Your use of TheAthleticsDepartment.com and any services
and information provided to Customer in connection with TheAthleticsDepartment.com's 'Premium Access' subscription
(hereinafter 'Materials') is subject to this Subscriber Agreement
("Agreement"), which supplement the Grace Media's Terms of Service ("TOS") located on the this
site and incorporated herein by reference. This site and all Materials are
controlled, operated and administered by Grace
Media, and by using or accessing TheAthleticsDepartment.com
or any of the Materials, you (as an authorized representative of the legal
entity using the Materials; hereinafter "Customer"), agree to be
bound by the laws of the United States and the terms of this Agreement. Grace Media reserves the right to
update and change, from time to time, this Agreement and all documents
incorporated by reference. Customer may find the most recent version of this
Agreement and the TOS at TheAthleticsDepartment.com.
To subscribe to TheAthleticsDepartment.com's
'Premium Access', you must be a registered
TheAthleticsDepartment.com user and
comply with this Agreement and the TOS. You acknowledge that you are responsible
for maintaining the security of, and restricting
access to, your account and password, and you agree to accept responsibility
for all purchases, subscriptions, and other activities that occur under your
account. Grace Media sells its products
only to those users who can legally make purchases with a credit card or other
acceptable payment methods offered by Grace
Media. Grace Media reserves the
right to refuse or cancel orders or terminate accounts, at any time in its
sole discretion.
License. Subject to the
other terms and conditions of this Agreement, Grace Media grants Customer a limited, non-sublicensable,
non-exclusive, non-transferable right and license, solely during the period for
which Customer maintains hereunder a paid subscription to the Materials, to
access and use the Materials, and to permit and have any employees of Customer
and those independent contractors to Customer who use the Materials through
Customer (hereinafter 'Authorized Users'), with Customer's authorization and
consent access and use the Materials, but only in accordance with this
Agreement; provided that, Customer's and its Authorized User's access and use
of TheAthleticsDepartment.com's
'Premium Access' shall be initiated
in each instance only through the login page.
Subscription Basis
Only. For the avoidance of doubt: (i) all licenses granted
hereunder to the Materials are granted on a subscription basis solely during
the period for which Customer maintains hereunder a paid subscription to the
Materials; and (ii) upon any termination of the subscription term, all such
licenses shall terminate and Customer and its Authorized Users shall have no
further right to access or use any of the Materials, with the exception of use
of Materials gathered during the subscription. Additional effects of
termination of this Agreement, and additional restrictions and limitations
regarding the Materials, are set forth elsewhere in this Agreement.
Customer Responsible for Authorized
Users.
Customer shall be responsible for the acts and omissions of each of the
Authorized Users and each such act or omission shall be attributable to
Customer as if done (or omitted to be done, in the case of an omission)
directly by Customer. Further, Customer shall ensure that each Authorized User
at all times fully complies with all terms and conditions in this Agreement to
the fullest extent this Agreement applies to Customer or such Authorized User.
Subject to the foregoing sentence, any non-compliance with any provision of
this Agreement by any Authorized User shall constitute a breach of this
Agreement by Customer.
Further, Customer
is responsible for all charges incurred under Customer's account made by
Customer, Authorized Users, or anyone who uses Customer's account (including
children, family, or friends). If Customer's payment method fails or Customer's
account is past due, we may collect fees owed using other collection mechanisms.
Customer's account may be deactivated without notice to Customer if payment
is past due, regardless of the dollar amount.
Certain
Restrictions and Limitations. Customer shall not (and shall not
allow any other person to): (i) reverse engineer, translate, decompile or
disassemble any portion of the Materials (or any products or processes
accessible through the TheAthleticsDepartment.com),
or otherwise discover or duplicate any content, data, technology, routines,
computer software, algorithms, methods or underlying ideas or design or user
interface techniques included in any of the Materials, or attempt to do any of
the foregoing, except and only to the extent that this limitation is expressly
prohibited by applicable law notwithstanding this limitation; (ii) alter or
modify in any way any of the Materials (including, without limitation, any
source, object or other code thereof) or make any derivative work based in any
way upon any of the Materials; (iii) create Internet "links" to any
of the Materials or TheAthleticsDepartment.com
or "frame" or "mirror" any of the Materials on any server
or wireless or Internet-based device; (iv) use any device, software or routine
to interfere or attempt to interfere with the proper working of any of the Materials;
(v) take any action that imposes an unreasonable or disproportionately large
load on the Materials infrastructure; (vi) use any data mining, robot, spider,
crawler, cancelbot, Trojan horse, or any data
gathering or extraction method or manual process in connection with use of any
of the Materials; (vii) remove, alter, add to, or obscure any copyright, trade
secret, or trademark notice or any user notice, warning, disclaimer, consent or
advisory pertaining to or included in any of the Materials; (viii) delete or
revise any material posted by any other person or entity without their prior
written consent or proper authority; (ix) post, transmit or store any content
or information that is unlawful, fraudulent, threatening, abusive, libelous,
defamatory, obscene or otherwise objectionable or harmful, or that infringes on
Grace Media's or any third party's
intellectual property or other rights; (x) post, transmit or store any personal
or confidential information about individuals or entities without the authorization
to do so; or (xi) print out or otherwise copy or use any personally
identifiable information about users for purposes other than as intended by
this Agreement.
Payment Method and Terms. We accept Visa, MasterCard, American Express, credit cards, and PayPal, as forms of payment. By submitting an order through TheAthleticsDepartment.com, you authorize Grace Media, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.
Refunds. Unlike
physical goods, electronically distributed information can be easily consumed
or copied. Accordingly, it is our policy that once we have provided the
information to a Customer, the sale is final, and the Customer may not return
information for a refund or credit.