Welcome to BeyondTheWhiteboard where you can become a part of a vast community dedicated to CrossFit. BeyondTheWhiteboard allows you to post and track your crossfit results. The service is operated by BadPopcorn, Inc. By accessing and using the BeyondTheWhiteboard web site (the "Web site") you agree to be bound by these Terms of Service (this "Agreement"). If you wish to become a Member and communicate with other Members and make use of the BeyondTheWhiteboard service (the "Service"), read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up page.
- Eligibility. You must be thirteen or over to register as a member of BeyondTheWhiteboard or use the Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that (a) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration information and Content (as defined below) you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Service does not violate any applicable law or regulation.
- Term. This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. BeyondTheWhiteboard may terminate your membership for any reason, at any time, including, without limitation, if BeyondTheWhiteboard believes that you are under thirteen years of age or you are in breach of any representation, warranty or covenant contained herein. If BeyondTheWhiteboard terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees should such fees be charged. Even after BeyondTheWhiteboard is terminated, this Agreement will remain in effect.
- Proprietary Rights in Content on BeyondTheWhiteboard. BeyondTheWhiteboard owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, trademarks, and other proprietary information of BeyondTheWhiteboard, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, republish, mirror, frame, transmit, distribute, perform, display, sell, or otherwise make available to third parties this Web site or any downloadable files or other material available on this Web site or any other such proprietary information.
- You expressly acknowledge and agree that Beyond The Whiteboard and this Site do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice or a medical examination. The content of this Site may contain general information relating to certain medical conditions and their treatment. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a physician or other medical provider. You should not use the information provided on this Site for diagnosing a health problem or disease. Prior to participating in any program, workout, training, activity, exercise, diet, or use of any product, program, workout, exercise or treatment discussed on this Site, or if you have any questions regarding a medical condition, seek the advice of your physician and other qualified healthcare professionals. You understand that the exercises and programs discussed on this Site can be strenuous and should be scaled or done in moderation. There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with this Site are at your sole discretion and risk. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information, workout or program provided by Beyond The Whiteboard or others appearing on the Site at the invitation of Beyond The Whiteboard, or other visitors to the Site is solely at your own risk.
Content Posted on the Site.
- You understand and agree that BeyondTheWhiteboard, may review and delete any personal information or profiles (collectively, "Content") that in the sole judgment of BeyondTheWhiteboard, violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- By posting Content to any public area of BeyondTheWhiteboard, you automatically grant, and you represent and warrant that you have the right to grant, to BeyondTheWhiteboard, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license in perpetuity, to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is
illegal or prohibited on the Web site. BeyondTheWhiteboard reserves
the right to investigate and take appropriate legal action in
its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication
from the Service and terminating the membership of such violators.
It includes Content that:
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; and
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not transmit any chain letters or junk email to other Members. Although BeyondTheWhiteboard cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BeyondTheWhiteboard reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BeyondTheWhiteboard deems appropriate in its sole discretion.
- Member Disputes. You are solely responsible for your interactions with other BeyondTheWhiteboard Members. BeyondTheWhiteboard reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Refunds. The Service is billed in advance on a monthly/yearly basis and is non-refundable. There will be no refunds given for partially used months.
- Cancellations. If you cancel prior to the processing of your first transaction you will not be charged. If you cancel the Service before the end of your current paid term, you cancellation will take effect immediately and you will not be charged again.
- Disclaimers. BeyondTheWhiteboard IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEB SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE WEB SITE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE AND BeyondTheWhiteboard DOES NOT WARRANT THAT THE CONTENT OF THE WEB SITE IS ACCURATE, TIMELY, RELIABLE, CORRECT OR COMPLETE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. BeyondTheWhiteboard IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEB SITE OR MEMBER OF THE SERVICE. BeyondTheWhiteboard ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. BeyondTheWhiteboard IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL BeyondTheWhiteboard BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEB SITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEB SITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEB SITE, WHETHER ONLINE OR OFFLINE. THE SERVICE AND ALL MATERIALS AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE ARE PROVIDED "AS IS" FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BeyondTheWhiteboard DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. BeyondTheWhiteboard CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE. BeyondTheWhiteboard DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND INFORMATION ON THIS SITE OR ANY SITES LINKED TO THIS SITE. NOR DOES TTP WARRANT THAT THE SITE WILL BE ACCESSIBLE AT ALL TIMES OR IN ALL GEOGRAPHIC AREAS. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM BeyondTheWhiteboard OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN... FURTHER, BeyondTheWhiteboard DOES NOT WARRANT THAT THIS SITE OR THE MATERIALS AND INFORMATION MADE AVAILABLE THROUGH IT ARE FREE FROM COMPUTER VIRUSES, WORMS OR OTHER HARMFUL EFFECTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK
- Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES SHALL BeyondTheWhiteboard BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO ANY LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES AND THE MATERIALS OR INFORMATION ON THE WEB SITE (OR SITES LINKED TO THE WEB SITE), EVEN IF BeyondTheWhiteboard HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN MAIL OR OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE OR INTERNET SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BeyondTheWhiteboard'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BeyondTheWhiteboard FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
- Disputes. If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California.
- Indemnity. You agree to indemnify and hold BeyondTheWhiteboard, its subsidiaries, affiliates, and their respective officers, agents, representatives and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between BeyondTheWhiteboard and any User of the Service.
- Errors and Omissions. Information on the Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. BeyondTheWhiteboard may also make improvements and/or changes to the items described in this information at any time without notice.
- Other. This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and BeyondTheWhiteboard regarding the use of the Web site and/or the Service. If any terms and conditions of this Agreement are not accepted by you in full, you do not have permission to access the contents of this Web site and therefore should cease using this Web site immediately The failure of BeyondTheWhiteboard to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this agreement.
BeyondTheWhiteboard is a service mark of BadPopcorn, Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE