Effective Date: August 04, 201933
IMPORTANT NOTE: These Terms and Conditions for Use of Site contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see the "Disclaimer of Warranties", "Limitation of Liability" and "Arbitration Agreement" sections below for more information.
- Purchase of Products
If you make a purchase on this Site, your purchase is also governed by and subject to our Terms & Conditions of Sale. Please review our Terms & Conditions of Sale prior to making a purchase on this Site.
When you use this Site or send emails to us, you are communicating with us electronically. To the extent permitted by applicable anti-spam law, you consent to receive communications from us electronically. We will communicate with you by email, by posting notices on this Site, or through your account on this Site. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Active Academy may make changes to these Terms and Conditions for Use of Site at any time. We will provide you with notice if the changes are material and, where required by applicable law, we will obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have provided your email address to us or have an active account on this Site, we may notify you of material changes via your last known email and/or may ask you to affirmatively consent to the changes (e.g., by checking a box or clicking a button) at the time of your next account login on this Site. By continuing to use this Site after such notice and/or consent, you are bound by these Terms and Conditions for Use of Site as modified.
Reservation of Rights
We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate this Site or any portion thereof; (ii) restrict, limit, suspend or terminate any user's access to this Site or any portion thereof; (iii) monitor any user's activities on this Site to verify and ensure that user's compliance with these Terms and Conditions for Use of Site and any applicable law; and (iv) investigate any suspected or alleged violation of these Terms and Conditions for Use of Site or any applicable law and cooperate with authorities in such investigation.
Children and Minors
This Site is not intended for or directed to anyone who has not reached the age of majority in his/her state, province or country of residence. By using this Site, you warrant that you have attained the age of majority. You must have attained the age of majority to create an account, to make a purchase, or to submit User Content (as defined below) on this Site.
Accounts and Passwords
By creating an account on this Site, you represent and warrant that all registration information you submit to us is your own information and is truthful and accurate. It is your responsibility to notify us of any changes in your account information, including your contact information. As an account holder, you are responsible for safeguarding your account access information and are responsible for all use of your username and/or password and must keep these details secure. If you allow others to use your account, you are responsible for all their activities on your account.
We do not permit or tolerate any illegal, abusive, harmful or improper use of this Site or any Active Academy Content (as defined below). Without limitation to the generality of the foregoing, we specifically prohibit the following:
Active Academy Content
As used herein, "Active Academy Content" means any and all contents and materials provided by Active Academy and/or its licensors, including, without limitation, text, editorials, blogs, artwork, graphics, images, photos, videos, audios, music, advertisements, product information and images, marks, logos, slogans, links, software, downloadable apps, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, indexes and directories.
As used herein, "User Content" means any and all contents and materials originated by users, including, without limitation, user reviews and comments, user idea submissions, and user-submitted text, photos, images, artwork, videos, audios, etc., but specifically excluding any Active Academy Content. You own any User Content originated by you, and Active Academy does not claim ownership rights in your User Content. However, by submitting User Content to this Site (whether your submission is solicited or unsolicited), you acknowledge and agree to all of the following:
Right to Remove User Content; No Obligation to Monitor
Active Academy reserves the right at any time, but with no obligation, to remove, take down, block, disable or deny access to any User Content that, in our sole judgment, violates these Terms and Conditions for Use of Site or any applicable law, or may expose or subject Active Academy to liability of any kind, or may adversely affect the reputation or goodwill of Active Academy.
Active Academy assumes no responsibility for monitoring this Site for inappropriate User Content or conduct. If at any time Active Academy elects to monitor this Site, Active Academy nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any inappropriate User Content, and assume no responsibility for the conduct of any user.
Interactions between Users
You are solely responsible and assume all risks for any and all interactions with other users of this Site. Other users may not comply with these Terms and Conditions for Use of Site and could post User Content that breaches these Terms and Conditions for Use of Site. You should take care when interacting with other users of this Site.
This Site may include links (including through advertisements displayed) to websites, products and services owned or operated by third parties unaffiliated with Active Academy (each, a "Linked Third-Party Site/Product/Service"). Such links do not constitute or imply Active Academy's approval, sponsorship or endorsement of any Linked Third-Party Site/Product/Service. Active Academy is not responsible for and makes no representations or warranties, express or implied, regarding any Linked Third-Party Site/Product/Service. You access and use a Linked Third-Party Site/Product/Service solely at your own risk. When you access and use a Linked Third-Party Site/Product/Service, you are subject to that third party's terms and conditions of use. Any rights, claims or actions you may have in respect of a Linked Third-Party Site/Product/Service can only be brought directly against the owner or operator of the Linked Third-Party Site/Product/Service. Active Academy may receive linking/referral fees, commissions, and/or other payments from the owner or operator of a Linked Third-Party Site/Product/Service, and you will have no right or claim whatsoever with respect to such fees, commissions, and payments.
Linking to Active Academy Website
You may link to this Site, but subject to the following conditions:
Sweepstakes, Contests, etc.
Active Academy may from time to time conduct sweepstakes, contests, games and other prize promotions on this Site. Participation in such sweepstakes, contests, games and other prize promotions will be subject to Active Academy's published official rules.
Use of Software
If you acquire or download any software (including any mobile app) made available by Active Academy or any of its licensors or business partners on this Site ("Software"), you acknowledge that your use of the Software is also subject to the terms and conditions of the applicable end user license agreement that accompanies the Software or, if there is no such end user license agreement, the following additional terms and conditions:
Product Information and Availability
We aim to display our product information on this Site as accurately as possible. However, because actual colors you see depend on your monitor or device, we cannot guarantee your monitor's or device's display of any color will accurately reflect actual product color or finish. Also, product information displayed on this Site may contain typographical or other human errors and may not be 100% complete or current despite our efforts. Accordingly, we do not guarantee or warrant that all product information and images displayed on this Site will be accurate in all respects.
We do not guarantee or warrant the availability of any product displayed on this Site. We reserve the right, without notice or liability to you, to change, discontinue or stop the offering of any product.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY ACTIVE ACADEMYAND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ACTIVE ACADEMYAND THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS SITE OR ANY ACTIVE ACADEMYCONTENT OR ANY USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- ACTIVE ACADEMYAND THEIR SUCCESSORS AND ASSIGNS RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH ACTIVE ACADEMYAND THEIR SUCCESSORS AND ASSIGNS IN ASSERTING ANY AVAILABLE DEFENSES.
Active Academy will not be liable for any delay in performing any of its obligations if the delay is caused by circumstances beyond its reasonable control, such as failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries. Assignability
You acknowledge and agree that Active Academy may at any time, without giving you notice or seeking your consent, transfer and assign all personal information, User Content and associated rights and licenses that Active Academy has obtained from you as well as all agreements Active Academy has made with you in connection with your use of this Site, to (i) an affiliate or (ii) a third party that acquires or merges with Active Academy or to which Active Academy sells or otherwise transfers its business or assets (including this Site).
If any provision contained in these Terms and Conditions for Use of Site is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms and Conditions for Use of Site will not be affected and shall remain in full force and effect.
A failure by Active Academy to exercise or enforce any right or provision under these Terms and Conditions for Use of Site will not constitute a waiver of the right or provision. Any waiver of any provision under these Terms and Conditions for Use of Site will only be effective if it is in writing and signed by Active Academy.
