TERMS AND CONDITIONS
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. GATORADE SPORTS SCIENCE INSTITUTE ("GSSI") BY USING AND/OR REGISTERING WITH THE GSSI WEBSITE (OUR "WEBSITE") YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS ("TERMS") STATED HEREIN. IF YOU DO NOT AGREE THESE TERMS, DO NOT USE AND/OR REGISTER FOR OUR WEBSITE.
The courses, tests, and reference materials provided by GSSI are based on scientific and technical research. However, they do not constitute a medical consultation and cannot replace medical advice. Before exercising, all athletes should get a medical checkup or otherwise be fit for this type of activity. Please be aware that any communication with the website occurs exclusively over the internet, and that GSSI is not completely familiar with any athlete’s individual physical characteristics and health. Also, any information you provide may not fully reflect the state of your or any other athlete’s health. It is therefore important that all athletes warm up and stretch before each workout, and use common sense while exercising. Do not go over the top when exercising! If you experience any pain, feel weak, dizzy or exhausted or become short of breath, immediately stop your workout.
YOU HEREBY AGREE TO THE FOLLOWING:
- I understand that Information herein is intended for professional audiences only, including scientists, coaches, medical professionals, athletic trainers, nutritionists and other sports health professionals who have a fundamental understanding of human physiology.
- I understand that before starting any fitness routine, including any training based on information obtained via the website, all athletes should consult with a doctor, and should not participate if advised not to.
- I understand that courses and training information found on the website may involve extreme physical exertion, with potential varying degrees of risk to the cardiovascular and/or musculoskeletal system, including but not limited to, long distance running and wind sprints.
- I understand that with any exercise there exists the possibility of adverse side effects, including but not limited to, fainting, abnormal blood pressure, heart arrhythmia, stroke, and rare instances of heart attack or even death.
- I warrant that the athletes I advise are in good health, and in proper physical condition to participate in any courses or training based on information available on the website
- I warrant that I know of no personal medical problems or conditions that would increase the risk of injury, illness, or harm to myself or any athletes I advise resulting from participation in any courses or training based on information available on the website.
- I warrant that my use of courses and training information available on the website is strictly voluntary.
- I understand that I am responsible for monitoring the condition of myself and any athletes I advise before, during, and after training based courses or training information available on the website, and I agree to immediately stop participating if I or any other athlete I advise experiences unusual symptoms, issues or conditions, including but not limited to medical or health symptoms or conditions.
- I fully accept all foreseeable and unforeseeable risk, and I accept all responsibility for losses or damages I may incur as a result of my use of any course or training information available on the website.
IN CONSIDERATION of being permitted to use courses or training information available on the website, you, for yourself, your personal representatives, heirs and next of kin, agree to the following:
I, for myself, my heirs, executors, administrators and assigns hereby release, discharge AND COVENANT NOT TO SUE, PepsiCo, Inc. and its affiliates, subsidiaries, officers, directors, employees, agents, promotion and advertising agencies, successors and assigns (“GSSI” or “Released Parties”) FOR ANY AND ALL CLAIMS, LIABILITIES, SUITS,DEMANDS, COSTS, EXPENSES AND ACTIONS OF ANY KIND WHATSOEVER WHICH I, MY HEIRS, EXECUTORS, ADMINISTRATORS OR ASSIGNS MAY HAVE ARISING FROM OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY PROPERTY DAMAGE, PERSONAL INJURIES, DISABILITY, DEATH OR OTHER DAMAGE SUFFERED BY ME, MY HEIRS,EXECUTORS, ADMINISTRATORS AND ASSIGNS OR ANY OTHER PARTY, WHETHER CAUSED, IN WHOLE OR IN PART, BY THE SOLE OR CONCURRENT NEGLIGENCE OR WRONGDOINGS, STRICT LIABILITY OR FAULT OF THE RELEASED PARTIES OR OTHERWISE.I warrant and represent that MY USE OF INFORMATION AVAILABLE ON THE WEBSITE IS WHOLLY VOLUNTARY, and that I am fully aware of the inherent hazards, dangers and risks involved, including SERIOUS INJURY AND/OR DEATH. I further acknowledge that there are natural factors and occurrences which may impact on or affect the safety of any exercise program or training information and I assume the risk of such factors and occurrences.I understand and acknowledge that the Released Parties have not arranged for and do not carry insurance of any kind for my benefit or that of my heirs, executors, administrators or assigns relative to my use of courses or training information available on the website. I further understand and acknowledge that I am solely responsible for obtaining and paying for any life, accident, property or other insurance relative to my courses or training information available on the website that I may desire.I warrant and represent that I: (i) am the owner of all rights granted hereunder or have been duly authorized by the owner of such rights to grant same and (ii) I am the age of majority in my state of residence or I am the legal parent or guardian of the minor child listed below and agreeing to these Terms on behalf of such minor child. I further represent that I HAVE READ AND HAVE UNDERSTOOD ALL OF THE PROVISIONS OF THE FOREGOING RELEASE AND AGREE TO BE BOUND BY ALL OF THEM. I understand that I have given up substantial rights by agreeing to this Release and have agreed to it freely and voluntarily without any inducement, assurance or guarantee being made to me and I INTEND MY AGREEMENT TO THE TERMS TO BE A COMPLETE AND UNCONDITIONAL RELEASE of all liability to the greatest extent allowed by law.
