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PREMIUM ACCESS SUBSCRIBER AGREEMENT

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.