Terms of Service

Welcome to https://crossfitdartmouth.com/ (this “Site”), a
website operated by CrossFit Dartmouth. The Site provides
visitors and customers with access to content about our businesses and the
products and services we offer. These terms and conditions of use (these “Terms
of Use”) govern your general access to, and use of this Site. If you make a purchase
via the Site, the products and services you buy will be governed by separate
legal terms and conditions as described in greater detail below.

You consent to and agree with these Terms of Use by virtue
of accessing and using the Site. We reserve the right, at our discretion, to
change these Terms of Use from time to time. Please check the Site periodically
for such changes. By continuing to access and use this Site following the
posting of changes, you accept and agree to the revised version. This Terms of
Use is a legal document, so clarity is important. We’ll use this section to let
you know about some words that have special meanings whenever you see them
here. The words “you” and “your” refer to each individual accessing this Site
whether or not under an Account. The words
“CrossFit Dartmouth”, “we”, “us” and “our” refer to
CrossFit Dartmouth, acting on behalf of itself and, where
applicable, its affiliates and third-party licensors. You also will notice that
we capitalize certain additional words in these Terms of Use even though
grammatical rules do not require them. We do this because, in the context of these
Terms of Use, such capitalized words have specific meanings which can be found
where they are first used, as indicated by bold text.

1. Rights and Conditions. You may access and view the audio
and visual information, text, graphics, forms, documents, cartography, images,
data, and materials made available on this Site (the “Content”) on your
computer, mobile device, or other Internet-compatible devices solely in
connection with your personal, non-commercial use. You may also make single
copies or print-outs of the Content in connection with your permitted use. You
may not make use of this Site including any Content for any commercial purpose
unless you have received our express written prior permission in advance. You
acknowledge that any use of this Site or Content, except as otherwise permitted
herein, is a breach of these Terms of Use, and may put you in violation of
Applicable Laws. We will not be responsible or liable for any loss or damage
arising from your failure to comply with these Terms of Use. As explained in
the initial paragraph above, we do not consider our products and services to be
part of the Content governed by these Terms of Use. Products and services are,
as indicated, governed by separate legal terms.

2. Applicable Laws. We control and operate the Site from
within the United States of America (the “USA”). The Site is directed at
visitors from the USA, 18 years of age and over. The English language version
of these Terms of Use is the controlling version regardless of any translation
you may attempt. We do not represent that this Site or its Content is
appropriate or lawful for use in other locations outside of the USA or that our
operation (including our processing and handling of Submitted Materials) will
comply with all local laws. Users who choose to access this Site from outside
the USA or provide Submitted Materials as non-USA citizens, do so of their own
initiative and are responsible for compliance with all applicable local, state,
national and international laws and treaties (“Applicable Laws”). These Terms
of Use shall be governed by and construed in accordance with the laws of the
State of Idaho and the U.S. federal laws enforced within, without regard to
principles of conflicts of laws. All proceedings relating to us, the Site, or
these Terms of Use shall be brought in the state or federal courts located in
Idaho and you hereby irrevocably consent to the personal and exclusive
jurisdiction of such courts.

3. Content. Site Content will have a variety of origins,
including information generated and provided by us and third parties. We do not
provide any warranty that the Content is or will be:

– accurate or complete; – current (or that it will be
updated); – error-free (either technically or with respect to typographical
errors); and/or – free from interruptions, computer viruses, or other harmful
components.

You may make use of the Content under the rights set forth
in these Terms of Use but under no circumstances will we be liable for any loss
or damage caused by your reliance on Content. It is, therefore, your
responsibility to evaluate the accuracy, completeness, or usefulness of any
information, opinion, advice, or other elements of the Content.

