through the App, and York will not be a party to, or be responsible for monitoring, any transaction between you and any third-party provider of products or services.

  1. LIMITATION OF LIABILITY

To the fullest extent permitted by law, York will not be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any claim or cause of action, including without limitation, those arising from (a) errors, omissions, or inaccuracies of Content; (b) tangible or intangible property damage or loss of any nature whatsoever, resulting from your access to and use of the App; (c) any unauthorized access to or use of our servers and any and all personal information stored on such servers; (d) any interruption or cessation of transmission to or from the App; (e) any bugs, viruses, trojan horses or the like which may be transmitted to, by or through the App; or (f) any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted or otherwise made available via the App, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages. You specifically acknowledge and agree that York shall not be liable for any Content or for the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you. Without limiting the foregoing, York’s total liability to you shall not exceed the amounts paid by you to York over the 12 months preceding your claim.

  1. INDEMNIFICATION

To the extent permitted by applicable law, you agree to defend and indemnify York and its respective affiliates, directors, officers, shareholders, employees, licensors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including without limitation, reasonable attorneys’ fees, arising from or relating to: (a) your access to or use of the App; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy or publicity right; or (d) any claim that your Content caused damage, harm or loss to a third party. The foregoing obligations shall survive these Terms and any termination of your use of the App.

  1. GENERAL

Applicable Law; Venue. By using the App, you agree that the laws of the State of Delaware will govern these Terms, without regard to principles of conflicts of law. Any dispute relating in any way to your use of the App shall be adjudicated in any State or Federal Court in Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.

Entire Agreement. These Terms, including the Privacy Policy, and any other legal notices published by us on the App shall constitute the entire agreement between you and York concerning the App.

Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. 

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without York’s prior written consent. York may assign these Terms without restriction.

Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure or delay to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

No Third-Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

Electronic Communication. When you use the App or send email to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the App. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Last Revised: October 7, 2020