Terms and Conditions of Use
THE CROSSFITKOAKOA.COM WEBSITE, INCLUDING ALL OF ITS SUBSITES (TYPICALLY ANY WEB PAGES WHICH END IN CROSSFITKOAKOA.COM, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING SUBSITES: GAMES.CROSSFITKOAKOA.COM, JOURNAL.CROSSFITKOAKOA.COM AND CROSSFITKOAKIDS.COM) AND ALL SOFTWARE, PRODUCTS, FEATURES AND SERVICES MADE AVAILABLE, DISPLAYED OR OFFERED BY OR THROUGH OUR WEB SITE OR SUBSITES (COLLECTIVELY, THIS "SITE") IS OWNED AND OPERATED BY CROSSFITKOA, INC. ("CROSSFITKOA"). YOUR ACCESS AND USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE AND ALL APPLICABLE LAWS. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS AND CONDITIONS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT ACCESS, BROWSE, OR USE THIS SITE OR THE CONTENT OR SERVICES HEREON.
You expressly acknowledge and agree that CrossfitKOA 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 orother medical provider. You should not use the information provided on thisSite for diagnosing a health problem or disease. Prior to participating in any program, activity, exercise, diet, or use of any product, program, workout,exercise or treatment discussed on this Site, you should seek the advice ofyour physician and other qualified health-care professionals. You understand that the exercises and programs discussed on this Site can be strenuous andshould 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 CrossfitKOA or this Site are at your sole discretion and risk.
Use of Site; Limited License
All content on this Site and otherwise available through this Site, including designs, logos, artwork, text, graphics, images, data, information, software, music, sounds, interactive features, video, audio and other files, and their selection and arrangement, is owned by CrossfitKOA or its licensors. No Site content may be modified, distributed, framed, copied, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions of Use or as expressly authorized in writing by CrossfitKOA. Authorized users may access and use this Site and this Site's content and download or print a reasonable number of copies of portions of this Site content to which the user has properly gained access solely for the user's personal, non-commercial use (unless otherwise expressly authorized in writing by CrossfitKOA), provided that the user maintains all copyright or other proprietary notices on all copies of such Site content. You may not publish or otherwise distribute Site content, including via the Internet or any intranet or extranet site, or incorporate this Site content in any other database orcompilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site content. Any use of this Site or this Site's content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of this Site and this Site's content granted herein. All rights of CrossfitKOA or its licensors that are not expressly granted in these Terms and Conditions of Use are reserved to CrossfitKOA and its licensors.
Links to and from this Site
Unless otherwise notified by us, you are free to link to this Site so long as you make it clear that (a) the linked content belongs to CrossfitKOA; (b) such content is not your own; and (c) the originating website makes no claim of owning, being related to or owned or controlled by, being under common control with, or sanctioned by, approved by, or endorsed by, CrossfitKOA.
This Site may contain links or references to other websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Such third party sites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through this Site or any third party content posted on or available through this Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party content. Inclusion of, linking to or permitting the use of any third party site or any third party content does not imply approval or endorsement thereof by CrossfitKOA. If you decide to leave thisSite and access the third party sites or to access or use any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site or relating to any applications you use or install from this Site.
CrossfitKOA welcomes your participation and contributions to its online forums and discussions, including your feedback and comments on your experiences with the CrossfitKOA program, and CrossfitKOA's events, activities, competitions, certificate courses, seminars and workouts. But CrossfitKOA's policy is not to, and neither CrossfitKOA nor any of its employees will, accept or consider unsolicited ideas, suggestions and other material. This is to avoid the possibility of future misunderstandings arising if CrossfitKOA develops or implements or uses a program, product, service, feature, workout, software, application or tool that seems to be similar to your own ideas or creative work. If you do submit any feedback, comments, ideas, suggestions or material (collectively, "Submissions") to CrossfitKOA, including any Submissions that we have asked you not to submit to us, then regardless of what your Submission and any accompanying correspondence might say, by submitting your Submission you acknowledge and agree that:
- At the moment you submit your Submission to CrossfitKOA, you are automatically and irrevocably assigning your Submission and all rights to it to CrossfitKOA, and CrossfitKOA will have no obligations to you in relation to your Submission;
- In the event that your Submission is not assignable, CrossfitKOA will be irrevocably entitled to, throughout the world and in perpetuity, reproduce, publish, distribute, prepare derivative works from, display, perform, modify, adapt, broadcast, license, sell, translate, and otherwise use, any Submission for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to you, including sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by CrossfitKOA and/or its licensee(s) of any Submission violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for the material or ideas set forth therein;
- Your Submission will not contain any proprietary or confidential information;
- CrossfitKOA is under no obligation to keep your Submission confidential or to otherwise protect your Submission; and
- CrossfitKOA may already be considering or developing a similar idea, program, product, service, feature, movement, workout, software, application or tool.
You grant CrossfitKOA a license to use any materials that you submit, display, transmit, upload or post to this Site. By submitting, posting, uploading, displaying, performing, transmitting, or otherwise distributing information, videos, pictures, graphics, audio, music and sound, text, data, communications or other content ("User Content"), to this Site, you authorize CrossfitKOA to treat any User Content as non-confidential and non-proprietary, and grant CrossfitKOA, its subsidiaries, entities owned, related to or controlled by CrossfitKOA, officers, directors, employees, staff, consultants, agents, and representatives a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicenseable and freely transferable right and license to reproduce, publish, distribute, prepare derivative works from, display, perform, modify, adapt, broadcast, license, sell, translate, and otherwise use User Content, in whole or in part, in connection with the operation, promotion, marketing, and advertising of the business, products, programs, events, competitions and services of CrossfitKOA, including the exploitation thereof, in each case in any media formats and through any means or methods whether now known or hereafter discovered. Youagree that CrossfitKOA may so exploit your User Content without compensation or credit to you, including by sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up anyclaim that any use by CrossfitKOA and/or its third party providers or sublicensees of any User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for the material or ideas set forth therein. You agree that CrossfitKOA may publish or otherwise disclose your name in connection with your User Content. By posting User Content on this Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, upload, distribute, display, perform, transmit, or otherwise use User Content, and to license and permit CrossfitKOA to exploit the User Content as described above, and that CrossfitKOA's exploitation of the User Content as described above will not violate any rights of or require any compensation to any third party.
You are solely responsible for the User Content, messages, notes, text, information, listings, and any other content, material or data that you upload, publish or display on or through this Site, or transmit to or share with others. You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agreethat CrossfitKOA may, but is not obligated to, review this Site and may delete or remove (without notice) any Site content or User Content in its sole discretion, for any reason or no reason, including User Content that CrossfitKOA believes violates these Terms and Conditions of Use. CrossfitKOA has no backup or storage obligations regarding User Content.
CrossfitKOA does not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content. CrossfitKOAmakes no representations concerning and is under no obligation to prevent, the downloading, distribution, linking to, or re-posting of your User Content by third parties. You expressly waive any and all claims you may have against CrossfitKOA and release CrossfitKOA from any and all liability arising from or related to the User Content, including any exploitation of the User Content by a thirdparty, whether or not authorized by CrossfitKOA.
Reporting Violations of Your Copyrights
If you are a copyright owner, or an agent thereof, and believe that any of thecontent on this Site infringes upon your copyrights, pursuant to the Digital Millennium Copyright Act (the "DMCA"), you may submit a notification by providing our Copyright Agent with the following information:
- A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit CrossfitKOA to locate the material;
- Information reasonably sufficient to permit CrossfitKOA to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the right that is allegedly infringed.
You acknowledge that if you fail to comply with the procedures provided in thissubsection for reporting a claimed copyright infringement, your notice may not be valid under the DMCA. See 17 U.S.C. 512(c)(3) for further details.
If you believe that your content that was removed (or access was disabled to) is not infringing, or that you have authorization from the rightful copyright owner, the copyright owner's agent, or pursuant to law, to post and use theallegedly infringing material in your posted content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification or description of the material that has been removed or to which access has been disabled and the original location where the material appeared before it was removed or disabled;
- A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material removed or disabled; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the U.S. District Court for Cranford, NEW JERSEY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, CrossfitKOA may send acopy of the counter-notice to the original complaining party informing thatperson that it may replace the removed material or cease disabling it in 10business days. Unless the copyright owner files an action seeking a court order against the material provider, member or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more afterreceipt of the counter-notice, at CrossfitKOA's sole discretion. See 17 U.S.C. 512(g)(3) for further details.
Our designated Copyright Agent (the "Copyright Agent") will receive notifications of claimed infringement and counter-notices at 1250 Connecticut Avenue NW, Suite 200, Washington, D.C. 20036 or via email at gcagent@CrossfitKOAKOA.com. This e-mail address is intended solely for the receipt of legal "Notifications of Claimed Infringement" under the DMCA. It is not intended for general inquiries and permission requests concerning the use of CrossfitKOA content.
"CrossfitKOA", CrossfitKOA Games logos, the CrossfitKOA Journal logo, CrossfitKOA Kids logos and other CrossfitKOA graphics, logos, slogans, tag lines, designs, page headers, button icons, scripts and service names are the trademarks, trademarks or trade dress of CrossfitKOA in the U.S. and other countries. Unless expressly authorized by CrossfitKOA in writing, you may not use CrossfitKOA trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that CrossfitKOA endorses any product or service. You may not reproduce or use CrossfitKOA's trademarks or trade dress without the prior written permission of CrossfitKOA.
Copyright and Content
The contents of this Site are protected by copyright under United States and foreign laws. Title to the content of this Site remains with CrossfitKOA or its licensors. Any use of such content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the editorial discretion of CrossfitKOA. All rights not expressly granted herein are reserved to CrossfitKOA and itslicensors.
Use of Public Forums and Inappropriate Content
CrossfitKOA offers and maintains certain discussion boards, user forums and other places where the CrossfitKOA user community can post questions and share information, ideas, workouts or advice. You agree that you will not upload or transmit any User Content of any type to any Public Forums of this Site (including, without limitation, message boards, blogs, vlogs, bulletin boards, list serves, wiki's or other open forums made available though our Site) (a "Public Forum") that infringe or violate any rights of any party. By submitting any User Content to the Public Forums, you agree that such User Content is non-confidential for all purposes. If you use a Public Forum on this Site, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found on our Site. CrossfitKOA and any party involved in creating, producing, delivering or maintaining this Site are not responsible for the consequences of any communications in the Public Forums. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency and CrossfitKOA immediately.
You agree not to (including not facilitating or assisting), directly or indirectly, upload, download, link, stream, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, threatening, unlawful, fraudulent, harmful, harassing, tortious, vulgar, that may be invasive or violative of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, provincial, national or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; (d) distributes or facilitates the distribution of viruses, corrupted data, trojan horses, bots, keystroke loggers, worms, time bombs, cancelbots or other computer programming routines or computer code that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information; (e) adversely affects the availability of Site resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text) or excessively large embedded images); (f) solicits or disseminates surveys (other than any such functionality expressly provided for by the Public Forum that otherwise complies with these Terms and Conditions of Use), contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages; or (f) creates a false identity for the purpose of misleading others; (g) transmits or facilitates the transmission of any content to an e-mail address, messenger-feature address or other location that is not yours or to which you do not have the expressly authorized right to use without securing the prior authorization of the owner or licensor of such other address or other location; and (h) transmits or facilitates the transmission of any User Content that infringes any patent,trademark, trade secret, copyright, privacy, publicity or other proprietary, statutory, common law or other rights of any party.
CrossfitKOA reserves the right to terminate your receipt, transmission, or other distribution of any such material using this Site, and, if applicable, to delete any such material from its servers as well as to take any other action required or permitted under any applicable laws. CrossfitKOA intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions of Use or any applicable laws.
Other Prohibited Uses
You are prohibited from violating or attempting to violate, and agree not to violate or attempt to violate, any security features of this Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b)attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host or network; (d) using this Site to send unsolicited e-mail or other communications, including, without limitation, promotions, or advertisements for products or services; and (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt toreduce to human-perceivable form any of the source code used by CrossfitKOA in providing this Site. Any violation of system or network security may subject you to civil and/or criminal liability.
Alleged Violations (Termination)
CrossfitKOA reserves the right to suspend or terminate your use of this Site. To ensurethat CrossfitKOA provides a high quality experience for you and other uses of this Site, you agree that CrossfitKOA or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Site. CrossfitKOA does not intend to disclose the existence oroccurrence of such an investigation unless required by law, but CrossfitKOAreserves the right to suspend or terminate your account or your access to this Site immediately, with or without notice to you, and without liability to you, if CrossfitKOA believes that you have violated any of the Terms and Conditions of Use, furnished CrossfitKOA with false or misleading information, or interfered with the use of this Site by others.
Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned or licensed by CrossfitKOA or by any third party.
CROSSFITKOA AND CROSSFITKOA'S RELATED ENTITIES AND SUBSIDIARIES, INCLUDING ENTITIES IT OWNS, CONTROLS OR IS UNDER COMMON CONTROL WITH, CROSSFITKOA'S THIRD PARTY PROVIDERS, ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE "CROSSFITKOA PARTIES") HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE CROSSFITKOA PARTIES ARE MAKING THIS SITE AVAILABLE "AS IS" AND WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CROSSFITKOA PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE CROSSFITKOA PARTIES DO NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THIS SITE WILL BEUNINTERRUPTED, SECURE, BUG-FREE OR ERROR-FREE; NOR DO THE CROSSFITKOA PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.
SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS "NO WARRANTIES" SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL THE CROSSFITKOA PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THIS SITE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THIS SITE OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY CROSSFITKOA OR ANY THIRD PARTY, IN CONNECTION WITH THIS SITE; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS SITE, EVEN IF THE CROSSFITKOA PARTIES WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITH RESPECT TO ANY CONTEST OR COMPETITION OPERATED, HOSTED OR ORGANIZED BY CROSSFITKOA THAT MAY BE ACCESSIBLE FROM, OR REQUIRE REGISTRATION ON, THIS SITE, EACH REGISTRANT OR PARTICPANT AGREES TO BE BOUND BY CROSSFITKOA'S RULES AND POLICIES AND THE DECISIONS OF CROSSFITKOA, WHICH SHALL BE FINAL. CROSSFITKOA RESERVES THE RIGHT TO DISQUALIFY ANY PERSON, ENTRY, OR E-MAIL ADDRESS THAT CROSSFITKOA DETERMINES TO BE IN VIOLATION OF ANY TERM CONTAINED IN CROSSFITKOA'S RULES OR POLICIES OR THESE TERMS AND CONDITIONS OF USE. CROSSFITKOA IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR: (I) ANY ERRORS IN COMPETITION-RELATED MATERIALS, OR LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, STOLEN, INCOMPLETE, ILLEGIBLE, UNINTELLIGIBLE OR POSTAGE-DUE ENTRIES (AS APPLICABLE), NOTICES, RELEASES, FORMS, AFFIDAVITS, OR OTHER CORRESPONDENCE; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, INTERRUPTIONS OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) ANY CONDITION CAUSED BY EVENTS BEYOND THE CONTROL OF CROSSFITKOA THAT MAY CAUSE THE SITE, COMPETITION OR JUDGING TO BE DISRUPTED OR CORRUPTED; (V) ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF ANY PRIZE, OR ACCEPTANCE, POSSESSION, OR USE OF ANY PRIZE, OR FROM PARTICIPATION IN THE COMPETITION OR ARISING FROM THE REGISTRANT'S OR PARTICIPANT'S ACCESS TO AND USE OF THE SITE (AND ALL RELATED WEBSITES, INCLUDING WWW.CROSSFITKOAGAMES.COM), INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE, AND CLAIMSBASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, TO THE EXTENT PERMITTED BY LAW; OR (VI) ANY ERRORS IN ANY MATERIALS ASSOCIATED WITH THE COMPETITION. CROSSFITKOA RESERVES THE RIGHT TO CANCEL, SUSPEND AND/OR MODIFY THE COMPETITION IF ANY PROBLEM CORRUPTS THE ADMINISTRATION, SECURITY, OR OPERATION OF THE COMPETITION, AS DETERMINED BY CROSSFITKOA IN ITS SOLE DISCRETION. CROSSFITKOA RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL IT FINDS TO BE TAMPERING WITH THE ENTRY, REGISTRATION, SUBMISSION OR VOTING PROCESS OR THE OPERATION OF THE COMPETITION OR TO BE ACTING IN VIOLATION OF CROSSFITKOA'S RULES OR IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, CROSSFITKOA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. CROSSFITKOA'S FAILURE TO ENFORCE ANY TERM OF CROSSFITKOA'S RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY CROSSFITKOA PURSUANT TO THESE TERMS AND CONDITIONS OF USE, OR IN ANY OTHER WAY CONCERNING THIS SITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THIS SITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS "NO WARRANTIES" SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF CROSSFITKOA IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF THE CROSSFITKOA PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS AND CONDITIONS OF USE.
