PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE OUR WEBSITES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
URCUYO VENTURES, LLC TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (these “Terms”) contain the terms under which an athlete (the “Athlete”) agreeing to these Terms and desiring to participate in activities and/or programs organized by Urcuyo Ventures, LLC (“Organizer”) may use Organizer’s various websites, including but not limited to http://www.juliefoucher.com, http://trainwithjuliefoucher.com, http://www.trainretreat.com and http://pursuing-health.com (each a “Website” and collectively the “Websites”). Certain capitalized terms used in these Terms shall have the meaning ascribed thereto in Appendix I.
- Website Access and Use.Organizer hereby grants to Athlete a limited license to access and make personal use of the Websites solely for the purpose of registering with Organizer and exchanging information related to Athlete’s engagement with and/or participation in programs and events organized by Organizer. Such license is expressly limited and conditioned by the provisions set forth in these Terms, and by Website-specific access limitations established for certain of the Websites. Athlete hereby agrees not to download (other than page caching) or modify any Website or any part thereof (except to the extent necessary to execute such registration documents as may be required by Organizer for participants in activities coordinated through such Website). Organizer may revoke Athlete’s right to use any Website at any time for any or no reason.
- Athlete Qualifications. Athlete understands and acknowledges that Organizer’s programs are designed for individuals who are in good physical condition and are familiar with and capable of performing foundational CrossFit movements. Athlete represents to Organizer that Athlete meets these conditions, and is no less than 18 years old on the date that Athlete registers on the Website.
- Third Party Use. Athlete shall not permit any Third Party to use any Website using Athlete’s login and password information.
- Illegal or Abusive Usage is Strictly Prohibited. The Website does not presently allow Users to communicate, submit, upload or otherwise make available User Content, which may be accessible and viewable by other users of the Website. Organizer may choose, in the future, to provide a mechanism for such communications. Should Organizer implement this capability, Athlete hereby agrees that Athlete will be solely responsible for its User Content, and understands that it may not be possible to withdraw any such User Content once published. Athlete assumes all risks associated with its User Content, including anyone’s reliance on its accuracy and Athlete’s right to publish it. Athlete will not post or otherwise make available through the Website any User Content that it neither owns nor has the necessary permissions to use and authorize the use of as described herein. Athlete may not in any case imply that any of its User Content is in any way sponsored or endorsed by Organizer. Athlete may not submit or upload Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, lewd, offensive, indecent, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity (such Content “Offensive Content”), whether or not such material is protected by law. Athlete agrees not to use its access to the Website to publish or disseminate, or allow any other person to publish, republish or disseminate, any Offensive Content, nor use profanity in any posting to or made through the Website. Organizer reserves the right to remove, screen, edit or reinstate Licensee Content from time to time in Organizer’s sole discretion and without notice to Athlete. Organizer has no obligation to retain or provide Athlete with copies of Athlete’s User Content, nor does Organizer guarantee any confidentiality with respect to User Content posted to the Website by Athlete.
- Organizer Use of Posted Material and Images. Athlete acknowledges that any User Content posted in a public forum or otherwise made available to members of any of the Websites or the public on any of Organizer’s Social Media Accounts (which currently include Facebook, Instagram, and Twitter, among others) may be reposted or displayed by Organizer on any of Organizer’s Websites or Social Media Accounts, and in promotional material. Athlete acknowledges and agrees that any images or other User Content may be used by Organizer freely and without compensation to Athlete. Notwithstanding the preceding, Organizer will not use any User Content as a testimonial or endorsement without first securing Athlete’s consent.
- Proprietary Rights.Athlete acknowledges that Organizer is and shall remain the sole and exclusive owner of the domain names “juliefoucher.com”, “trainwithjuliefoucher.com”, “trainretreat.com” and “pursue-health.com”, the stylized “jf” design mark and other identified trademarks used on the Website, and all proprietary and Intellectual Property in all of the preceding. Athlete also acknowledges that Organizer claims copyright in all material it produces and displays on any Website, including but not limited to exercise and training programs. All rights in such material are reserved.
- Indemnification by Athlete. Athlete shall indemnify and hold harmless Organizer and its affiliates and independent contractors from and against any liabilities, costs, fees, and damages arising out of or relating to Athlete’s unauthorized use of the Website, dissemination through the Website of any Offensive Content, or other action in violation of these Terms, including, without limitation, any claim or suit by a Third Party alleging that Athlete’s User Content infringes any proprietary right of any Third Party, or has otherwise caused damage to such Third Party.
- Governing Law; Venue. These Terms shall be governed by and interpreted in accordance with the laws of the State of Ohio, without regard to its conflicts of laws principles. Any legal proceedings relating to the subject matter of these Terms will be maintained in the federal or state court located in Cuyahoga County, Ohio, and the parties consent and agree that such jurisdiction and venue for such proceedings lies exclusively with such federal and state courts.
- Notices. Any notice or other communication in connection with this Agreement (including invoices) must be in writing and if by mail, by certified mail, return receipt requested, and shall be effective when delivered to the addressee at the address listed below or such other address as the addressee shall have specified in a notice actually received by the addressor.
If to Company, then to
- Urcuyo Ventures, LLC, P.O. Box 602260, Cleveland, Ohio 44102 Attn: Julie Foucher-Urcuyo
- With a copy to: Law Office of Jeffrey P. Jones, LLC PO Box 1122 Hudson, Ohio 44236 Attn: Jeffrey P. Jones, Esq.
If to Athlete, then to the address provided to Organizer by Athlete upon such Athlete’s registration.
As used in this Agreement, the following terms, whether used in the singular or plural, shall have the following meanings:
“Content” means text, images, photos, audio, video, location data, coupons, discount and other promotional and pricing information and all other forms of data or communication.
“Intellectual Property” means all tangible and intangible (i) works of authorship, copyrights, moral rights, and mask works; (ii) trademarks and service marks (whether common or registered), trade names, inventions (patentable or unpatentable and whether reduced to practice or not), logos, slogans and domain names; (iii) trade secrets, know-how, and other confidential information; (iv) patents, designs, and algorithms; (v) other proprietary property commonly known throughout the world as intellectual property; and (vi) all registrations, applications, renewals, revisions, extensions, continuations, continuations-in-part, divisions, or reissues of any of the foregoing, now or in the future existing.
“Offensive Content” shall have the meaning ascribed thereto in Section 5 of these Terms.
“Social Media Accounts” means accounts allowing the user to participate in the exchange of media and/or communication across a proprietary platform operated by a third party, and includes accounts on Facebook, Instagram and Twitter, among others.
“Terms” shall have the meaning ascribed thereto in the introductory paragraph to this Agreement. “Terms” shall refer to this agreement with such changes as may be in effect from time to time.
“Third Party” means any person other than Organizer and Athlete.
“Url” means uniform resource locator.
“User Content” means Content that Athlete submits or transmits to, through, or in connection with the Websites or Social Media Accounts, such as logos, trademarks, reviews, comments, suggestions, messages, and information that you publicly display on or through the Website.
“Websites” shall have the meaning ascribed thereto in the introductory paragraph to this Agreement.