By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site (“Company”) reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this site following the posting of any changes constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement.YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this site from any country where this material is prohibited, please exit now as you do not have proper authorization.LICENSE TO USE THIS SITE AND MOBILE APP
Upon your agreement, Company hereby grants you a non-exclusive, non-transferable limited license to use this Site and Mobile App in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this site. You acknowledge and agree that all content and services available on this site are property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, mobile app laws and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services using your name and credit card through this Site and Mobile App, not to challenge any such charges and to pay for all collections and/or attorney’s fees resulting from any non-payment.LICENSE RESTRICTIONS
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.Security
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.Export
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation or local or foreign export laws and/or without all required U.S. and foreign government licenses.Government Use
If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisitions by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995. Unpublished rights reserved under the copyright laws of the United States.Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site and mobile app, we do not warrant or represent that the Site or mobile app will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being displayed. We reserve the right to correct any inaccuracies or typographical errors on our Site and Mobile App, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site and Mobile App’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact Company and we will verify it for you.LINKS TO OTHER WEBSITES AND MOBILE APP
Except with regard to personal information, all information which you post on this Site and Mobile App or communicate to the Company through this site (collectively “Submissions”) shall forever be the property of the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without copy, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.USER CONDUCT
By using features of this Site and Mobile App that allow you to post or otherwise transmit information to or through this Site and Mobile App, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:
A. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this Site and Mobile App’s rules or policies;
B. infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
C. constitutes unauthorized or unsolicited advertising, junk or bulk email or texts (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
D. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
E. impersonates any person or entity, including any employee or representative of this Site and Mobile App, its licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this Site and Mobile App or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email and texts or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.
This Site and Mobile App generally does not pre-screen, monitor, or edit the content posted by users of this Site and Mobile App. However, this Site and Mobile App and its agents have the right, at their sole discretion, to remove any content that, in this Site and Mobile App’s sole judgment, does not comply with the Site and Mobile App Submission Rules or is otherwise harmful, objectionable, or inaccurate. This Site and Mobile App are not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this Site and Mobile App may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this Site and Mobile App in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this Site and Mobile App may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this Site and Mobile App shall not be liable for damages or result of a subpoena or other legal action, and the owner of this Site and Mobile App shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this Site and Mobile App for such disclosure.INTELLECTUAL PROPERTY RIGHTS 1. Copyright
The Site and Mobile App design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site and Mobile App are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site and Mobile App does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site and Mobile App. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Company’s prior written permission.2. Trademark
Finish Line Network name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Finish Line Network. The use or misuse of any Marks or any other materials contained on the Site and Mobile App, without the prior written permission of their owner, is expressly prohibited.THIRD PARTY SITES AND MOBILE APPS
You may be transferred to online merchants or other third party sites and mobile apps through links or frames from this Site and Mobile App. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such site and mobile app. These sites and mobile app’s may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites and mobile app’s are not under the control of the Company and are not monitored or reviewed by the Company. The inclusion of such a link or frame does not imply endorsement of this Site and Mobile App by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and mobile app’s and your usage of them.RETURNS
Finish Line Network offers a thirty (30) day, money back guarantee on the initial subscription fee(s). All subsequent subscription fees are nonrefundable as the benefits of the service are realized immediately upon payment.
Upon cancellation of an Affiliate’s agreement, the participant may return resalable sales aids purchased within one (1) year from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. A Participant may only return sales aids he or she personally purchased from the Company under his or her Participant Identification Number, and which are in resalable condition. Upon receipt of the products and sales aids, the Participant will be reimbursed ninety (90%) percent of the net cost of the original purchase price(s), less shipping charges. If the purchases were made through a credit card, the refund will be credited back to the same account. The Company shall deduct from the reimbursement paid to the Participant any commissions, bonuses, rebates or other incentives received by the Participant that were associated with the merchandise that is returned.DISCLAIMER OF WARRANTIES
The Company, its advertisers and licensors make no representation or warranties about this Site and Mobile App, the suitability of the information contained on or received through use of this Site and Mobile App, or any service or products received through this Site and Mobile App. All information and use of this Site and Mobile App are provided “as is” without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties without regards to this Site and Mobile App, the information contained or received through use of this Site and Mobile App, and any services or products received through this Site and Mobile App, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant that the contents or any information received through this Site and Mobile App are accurate, reliable or correct; that this Site and Mobile App will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this Site and Mobile App are free of viruses or other harmful components. Your use of this Site and Mobile App is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this Agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.LIMITATION OF LIABILITY
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this Site and Mobile App. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this Site and Mobile App, or any services, information or products from this Site and Mobile App, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this Site and Mobile App for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third-party rights, that may defame a third-party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.CHOICE OF LAW AND FORUM
This Site and Mobile App (excluding third-party linked Sites and Mobile App’s) are controlled by the Company from its offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world, to the extent permitted by Site and Mobile App. As each of these places has laws that may differ from Florida, by assessing this Site and Mobile App, both you and the Company agree that the statutes and laws of Florida shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site and Mobile App, without regards to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Florida and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this Site and Mobile App are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.MISCELLANEOUS
This Agreement incorporates by reference the Site and Mobile App Submission Rules if this Site and Mobile App allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
This Site and Mobile App reserves the right to revise these provisions at its discretion, so check back from time-to-time to be sure you are complying with the current version.