THE CROSSFITKOA PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ABUSIVE, THREATENING, UNLAWFUL, FRAUDULENT, HARMFUL, HARASSING, TORTIOUS, VULGAR, HATEFUL, RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE OR OFFENSIVE POSTING OR CONDUCT, ON THIS SITE BY ANYONE OTHER THAN AUTHORIZED CROSSFITKOA EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE CROSSFITKOA PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION,ADVICE OR OTHER CONTENT.
CROSSFITKOA DOES NOT ENDORSE, WARRANT OR GUARANTY ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SITE AND CROSSFITKOA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Some jurisdictions may not allow disclaimers of implied warranties and the abovedisclaimer may not apply to you only as it relates to implied warranties. In such jurisdictions, the above disclaimer will have the greatest extent permitted by applicable law.
Accuracy & Completeness
Due to constant advances in technology, strength and conditioning programs, andmedicine, the possibility of typographical error, unexpected scheduling changes of meetings, events, certificate courses, seminars, contests, competitions and educational opportunities posted on this Site, and the wide variety of authors contributing to this Site, readers are encouraged to confirm the information contained herein with other sources. Corrections and additions will be madeonly as allowed by the availability of time and resources. The accuracy andtimeliness of the information on this Site cannot be guaranteed.
YOU ACKNOWLEDGE AND AGREE THAT CROSSFITKOA DOES NOT, AS A PRACTICE, MONITOR THEACCURACY OR RELIABILITY OF CONTENT ON THIS SITE, NOR WILL WE HAVE ANY OBLIGATION OR LIABILITY TO DO SO. ALTHOUGH CARE HAS BEEN TAKEN IN PREPARING THE CONTENT, ALL INFORMATION, SERVICES AND CONTENT THAT IS PROVIDED HERE OR COULD BE REACHED BY USING THIS SITE AS A STARTING POINT IS PROVIDED TO YOU "AS-IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE INFORMATION, SERVICES AND CONTENT AVAILABLE THEREON IS AT YOUR OWN RISK. NEITHER CROSSFITKOA NOR ANY AUTHOR OR SUPPLIER CONTRIBUTING TO THIS SITE IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, SERVICES OR CONTENT.
NEITHER CROSSFITKOA, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE AND ANY CONTENT THEREON SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT OR SERVICES AVAILABLE THEREON OR WHICH CAN BE REACHED BY USING THIS SITE AS A STARTING POINT, OR ANY ERRORS OR OMISSIONS IN THE INFORMATION, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CROSSFITKOA, ANY PARTICIPATING ORGANIZATION OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT THEREON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY.
You agree to defend, indemnify and hold harmless CrossfitKOA and any other party involved in creating, producing, delivering or maintaining this Site and each of their respective officers, directors, employees, staff, agents, licensors, suppliers and third party partners from and against all losses, expenses, damages and costs, including without limitation, reasonable attorney and accounting fees, resulting from your violation of these Terms and Conditions of Use, the breach by you of any representations, warranties and/or covenants contained herein or your use of this Site.
Governing Law; Venue and Jurisdiction
The Terms and Conditions of Use are governed by the internal and substantive laws of the State of New Jersey without respect to its conflict of laws principles.
You expressly agree that exclusive jurisdiction for any dispute with CrossfitKOA, or in any way relating to your use of this Site, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction by the courts of the State of New Jersey in connection with any such dispute including any claim involving CrossfitKOA or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, content provides and any other party involved in creating, producing, delivering or maintaining this Site.
This Site is controlled and operated by CrossfitKOA from its offices within the State of New Jersey, United States of America. CrossfitKOA makes no representation that materials on or linked to from this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to United States export controls. No Software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. The sectionheadings used herein are for convenience only and shall not affect the interpretation of these Terms and Conditions of Use.
Our failure to exercise any right or remedy available upon your breach of theseTerms and Conditions of Use or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (a) our rights or remedies, (b) the requirement of punctual performance or (c) any right or remedy in connection with a subsequent breach or default on your party. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such terms and condition or any other term or condition.
We may assign these Terms and Conditions of Use with or without notice to one or more third parties.
CrossfitKOA KOA, LLC.
8 Eastman Street
Cranford, NJ 07016