To contact us, please use the information below:
Attention: Sales Department
- using this Site or any Active Academy Content other than for your own internal business or personal use strictly in accordance with these Terms and Conditions for Use of Site and our Terms & Conditions of Sale (applicable to any Active Academy product you purchase through this Site);
- using this Site or any Active Academy Content in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
- impersonating another person or entity, or falsifying account information, or making unauthorized use of another person's or entity's information;
- creating (or attempting to create) multiple accounts on this Site (including using proxy IP addresses or falsified/fake identities to hide the use of multiple accounts) for the purpose of disrupting this Site or other users;
- using any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Site or any server, network or system associated with this Site, or to extract, collect, harvest or gather content or information from this Site;
- interfering in any way with the operation of this Site or any server, network or system associated with this Site, including, without limitation, hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of this Site or any server, network or system associated with this Site; breaching or circumventing firewall, encryption, security or authentication routines; accessing, using or retrieving data not intended for you, or accessing another user's account without permission;
- creating works or materials (including, without limitation, fonts, icons, link buttons, wallpapers, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards, and other merchandise or digital goods) that derive from or are based on any Active Academy Content, regardless of whether such derivative works or materials are sold, bartered or given away;
- either directly or through the use of any device, software, internet site, web-based service or other means, removing, altering, bypassing, circumventing, avoiding, or interfering with any copyright, trademark, or other proprietary notice contained on this Site or in any Active Academy Content, or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with this Site or any Active Academy Content, including geo-filtering mechanisms;
- framing or otherwise creating a browser or border environment around any Site page or any Active Academy Content, or deep-linking to any Active Academy Content or any internal page of this Site;
- using the Active Academy mark or logo or any other mark, logo or source identifier of Active Academy or its corporate affiliates (whether registered or unregistered), including, without limitation, in any manner (including as meta tags or ad keywords), except as necessary to make reference to Active Academy in a truthful and non-misleading and purely descriptive and nominative manner;
- submitting, uploading, posting or transmitting any User Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- engaging in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- sending or causing others to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind;
- soliciting, collecting or requesting personal information from others for commercial or unlawful purposes;
- submitting, uploading, posting or transmitting an image or video of another person without that person's consent;
- engaging in "trolling," such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;
- Engaging in commercial activity, including, without limitation, advertisements or solicitations of business, purchase, or participation in any game or promotion.
- To submit User Content to this Site, you must have attained the age of majority in your state, province or country of residence.
- By submitting User Content to this Site, you represent and warrant that: (1) your submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of payment, secrecy or confidentiality; (2) your submission does not contain any confidential information and may be seen by others; and (3) your submitted User Content contains no material that infringes upon any third-party right or violates any applicable law.
- By submitting User Content to this Site, you grant to Active Academy and their successors and assigns a non-exclusive, irrevocable, worldwide, perpetual, fully paid up and royalty-free, freely sub licensable, freely assignable and transferable, unlimited and unrestricted license to use, copy, reproduce, store, archive, modify, excerpt, adapt, translate, create derivative works and compilations based upon, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, and otherwise exploit your submitted User Content, including your name, voice, likeness, performance, life stories, and biographical information contained in such User Content, as well as any and all ideas, concepts, facts, information, stories, know-how, and techniques embodied in your submitted User Content, in any and all formats and media now known or hereafter devised (including, without limitation, television, radio, theatrical, Internet, mobile, digital, electronic, and print media) and for any and all commercial and non-commercial purposes (including, without limitation, product development, marketing, advertising, promotion, sale, distribution, social media campaigns, merchandising, publishing, education, and charity). The aforementioned license will continue and remain in full force and effect even if you subsequently terminate or cancel your account on this Site or delete the submitted User Content from your account.
- By submitting User Content to this Site, you acknowledge and agree that: (1) your submission is not being made in confidence or in trust, and no contractual, fiduciary or confidential relationship of any kind (whether express or implied) is created between you and Active Academy by reason of your submission; (2) Active Academy and their successors and assigns are under no obligation whatsoever to use your submitted User Content for any purpose or in any manner, and any decision of use or non-use is entirely and solely at the discretion of Active Academy and their successors and assigns; (3) if Active Academy and their successors and assigns decide to make any use of your submitted User Content, Active Academy and their successors and assigns will have no obligation or liability to you whatsoever, and you will have no right or claim to any compensation, payment, credit, attribution, notice, approval or inspection of any kind whatsoever with respect to any such use; (4) other persons, including, without limitation, employees and contractors of Active Academy, may have independently developed, or may hereafter independently develop content or material that is identical or similar to your submitted User Content, and content or material that is identical or similar to your submitted User Content may have already been, or may hereafter be, in the public domain; and (5) your submission is not returnable and may be retained indefinitely by Active Academy and their successors and assigns.
