It’s legal stuff–not fun, but necessary on the interwebs.
Overview
Privacy Policy of injuredathletestoolbox.com
This Application collects some Personal Data from its Users.
Personal Data collected for the following purposes and using the following services:
Access to third party services’ accounts
Access to the Facebook account
Permissions: About Me, Chat, Events, RSVP to Events, and Various types of data
Access to the Twitter account
Personal Data: Various types of Data
Analytics
Google Analytics
Personal Data: Cookie and Usage Data
Contacting the User
Contact form
Personal Data: First Name, Last Name and Phone number
Mailing List or Newsletter
Personal Data: Email, First Name, and Last Name
Content commenting
Comment system managed directly
Personal Data: Email, First Name, and Last Name
Content performance and features testing (A/B testing)
Google Website Optimizer
Personal Data: Cookie and Usage Data
Managing email addresses and sending messages
Mailchimp
Personal Data: Email
SPAM protection
Akismet and VERSCaptcha
Personal Data: Various types of Data
Contact information
Data owner
Injured Athlete’s Toolbox | Austin, Texas, heidi@injuredathletestoolbox.com
Complete Privacy Policy
Data Controller and Owner
Injured Athlete’s Toolbox | Austin, Texas,
heidi@injuredathletestoolbox.com
Types of Data collected
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookie, Usage Data, First Name, Last Name, Phone number and Email.
Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.
The Personal Data may be freely provided by the User, or collected automatically when using this Application.
Any use of Cookies – or of other tracking tools – by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
Failure to provide certain Personal Data may make it impossible for this Application to provide its services.
The User assumes responsibility for the Personal Data of third parties published or shared through this Application and declares to have the right to communicate or broadcast them, thus relieving the Data Controller of all responsibility.
Mode and place of processing the Data
Methods of processing
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
Place
The Data is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
Retention time
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
The use of the collected Data
The Data concerning the User is collected to allow the Application to provide its services, as well as for the following purposes: Analytics, Contacting the User, Content commenting, Content performance and features testing (A/B testing), Managing email addresses and sending messages, SPAM protection and Access to third party services’ accounts.
The Personal Data used for each purpose is outlined in the specific sections of this document.
Facebook permissions asked by this Application
This Application may ask some Facebook permissions allowing it to perform actions with the User’s Facebook account and to retrieve information, including Personal Data, from it.
For more information about the following permissions, refer to the Facebook permissions documentation and to the Facebook privacy policy .
The permissions asked are the following:
Basic information
By default, this includes certain User’s Data such as id, name, picture, gender, and their locale. Certain connections of the User, such as the Friends, are also available. If the user has made more of their data public, more information will be available.
About Me
Provides access to the ‘About Me’ section of the profile
Chat
Provides applications that integrate with Facebook Chat the ability to log in users
Events
Provides access to the list of events the user is attending
RSVP to Events
Enables the application to RSVP to events on the user’s behalf.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
Access to third party services’ accounts
These services allow this Application to access Data from your account on a third party service and perform actions with it.
These services are not activated automatically, but require explicit authorization by the User.
Access to the Facebook account (This Application)
This service allows this Application to connect with the User’s account on the Facebook social network, provided by Facebook Inc.
Permissions asked: About Me, Chat, Events and RSVP to Events.
Place of processing : USA – Privacy policy
Access to the Twitter account (This Application)
This service allows this Application to connect with the User’s account on the Twitter social network, provided by Twitter Inc.
Personal Data collected: Various types of Data.
Place of processing : USA – Privacy policy
Analytics
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics (Google)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookie and Usage Data.
Place of processing : USA – Privacy policy – Opt Out
Contacting the User
Contact form (This Application)
By filling in the contact form with their Data, the Users authorizes this Application to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.
Personal Data collected: First Name, Last Name and Phone number.
Mailing List or Newsletter (This Application)
By registering to the mailing list or to the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning this Application. Your email address might also be added to this list as a result of signing up to this Application or after performing a purchase.
Personal Data collected: Email, First Name and Last Name.
Content commenting
Content commenting services allow Users to make and publish their comments on the contents of this Application.
Depending on the settings chosen by the Owner, Users may also leave anonymous comments. If there is an email address among the Personal Data provided by the User, it may be used to send notifications of comments on the same content. Users are responsible for the content of their own comments.
If a content commenting service provided by third parties is installed, it may still collect web traffic data for the pages where the comment service is installed, even when users do not use the content commenting service.
Comment system managed directly (This Application)
This Application has its own internal content comment system.
Personal Data collected: Email.