In order to earn Continuing Education Credit (“CE Credit”) as a sports health professional on the website, you will need to register for an account . Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.Without limiting any other remedies, GSSI may suspend or terminate your account if GSSI suspects that you have engaged in fraudulent activity in connection with this CE Credit Program. Participation in the CE Credit Program is subject to the Terms, as well as policies and procedures that GSSI may adopt or modify from time to time. Any failure to abide by the Terms or any policies or procedures implemented by GSSI, any conduct detrimental to GSSI, or any misrepresentation or fraudulent activity in connection with this CE Credit Program may result, in addition to any rights or remedies available to GSSI in law or equity, in the termination of participation in the Program, in GSSI's sole discretion.Participation in the CE Credit Program is offered at the discretion of GSSI and it reserves the right to modify the Terms, Program, conditions of participation, or any other aspect of the Program, in whole or in part, at any time, with or without notice. GSSI will give reasonable advance notice of any modification of the Terms hereof which may adversely impact your account or accumulated CE Credit. Your continued use of our CE Credit Program, following the posting of conspicuous notice of any modification, will indicate your acceptance of any modification to the Terms hereof. GSSI may terminate this CE Credit Program at will. You should not rely upon the continued availability of the CE Credit Program or the website.
The Site may include various forums where you can post your ideas, content, and observations on designated topics. We cannot guarantee that other users (or other parties) will not use the ideas that you share. Therefore, if you have an idea that you would like to keep confidential and/or do not want others to use, do not post it to the Site. THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS AND YOUR PARTICIPATION AND SUBMISSION HEREUNDER CAUSES YOU TO ENTER INTO A LEGAL AND BINDING AGREEMENT WITH GSSI. PLEASE READ THIS VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS BEFORE SUBMITTING ANY MATERIALS. Any submission(s) you make on this Website that contain content, including artwork, audio recordings, copy, images, music, photography, text, video recordings, ideas, written materials and/or other materials ('User Content') are governed by the following license terms ('License'):
1. You hereby grant to GSSI an irrevocable, nonexclusive, royalty-free perpetual license to use and exploit your User Content, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness and biographical data in connection with the User Content. GSSI shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this License in its entirety, without payment to you.
2. You hereby acknowledge and agree that: (a) GSSI shall have the right to crop, edit, alter or arrange the User Content in any way it desires in GSSI’s sole discretion; (b) GSSI shall not have any obligation to provide you with any credit when using your User Content, but in the event GSSI chooses to provide you with credit the size and placement of the credit shall be at GSSI’s sole discretion; (c) you shall waive any 'moral rights' that you may have in the User Content; and (d) you are not entitled to any compensation or other payment from GSSI in connection with the User Content. You understand that GSSI will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this License and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should GSSI use your User Content.
You represent and warrant that: (a) You have the full power and authority to grant the License described herein and to perform all of your obligations set forth in this License; (b) you are the author of the User Content and that each and every element of the User Content is an original work created by you; (c) you are the sole and exclusive owner of the User Content and all of the trademark and copyrights therein; (d) no third party is entitled to any compensation or payment as a condition for GSSI’s use and exploitation of the User Content; and (e) the User Content conforms to the Acceptable Use Policy described below.
ACCEPTABLE USE POLICY ('AUP').
GSSI expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to GSSI here.You are solely responsible for the User Content that you post on the Site or transmit to other users and agree that you will not hold GSSI responsible or liable for any User Content from other users that you access on the Site. Any User Content you provide to us should reflect your honest opinions, findings, beliefs or experience, and are within your personal knowledge.Categories of prohibited User Content below are merely examples and are not intended to be exhaustive. GSSI will make the sole determination as to whether or not User Content is acceptable for the Site. Without limitation, you agree that you will not post or transmit to other users anything that contains User Content that:
- is defamatory, abusive, obscene, profane or offensive;
- includes photographs, depictions or references to any people other than yourself, unless you have obtained all necessary permissions from those people;
- includes any material that is owned by anyone else or any company (such as video or film footage, photographs, pictures, drawings, cartoons, artwork, trademarks, visible logos, insignia, signage, slogans, phrases, written text, or other materials), unless you have obtained all required permissions from the owners;
- contains material that otherwise infringes or violates another party’s right of publicity, right of privacy or intellectual property rights of any person or company;
- is threatening or harassing or that promotes racism, bigotry or hatred of any kind against any group or individual or promotes or encourages actual violence against a person;
- is inaccurate, false or misleading in any way, including, but not limited to, User Content that falsely impersonates any person or organization, that misrepresents an affiliation with another person or organization, or that contains slanderous, libelous, critical, disparaging or spiteful content regarding any person or company or User Content submitted by another user of the Site;
- is illegal or promotes any illegal activity;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- contains any advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation or reference to any other product, offer or website; or
- does not otherwise comply with these Terms and Conditions.
