GENERATION NEXT TERMS AND CONDITIONS OF USE
Last Updated: April 7, 2017
Welcome to Generation Next Athlete!
These terms and conditions of use (the “Terms”) outline the rules and regulations for the use of Generation Next Athlete’s website (the “Website”) and the purchase and use of Generation Next Athlete’s services (the “Services”). You should read these Terms carefully before using the Website or our Services.
By accessing, browsing and/or using the Website or the Services, you acknowledge that you have read and understand, and agree to, the Terms in full. If you do not accept all of the Terms, you do not have permission to access, browse, or use the Website and/or our Services. These Terms may have changed since your last visit to the Website and/or use of the Services. These Terms may be updated by us at anytime. Your continued use of the Website and/or Purchase and use of the Services after any such modifications constitutes your acceptance of the modified terms and conditions. As such, we strongly recommend that you periodically visit this page of the Website to review the Terms.
Generation Next Performance Athlete Testing & Analysis, LLC is the operator of the Website and provider of the Services. The following terminology applies to these Terms: “You” and “Your” refers to you, the person accessing the Website and/or using the Services and accepting these terms. “The Company”, “we”, or “us” refers to Generation Next Performance Athlete Testing & Analysis, LLC.
Third Party Website Links
Our Website may contain links to third-party websites or services that are not owned or controlled by the Company. Links to third party websites on the Website are provided for your convenience. If you use these links, you leave the Website. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on the Site, and agree to update such information if it changes.
Each registration is for a single user only. The Company does not permit you to share your username and password with any other nor with multiple users on a network. Responsibility for the security of any passwords issues rests with you.
Communications with You
We reserve the right to send messages to you to inform you of (a) changes or additions to the Website, the Services, this Agreement or, (b) violations of this Agreement or actions relating to your privilege to access and use the Site or the Services, (c) any other matter related to the Site, the Services or this Agreement or (d) for marketing and other purposes. Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement. You may unsubscribe from our marketing communications at any time, although you will continue to receive transnational messages from us.
Intellectual Property Rights and Ownership
All the materials and information displayed on and/or accessible through the Website, including without limitation text, graphics, images, articles, moving images, sound, and illustrations (the “Content”), is the property of the Company or others and is protected by United States and international copy right and other laws. All names, logos, trademarks, and service marks displayed on the Website (the “Trademarks”) are the property of the Company or their respective owners, who may or may not be affiliated with the Company. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content or Trademark without the written Permission of the Company or such other party that may own the applicable Content or Trademark. Nothing in the Terms constituted a waiver of any trademark, copyright, or other intellectual property rights. The Company reserves the right to enforce its intellectual property rights to the full extent of the law.
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of the Services or access to the Website or proprietary information related thereto.
If you believe that anything posted on the Website infringes any intellectual property right that you own or control, please provide the Company with the following written information:
- Name, address, telephone number, e‐mail address, and physical or electronic signature of the rights holder or someone authorized to act on the rights holder’s behalf;
- A description of the intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website, with enough detail that the Company may find it;
- A written statement that you have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the rights holder or authorized to act on the rights holder’s behalf.
The Company’s agent for notice of claims of intellectual property right infringement on the Website can be reached at email@example.com, attention: Matt Hagerty
Testing and Participant Data
Generation Next Athlete provides global standard testing utilize technology and training equipment.
In the event that we find that a participant’s test scores did not register with our testing platform during a testing session, we make every attempt to rectify the issue prior to the completion of the testing. If a participant’s data is found not to be complete at the end of an event, Generation Next Athlete will notify the customer, and will allow participants to retest in order to achieve complete results within 60 days of the original test at no cost or to be provided with the average score metric for the specific test in which the data is incorrect or missing.
Test result adjustments or retests are not applicable where a participant completed a test and is not satisfied with their score. All questions about retesting or adjustments should be sent to firstname.lastname@example.org
You hereby agree to defend, indemnify and hold harmless us, our affiliates and our underlying service providers (i.e. vendors who help us provide the Services), business partners, third-party suppliers and providers, members of our Network, account providers, licensors, distributors and agents and our and their respective officers, directors, employees, distributors and agents from and against any claims, damages, suits, actions, demands, proceedings (whether legal or administrative), losses, liabilities, penalties, settlements and expenses (including costs and reasonable attorneys’ fees) in connection with any claim or action that (a) arises from any actual or alleged breach by you of this Agreement; (b) arises from your contacts including the content or effects of any events you host or products or services you sell (including claims relating to violations of law, false advertising, injuries, illness, damages, death, taxes, fulfillment, breach of Offer Terms, defective products or services or unclaimed property); (c) arises from your provision of incomplete or inaccurate information to your participants or customers; (d) arises from your activities or postings in any Community; (e) arises from your use of any Third Party Service (as defined below); or (f) otherwise arises from or relates to your use of the Site or the Services. You agree to provide us with prompt written notice in the event of any such claims or actions. In addition, you acknowledge and agree that we have the right to seek damages when you use the Site or the Services for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Site or the Services, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
YOU EXPRESSLY AGREE THAT THE SITE AND THE SERVICES (INCLUDING ANY CUSTOM SERVICES OFFERINGS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE OR THE SERVICES AND ANY RELIANCE BY YOU UPON THE SITE OR THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR COMPLETELY SECURE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.
WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES.
IN ADDITION, WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (a) THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY CONTENT, OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US, OR (b) ANY EVENT HOSTED, DONATION SOLICITED, THE RESULTS OF ANY SURVEY, OR ANY PRODUCT OR SERVICE PURCHASED OR OTHERWISE OBTAINED FROM ANY THIRD PARTY, INCLUDING OUR CUSTOMERS.
NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SITE OR THE SERVICES SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SITE OR THE SERVICES.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICER, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE COLLECTIVE LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Purchase and Other Terms and Conditions
The accompanying order (the “Order Confirmation”) and these Terms, (collectively the “Agreement”) compromise the entire agreement between the parties, and supersedes all prior or contemporaneous understandings, agreement, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and Order confirmation, these Terms shall govern unless the Order Confirmation expressly states that the Terms and conditions of the Order Confirmation shall control.
The Company shall provide the services to Customer as described in the Order Confirmation in accordance with these Terms.
Customer shall cooperate with the Company in all matters relating to the Services and provide such access to Customer’s premises, and such office accommodation and other facilities as may reasonably be requested by us, for the purposes of performing the Services.
Customer shall obtain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to be provided.
In connection with the services provided by the Company, the Customer shall pay the fees set forth in the Order Confirmation. A non-refundable deposit of 50% based on the number of athletes to be tested is due to the Company no fewer than 30 days prior to testing with the invoice being provided. The remaining balance is due on the day of testing.
Full Force and Effect
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.\
We and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity in our sole discretion.
You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.
We are not liable for any default or delay in the performance of any of our obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond our reasonable control, including fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for us to perform our obligations hereunder.
Third Party Beneficiaries
The Company’s affiliates, underlying service providers, business partners, third-party suppliers and providers, members of our network, account providers, licensors, officers, directors, employees, distributors and agents are expressly made third party beneficiaries of this Agreement. Except as set forth in the immediately preceding sentence, nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.
Except as expressly set forth herein, no agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
Governing Law and Legal Actions
The Parties will attempt to resolve any dispute out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternate Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If the mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the state of New Hampshire, exclusive of conflict or choice of law rules.
If you have any questions about these Terms and Conditions, please contact us.