TERMS OF USE
These inGage Strength Website Terms of Use (Terms of Use) explain the contractual agreement between you, the person using this website ( inGage Strength Website) and inGage Strength (inGage, we, us, our) regarding your use of the inGage Strength Website. If you do not accept these Terms of Use, you are not authorized to use the inGage Strength Website. Your continued use is your automatic agreement to the applicable provisions in these Terms of Use.
We recommend that you review these Terms of Use. You may also print a copy for your records.
Background
We provide certain information about our products and services on the inGage Strength Website. We may add, delete or modify some or all of our services and information at any time.
Information Posted On Our Site
Information on the inGage Strength Website is provided AS IS and may contain technical inaccuracies or typographical errors. inGage Strength does not guarantee and is not responsible for the accuracy or any links to information provided on the inGage Strength Website, including but not limited to articles and regulations, and we do not guarantee that any such information is current. Information may be changed or updated without notice. inGage Strength may also make improvements and/or changes in the products and services described on the inGage Strength Website at any time without notice.
Updates To Terms Of Use
We may amend these Terms of Use at any time by posting the amended Terms of Use on the inGage Strength Website. Your continued use of the inGage Strength Website after the posting of the amended Terms of Use constitutes automatic acceptance of the amended Terms of Use. You may only amend these Terms of Use with a writing signed by both of us.
System Integrity
You may not use any device, software or routine, malicious code or repeated hacks or attacks on web server(s), intended to damage or interfere with the proper working of the inGage Strength Website or to surreptitiously intercept or expropriate any system, data or personal information from the inGage Strength Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, spam, or any other such unsolicited overload technique.
Privacy
We recommend that you review our privacy policy which is posted on the inGage Strength Website, and which is a part of these Terms of Use. We may also amend the privacy policy from time to time. If at any time you are not in compliance with the privacy policy, we have the right to terminate your rights of use and access to the inGage Strength Website. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not described in the privacy policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
Our Relationship
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and inGage Strength. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party.
Ownership
The inGage Strength Website and all intellectual property rights included in or related to the inGage Strength Website (including but not limited to copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in the inGage Strength Website and the related intellectual property rights remain our property (or the property of the respective licensors). You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the inGage Strength Website. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the inGage Strength Website, including its content.
Laws And Regulations
You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the inGage Strength Website; and (ii) release of information to and retrieval of information from the inGage Strength Website and any inGage Strength database. To the extent that any applicable taxes apply to your use of the inGage Strength Website, you are responsible for the payment of such taxes.
Termination Of Use
If at any time you are not in compliance with these Terms of Use, or if we are unable to verify or authenticate any information you release to us, we have the right to terminate your rights of use and your access to the inGage Strength Website. We also have the right to terminate your use at our discretion, for any reason or no reason.
Governing Law And Jurisdiction
The inGage Strength Website is operated by us from our offices in Raleigh, North Carolina, USA. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of North Carolina, USA, by accessing the inGage Strength Website, you agree that these Terms of Use and your use of the inGage Strength Website shall be governed in all respects by the internal substantive laws of North Carolina, United States of America, without regard to conflict of law provisions. inGage Strength makes no representation that materials on the inGage Strength Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Furthermore, any controversy or claim brought by you against inGage Strength arising out of or relating to these Terms of Use or the inGage Strength Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim brought by you shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Notice
Except as explicitly stated otherwise or required by law, you shall provide any notices to Spooky Nook Sports by e-mail to us at gageocker2112@gmail.com. Upon your request, you may have these Terms of Use sent to you by e-mail. Please feel free to contact inGage Strength to resolve a complaint regarding any aspect of service relating to this site by contacting us at 717.222.8932 or gageocker2112@gmail.com.
Limitation Of Liability
We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the inGage Strength Website.
In no event shall inGage Strength be liable for any direct, indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, related to your use or inability to use the website regardless of whether we knew or should have known of the possibility of such damages.
The limitations of liability provided in these Terms of Use inure to the benefit of inGage Strength, our affiliates and to all of our respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms of Use, in which case they are not applicable to you.
Other General Provisions
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
BY USING THE INGAGE STRENGTH WEBSITE AND/OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE ON THE REGISTERED USER REGISTRATION SCREEN(S) YOU ACCEPT AND AGREE TO THESE TERMS OF USE.
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