GSSI is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with this Acceptable Use Policy. GSSI will make all determinations as to what User Content is appropriate in its sole discretion. We may include, edit or remove any User Content at any time without notice. You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that GSSI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.You may not use spiders, robots, data-mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site or otherwise manipulate the Site to exceed the limited authorization and access granted to you under these Terms. You may not harvest or collect e-mail addresses or other contact information of other users of the Site by electronic means.
USER CONTENT AND ELIGIBILITY TO PARTICIPATE IN CERTAIN SPORTS ORGANIZATIONS.
GSSI maintains this Site for informational and educational purposes. GSSI has invited you to post non-commercial User Content on this Site. Certain sports organizations have rules on amateurism and eligibility that could potentially be implicated if you post User Content on this Site, even User Content that you believe is noncommercial in nature. It is your responsibility to determine whether posting User Content on this Site will affect your eligibility to participate in any sport under any applicable rules of any sports organization. By posting User Content on this Site, you hereby release and hold harmless GSSI and its agents from any claim or liability arising from your posting of the User Content on this Site, including any claim that your posting of User Content has affected your eligibility to participate in any sport.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of the site, such as articles, text, graphics, courses, testing, information, and other material contained on site are for informational purposes only. GSSI is not engaged in providing medical advice or services. Any information should never be used as a substitute for the advice provided by a physician or other health care provider. Never disregard professional medical advice or delay in seeking it because of something you have read on the site!If you think you or any athlete you advise may have a medical emergency, call a doctor or 911 immediately. GSSI does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by the site, GSSI employees, others appearing on the site at the invitation of GSSI, or other visitors to the website is solely at your own risk.
TERMINATION OF ACCESS.
In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the website, at any time with or without notice and with or without cause. In addition, we may refer any information related to illegal activity on the website, including your identity, to the proper authorities.
You agree to defend, indemnify and hold harmless GSSI, and all of their officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your use of materials or features available on the website (except to the extent a claim is based upon infringement of a third-party right by materials created by GSSI) or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You should assume that all materials, research, designs, articles, courses, text and images (collectively, the 'Materials') contained in the website are either the copyrighted property of GSSI unless otherwise noted, or are the copyrighted property of third parties. You may download one single hard copy of Materials displayed on the website for noncommercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter or change any Materials or distribute,publish, transmit, reuse, repost or use the content of the website for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of GSSI, and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. GSSI neither warrants nor represents that your use of Materials displayed on the website will not infringe rights of third parties not owned by or affiliated with GSSI.This website contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by GSSI and its parent and subsidiaries and/or third parties (the 'Trademarks'). The Trademarks displayed on the website are registered and unregistered Trademarks of GSSI and/or third parties. Nothing contained on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the website, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, GSSI will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
LIMITATION OF LIABILITY/NO WARRANTY.
GSSI makes no representations that the Materials in this website are appropriate or available for use in other countries aside from the United States. Those who do access this website from other countries are solely responsible for compliance with local laws of that country. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED 'AS IS' AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.The failure of GSSI to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of GSSI, shall not be deemed a breach of these Terms.
This website is not intended for children under the age of 13. Children under the age of 13 are not permitted to register to use the interactive features of our website such as registering, signing up for e-mail notifications, or chat rooms and message boards. Please refer to our Privacy Notice for information on the types of information we collect in the registration process and our website and children.
THIRD PARTY LINKS.
This website may link to other sites not maintained by or related to GSSI. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this website or with the products and services of GSSI. GSSI has not reviewed all of the sites linked to the website and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk. GSSI has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of GSSI.
These Terms and Conditions are governed and interpreted under the laws of the state of Illinois, United States of America. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN COOK COUNTY, ILLINOIS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.Any claims asserted by you in connection with the website must be asserted in writing to GSSI within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions set forth the entire understanding and agreement between you and GSSI with respect to the website. You acknowledge that any other agreements between you and GSSI with respect to the website are superseded and of no force or effect.Both you and GSSI acknowledge and agree that no partnership is formed and neither you nor GSSI has the power or the authority to obligate or bind the other.No waiver of any provision or of any breach of these Terms and Conditions shall constitute a waiver of any other provisions or any other or further breach. In the event that any provision of these Terms and Conditions shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Terms and Conditions shall continue in full force and effect.