4. Social Media. This section applies to everyone who
interacts with our social media presence. You are therefore viewing this page
because you either linked from the social media features on this Site (such as
blogs and comments sections) (“Internal Social Media Features”) or from comment
sections, feeds, and other elements of social media presence viewable on
Facebook, Twitter, Instagram, YouTube, Google+, LinkedIn or any of the many
other available external third-party social media platforms we utilize (“External
Social Media Presence”). Social media platforms are places of public
information exchange, and you should have no expectation of privacy.
Specifically, paragraph 7 hereof does not apply to our External Social Media
Presence. The sites and platforms that host our External Social Media Presence
are not controlled by us and therefore their own, and not our privacy policies
and terms of use will apply. The comments and opinions expressed by users on
social media are theirs alone and do not reflect the opinions of the
CrossFit Dartmouth Parties. Comments that some would
consider inappropriate or offensive may appear on our Internal Social Media
Features and on our External Social Media Presence and may remain there until
they have been identified by us or called to our attention and we are able to
work through the necessary procedures and technical processes to have them
removed. If you see an offensive or inappropriate post or comment on our
External Social Media Presence, you should report it to the operator of the
applicable site or platform using the procedures they have established for that
purpose. If you see such a post on Internal Social Media Features it should be
reported directly to us via the contact information below.

5. Trademarks and other Intellectual Property Rights. The
logos, names, and other similar marks (collectively, the “Trademarks”)
displayed on this Site are registered and unregistered Trademarks of ours and
our licensors and may not be used unless authorized by the Trademark owner.
Nothing contained on this Site should be construed as granting any such license
or other rights to use any Trademark displayed on this Site. As between you and
us, we are the exclusive owners of all rights, title, and interests, including
intellectual property rights (including copyrights, patents, and trademarks),
proprietary rights (including trade secrets and database rights), and moral
rights (including rights of attribution and authorship) throughout the world in
and to this Site, its Content and its and their look and feel, design and
organization and compilation. If you believe any content appearing on this Site
violates your intellectual property rights, please give us notice so we can
consider appropriate takedown procedures.

6. Account Registration. In order to purchase the
CrossFit Dartmouth products and services offered on this
Site you will have to register and create an account (an “Account”). Your
obligations with respect to your Account, as well as the rights and obligations
you have with respect to products and services you purchase using your Account
will be governed by the separate legal terms and conditions contained in the
End User License Agreement that you will be prompted to review during the purchasing
process and that you will agree to be bound by as part of the account setup and
completion of the purchase of our products and services.

7. Submitted Materials; User Generated Content. All
information, ideas, suggestions, concepts, or other materials submitted by you
voluntarily or at our request, such as questions sent to us via the “Contact
Us” link or user-generated content on our Internal Social Media Features or
External Social Media Presence (collectively, “Submitted Materials”) may be
used by us in any lawful manner, provided that personal information portions of
Submitted Materials will only be used as described in this paragraph 7. By
providing Submitted Materials you: (a) represent and warrant that you own or
otherwise have all necessary rights to do so and that the Submitted Materials
comply with Applicable Laws; and (b) you grant to us a royalty-free, worldwide,
perpetual, irrevocable, non-exclusive and fully transferable, assignable and
sublicensable right and license to copy, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, display, make,
sell, export and otherwise use such material (in whole or part) and/or to
incorporate it in other works in any form, media or technology now known or
later developed. We cannot be responsible for maintaining any Submitted
Materials that you provide to us; therefore, you should retain all such data
and information in your own records.

8. Our Privacy Policies. Our collection of certain
information about you including personal information provided as part of the
below described Submitted Materials is subject to the Site’s Privacy Policy (https://crossfitdartmouth.com//privacy-policy),
which is incorporated herein by reference for all purposes.

9. Prohibited User Conduct. You are expressly prohibited
from engaging or assisting others engaging in the conduct listed below:

interfering with, disrupting, altering, or destroying the
Site or its Content; probing, scanning, or testing the vulnerability of the
Site or any system or network on, from, or through which the Site is provided;
attempting to circumvent or defeat any system or network security measures on,
from, or through which the Site is provided; removing, modifying, or obscuring
any proprietary rights notices that we place on the Site; spidering, “screen
scraping,” “database scraping,” harvesting or otherwise attempting automatic or
manual means of accessing, logging in to, obtaining data or information from or
using this Site or any Account; impersonating any person or entity or
misrepresenting your affiliation with any other person or entity; transmitting,
distributing, disseminating, publishing, or storing any information that is in
violation of Applicable Law or constitutes or contains false or misleading
indications of origin, endorsement, or statements of fact or is fraudulent,
libelous, defamatory, abusive, obscene, indecent, or harassing, or that
threatens or encourages injury to persons or property or infringement of the
lawful rights of any party; violating the privacy rights of any party under
Applicable Law; introducing harmful or malicious code (such as viruses and
malware); or using the Site to send, relay, forward, bounce, reply, or
otherwise route commercial or non-commercial unsolicited electronic messages
(commonly referred to as “spam”) or commercial electronic messages, even if
previously solicited by the intended recipient, including by inserting your own
or a third party’s advertising, branding or other promotional content into any
of the Site’s Content.