Content performance and features testing (A/B testing)
The services contained in this section allow the Owner to track and analyze the User response concerning web traffic or behavior regarding changes to the structure, text or any other component of this Application.
Google Website Optimizer (Google)
Google Website Optimizer is an A/B testing service provided by Google Inc.
Google may use Personal Data to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookie and Usage Data.
Place of processing : USA – Privacy policy
Managing email addresses and sending messages
These services make it possible to manage a database of email contacts to communicate with the User via email.
The services are used to collect data concerning the date and time when the mail is viewed by the User, as well as when the User interacts with incoming mail, such as by clicking on links included in the email.
Mailchimp (Mailchimp)
Mailchimp is an email address management and message sending service provided by Mailchimp Inc.
Personal Data collected: Email.
Place of processing : USA – Privacy policy
SPAM protection
These services analyze the traffic of this Application, potentially containing Users’ Personal Data, with the purpose of filtering it from parts of traffic, messages and content that are recognized as SPAM.
Akismet (Automattic Inc.)
Akismet is a SPAM protection service provided by Automattic Inc.
Personal Data collected: Various types of Data.
Place of processing : USA – Privacy policy
VERSCaptcha (Versatility Werks)
VERSCaptcha is a SPAM protection service provided by Versatility Werks.
Personal Data collected: Various types of Data.
Place of processing : USA – Privacy policy
Additional information about Data collection and processing
Legal Action
The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User is aware of the fact that the Data Controller may be required to reveal personal data upon request of public authorities.
Additional information about User’s Personal Data
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.
System Logs and Maintenance
For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data (such as IP Address).
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.
The rights of Users
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
This Application does not support “Do Not Track” requests.
To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Changes to this privacy policy
The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller erase the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.
Information about this privacy policy
The Data Controller is responsible for this privacy policy, prepared starting from the modules provided by Iubenda.
Definitions and legal references
Personal Data (or Data)
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Usage Data
Information collected automatically from this Application (or third party services employed in this Application ), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
User
The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.
Data Subject
The legal or natural person to whom the Personal Data refers to.
Data Processor (or Data Supervisor)
The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy.
Data Controller (or Owner)
The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
This Application
The hardware or software tool by which the Personal Data of the User is collected.
Cookie
Small piece of data stored in the User’s device.
Legal information
Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.
This privacy policy relates solely to this Application.
More details in plain English
Injured Athlete’s Toolbox provides the following privacy policy (the “Privacy Policy”) in order to demonstrate our firm commitment to privacy. Injured Athlete’s Toolbox may need to change this Privacy Policy from time to time in order to address new issues and to reflect changes on our web site. Please refer back to this Privacy Policy regularly because your use of the web site signifies that you agree to be bound by the terms and conditions of this Privacy Policy, as amended from time to time.
a. Collection of Personal Information
Injured Athlete’s Toolbox may ask for information about our users at the point of registration. Such information may include name, age, education level, gender, e-mail address, zip code and areas of interest. This information tells us about the types of people (e.g., providers vs. patients) who use the web site, allows us to verify a user’s identity and helps us tailor the web site to our audience.
b. Use of Personally Identifiable Information
Injured Athlete’s Toolbox will not sell or otherwise transfer or disclose personally identifiable information to third parties without the user’s prior consent except as may be required by federal, state or local law, or by exigent circumstances. That means that Injured Athlete’s Toolbox will not disclose your name, e-mail address, street address or phone number without your consent. We may use your personally identifiable information to compile and display content and information that we think you might be interested in. Injured Athlete’s Toolbox also may use your profile information on an aggregate basis—without personal identifiers—to develop and display new features and content for the web site, and to provide others with aggregate information about our users and the usage patterns of the web site. Injured Athlete’s Toolbox also may perform statistical analyses of user behavior (on an aggregate basis) in order to measure interest in and use of the various areas of the web site.
c. Use of Personally Identifiable Information
Injured Athlete’s Toolbox web site also may provide user profile and contact data such as name, address, telephone number, city, state, job title, and workplace to other users through an online user directory and database. Other identifying information is not made available. Users of the web site agree to use directory and database information for individual, personal and confidential reference purposes only and agree not to use the directory or databases, in whole or in part, for mailing lists, solicitations, fundraising or commercial purposes. Users of the web site further understand and agree that their names and contact information may be posted on this site in a database for access by other users. Such users agree to hold Injured Athlete’s Toolbox harmless from any and all claims arising out of or relating to the publication or display of their names and/or contact information.
