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Certified
Athlete Conditions of Use
Welcome to
Certified Athlete. Certifed Athlete, Virtual Veterans, Certified Athlete's
parent company, and its affiliates provide their services to you subject
to the following conditions. If you visit or purchanse services at
CertifiedAthlete.com, you accept these conditions. Please read them
carefully. In addition, when you use any current or future Certified Athlete
service or visit or purchase from any business affiliated with Certified
Athlete, whether or not included in the CertifiedAthlete.com Web site,
you also will be subject to the guidelines and conditions applicable to
such service or business.
PRIVACY
Please review our Privacy Policy, which also
governs your visit to CertifiedAthlete.com, to understand our practices.
ELECTRONIC
COMMUNICATIONS
When you visit CertifiedAthlete.com or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software, is the property of Certified Athlete, Virtual Veterans, or its
content suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive property
of Certified Athlete and protected by U.S. and international copyright
laws. All software used on this site is the property of Certified Athlete,
Virtual Veterans, or its software suppliers and protected by United States
and international copyright laws.
LICENSE
AND SITE ACCESS
Certified Athlete grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify
it, or any portion of it, except with express written consent of Certified
Athlete. This license does not include any resale or commercial use of
this site or its contents; any collection and use of any data listings,
or descriptions; any derivative use of this site or its contents; any
downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering
and extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of Certified
Athlete. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text,
page layout, or form) of Certified Athlete and our affiliates without
express written consent. You may not use any meta tags or any other "hidden
text" utilizing Certified Athlete's name or trademarks without the express
written consent of Certified Athlete. Any unauthorized use terminates
the permission or license granted by Certified Athlete. You are granted
a limited, revocable, and nonexclusive right to create a hyperlink to
the home page of Certified Athlete so long as the link does not portray
Certified Athlete, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may
not use any Certified Athlete logo or other proprietary graphic or trademark
as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under
your account or password. Certified Athlete and its affiliates reserve
the right to refuse service, terminate accounts, remove or edit content,
or cancel orders in their sole discretion.
CONTENT
POSTINGS AND OTHER COMMUNICATIONS
Visitors may post information, comments, and other content; and submit
suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin
of a content. Certified Athlete reserves the right (but not the obligation)
to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Certified Athlete and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such content throughout the world in any media. You grant
Certified Athlete and its affiliates and sublicensees the right to use
the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the
rights to the content that you post; that the content is accurate; that
use of the content you supply does not violate this policy and will not
cause injury to any person or entity; and that you will indemnify Certified
Athlete or its affiliates for all claims resulting from content you supply.
Certified Athlete has the right but not the obligation to monitor and
edit or remove any activity or content. Certified Athlete takes no responsibility
and assumes no liability for any content posted by you or any third party.
SERVICE
DESCRIPTIONS
Certified Athlete and its affiliates attempt to be as accurate as possible.
However, Certified Athlete does not warrant that service descriptions
or other content of this site is accurate, complete, reliable, current,
or error-free. If a service offered by Certified Athlete itself is not
as described, your sole remedy is to request a refund for that service.
OTHER
BUSINESSES
Parties other than Certified Athlete, Virtual Veterans, and its subsidiaries
provide services or sell product lines on this site. We are not responsible
for examining or evaluating, and we do not warrant the offerings of, any
of these businesses or individuals or the content of their Web sites.
Certified Athlete does not assume any responsibility or liability for
the actions, product, and content of all these and any other third parties.
You should carefully review their privacy statements and other conditions
of use.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE
IS PROVIDED BY VIRTUAL VETERANS, INC. ON AN "AS IS" AND "AS AVAILABLE"
BASIS. VIRTUAL VETERANS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, VIRTUAL VETERANS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIRTUAL VETERANS
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM VIRTUAL
VETERANS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIRTUAL VETERANS
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE
LAW
By visiting Certified Athlete, you agree that the laws of the state of
Kansas, without regard to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise between
you and Certified Athlete or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to CertifiedAthlete.com
or to products and services you purchase through Certified Athlete shall
be submitted to confidential arbitration in Lenexa, Kansas, except that,
to the extent you have in any manner violated or threatened to violate
Certified Athlete's or Virtual Veterans' intellectual property rights,
Certified Athlete may seek injunctive or other appropriate relief in any
state or federal court in the state of Kansas, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement
shall be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall
be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES,
MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy policy, posted on
this site. These policies also govern your visit to CertifiedAthlete.com.
We reserve the right to make changes to our site, policies, and these
Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability
of any remaining condition.
OUR ADDRESS
Virtual Veterans, Inc.
82ll Lichtenauer Dr.
Lenexa, KS 66219
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