10. Third-Party Web Sites. You may see on the Site
hyperlinks or pointers to other websites maintained by third parties and we
also may provide third-party content on the Site by framing or other methods
(collectively, “Links”). Links are provided for your convenience and
information only. The fact that we provide a Link does not mean that we
endorse, authorize or sponsor that website or offering or that we are
affiliated with the third-party owners or sponsors. Neither the websites nor
parties to which a Link will bring you are under our control and as such we are
not responsible in any way for their availability, content, advertising,
products, or materials, including any further links their sites may contain.
This means that once you follow a Link, you are no longer subject to our
Privacy Policy. You should, therefore, carefully review the privacy statements
and other conditions of use and sale related to any Links. We reserve the right
to terminate a Link at any time without notice.

11. Liability and Indemnity. THE SITE, ITS CONTENT, AND ANY
OTHER INFORMATION, PRODUCTS, OR SERVICES ON IT ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
CrossFit Dartmouth, ITS AFFILIATES AND ITS AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, AND REPRESENTATIVES
(“CrossFit Dartmouth PARTIES”) DISCLAIM ALL WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED OR STATUTORY. IF YOU ARE DISSATISFIED WITH THE
SITE, THE CONTENT, OR ITS PRODUCTS AND SERVICES, YOUR SOLE REMEDY IS TO
DISCONTINUE ITS USE. THE CrossFit Dartmouth PARTIES HAVE NO
LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR
INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR
INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES ARISING OUT
OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, ITS CONTENT
OR PRODUCTS, AND SERVICES THAT YOU ACCESS THROUGH THE SITE. THESE LIMITATIONS
SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT,
STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE
CrossFit Dartmouth PARTIES HAVE BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGE. You agree to defend, indemnify and hold the
CrossFit Dartmouth Parties harmless from any and all claims,
liabilities, costs, and expenses, including reasonable attorneys’ fees, arising
in any way from your use of this Site, or your breach or violation of
Applicable Laws or of these Terms of Use. CrossFit Dartmouth
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and in such
case, you agree to cooperate with CrossFit Dartmouth’s
defense of the such claim.

12. Term and Termination. These Terms of Use apply to all
users of this Site at all times until we supersede and replace them. We may at
any time terminate, change, suspend, add to or discontinue any aspect of this
Site itself, or your right to use it, including your Account, without notice or
liability to you.

13. Miscellaneous. These Terms of Use and Privacy Policy are
the entire and exclusive agreement between us and all visitors and users of the
Site; provided that those who become our customers by purchasing our products
and services will also be subject to the EULA. Neither any course of conduct
between the parties nor trade practice will modify these Terms of Use. We may
assign our rights and duties under these Terms of Use to any party at any time
without notice to you. You agree that regardless of any statute or law to the
contrary, any claim or cause of action by you arising out of or related to the
use of this Site, these Terms of Use or the Privacy Policy must be filed by you
within one year after such claim or cause of action arose or be forever barred.
Should any provision of these Terms of Use be held to be unenforceable, that
provision will be limited to the minimum extent necessary, and the remaining
provisions hereof shall remain in full force and effect. The waiver of any
breach of these Terms of Use will not constitute a waiver of any other or
future breach and will not act to amend or negate the rights of the waiving
party. You may not assign your rights or obligations hereunder. The provisions
of these Terms of Use pertaining to disclaimers, exclusion of damages,
limitation of liability, and indemnification shall survive termination. The
word “including” is exemplary meaning “including, without limitation” or
“including, but not limited to” unless otherwise indicated.

If you have questions, please contact us at https://crossfitdartmouth.com/