- By submitting User Content to this Site, you further acknowledge and agree that, to the extent your submission includes any idea, concept, suggestion, design, drawing, image or artwork for a prospective product name, mark, logo, slogan, tagline, domain name, or other source identifier, Active Academy and their successors and assigns will be free (with no obligation) to adopt, use, license, and register such name, mark, logo, slogan, tagline, domain name, or other source identifier (including any variation thereof) for and in connection with their businesses throughout the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, licensing and registration.
- By submitting User Content to this Site, you waive the right to assert against Active Academy and their successors and assigns, and you release and forever discharge Active Academy and their successors and assigns from, any and all claims and damages based upon or relating to your submitted User Content, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right to one's image, violation of moral or author's rights or the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.
- Your submission is subject to such additional rules and guidelines as may be prescribed by Active Academy and their successors and assigns.
- Your link must be a text-only link;
- You do not frame or otherwise create a browser or border environment around any page of this Site or any Active Academy Content;
- You do not deep-link to any Active Academy Content or any internal page of this Site;
- You do not link to any live stream or live streaming event on this Site (except with our express prior written consent);
- You do not use any Active Academy logo or design mark in or as your link;
- You do not link to this Site from any pornographic or sexually oriented website;
- You do not misrepresent or falsely suggest that your website, content, product or service is sponsored, endorsed or approved by, or is affiliated or associated with, Edelweiss;
- You do not publish false, misleading or inaccurate information about, or otherwise disparage, Active Academy or any Active Academy Content;
- Active Academy is under no obligation to support your link.
- The Software is for your own internal business or personal use only.
- All right, title and interest in and to the Software, including, without limitation, all copyrights and other intellectual property rights, will remain with Active Academy and/or the provider or licensor of the Software.
- You may not copy, modify, sell, distribute, disseminate, transmit, translate, reverse engineer, decompile or disassemble the Software.
- You may not bypass, disable, deactivate or render ineffective any protection or security scheme or program contained in the Software.
- You may not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in the Software.
- All Software provided on this Site is subject to United States export control laws and regulations. No Software may be downloaded from this Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other Country to which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading, installing or using any Software obtained from this Site, 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. You may not download, install, use, export or re-export the Software or any underlying information or technology except in full compliance with United States export control laws and regulations.
- You acknowledge that, unless expressly otherwise stated, Active Academy provides no assistance, including any technical or customer support, in the use of the Software and your use of the Software is at your own risk.
- ACTIVE ACADEMYMAKES NO WARRANTY OR REPRESENTATION REGARDING THIS SITE OR ANY ACTIVE ACADEMYCONTENT.
- THIS SITE AND ALL ACTIVE ACADEMYCONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACTIVE ACADEMYDISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THIS SITE AND ALL Active Academy CONTENT.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACTIVE ACADEMYDOES NOT WARRANT THAT THIS SITE AND ALL ACTIVE ACADEMYCONTENT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS SITE AND ALL ACTIVE ACADEMYCONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THIS SITE AND ALL ACTIVE ACADEMYCONTENT ENTIRELY AT YOUR OWN RISK.
- SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
- You and Active Academy agree that any dispute, claim or controversy arising out of or relating in any way to this Site or these Terms and Conditions for Use of Site, will be resolved by binding arbitration, except that: (1) either you or Active Academy may assert claims, if they qualify, in a small claims court; and (2) Active Academy may bring a court action solely for injunctive relief to stop unauthorized use or abuse of this Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), without first engaging in arbitration or the informal dispute resolution process described in this arbitration agreement. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms and Conditions for Use of Site, the U.S. Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration agreement, and that you and Active Academy are each waiving the right to a trial by jury or to participate in a class action. This arbitration agreement will survive termination of these Terms and Conditions for Use of Site and the termination of your relationship with Edelweiss.