d. Retention of User Information
It is not possible for a user to delete his or her profile from our database, nor is it feasible to delete all traces of a user’s activity in the system. Messages posted to bulletin boards are examples of user activities that are not feasible to delete.
e. Voluntary Disclosure of Personally Identifiable Information on Bulletin Boards, News Groups and Chat Rooms, and other Interactive Areas (collectively “Interactive Areas”)
Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, e-mail address) on an Interactive Area of the web site, that information, along with any substantive information disclosed in the user’s communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of Injured Athlete’s Toolbox and Injured Athlete’s Toolbox is not responsible for the discoverability of any user’s identity by methods beyond our control.
f. Cookie Technology
Injured Athlete’s Toolbox collects non-personal identification information through the use of “cookie” technology and/or Internet Protocol (“IP”) address tracking. Cookies are small text files a web site can use to recognize repeat users and facilitate the user’s ongoing access to and use of the web site. Non-personal identification information might include the browser used by the user, the type of computer, the operating systems, the Internet service providers and other similar information. The Injured Athlete’s Toolbox system also automatically gathers information about the areas the user visits on the web site and about the links the user may select from within the web site to other web sites.
Google Analytics
This web site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the web site analyze how users use the site. The information generated by the cookie about your use of the web site(including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the web site, compiling reports on web site activity for web site operators and providing other services relating to web site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this web site. By using this web site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Injured Athlete’s Toolbox cannot control the use of cookies by advertisers or third parties displaying data on the web site or whose web sites a user visits or links to from the web site. Most browsers are set to accept cookies. You can set yours to refuse cookies, or to alert you when cookies are being sent.
g. Password Protected Areas
Injured Athlete’s Toolbox does not warrant or represent that the information you submit to the web site will be protected against loss, misuse, or alteration by third parties. You are responsible for taking all steps to ensure that no other person has access to your password or account. It is your sole responsibility to: (1) control the dissemination and use of your password; (2) authorize, monitor, and control access to and use of your password; and (3) promptly inform Injured Athlete’s Toolbox of any need to deactivate your user name or password. You permit Injured Athlete’s Toolbox and all other persons or entities involved in the operation of the web site to transmit, monitor, retrieve, store and use your information in connection with the operation of the Injured Athlete’s Toolbox web site. Injured Athlete’s Toolbox does not and cannot assume any responsibility or liability for any information submitted by you to the web site or for your or third parties’ use or misuse of information transmitted or received through the web site.
h. Links to other web sites
Users will find advertising or other content on the web site that enable linking to the web sites of advertisers and other third parties. These third party web sites may have their own privacy policies or no policy at all. Injured Athlete’s Toolbox Privacy Policy does not apply to such other web sites. Injured Athlete’s Toolbox has no control over and is not responsible for the content displayed on such web sites, nor over the measures, if any, that are taken by such web sites to protect the privacy of user information. Users should check the privacy policy of any third party web site before providing personally identifiable information.
i. Security of Information
Injured Athlete’s Toolbox is committed to keeping user information secure, and uses industry standard technology in an attempt to achieve that goal.
j. Release of Information to Comply with Legal Requirements or Government Request
Injured Athlete’s Toolbox reserves the right at all times to disclose any information uploaded to or appearing on the web site to the extent necessary to comply with any applicable law, regulation, legal process, subpoena or governmental request.
k. Removal of Information and Termination of Usage
Injured Athlete’s Toolbox reserves the right, but does not assume any responsibility, to: (1) remove from the web site any material posted by you which Injured Athlete’s Toolbox in its sole discretion, deems inconsistent with these Terms and Conditions; and/or (2) terminate your access to all or part of the web site. However, Injured Athlete’s Toolbox can neither review all material prior to transmission on the web site nor ensure prompt action with respect to objectionable material after it is transmitted on the web site. Accordingly, Injured Athlete’s Toolbox assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. Injured Athlete’s Toolbox reserves the right to take any action it deems necessary to protect the personal safety of users of the web site and the public, however, Injured Athlete’s Toolbox has no liability or responsibility to anyone for performance or nonperformance of the activities in this paragraph.
l. Parental Permission
Injured Athlete’s Toolbox does not intend that children will use the web site. Some of the information available on the web site may not be appropriate for children. USERS UNDER 18 YEARS OF AGE MUST OBTAIN PARENTAL PERMISSION TO USE THE WEB SITE. Adults should not assist unauthorized children to access the web site. Injured Athlete’s Toolbox will not knowingly collect, use or disclose personally identifiable information about visitors under 18 years of age.
m. Contact Information
Injured Athlete’s Toolbox welcomes your comments and questions. All comments and questions regarding this Privacy Policy can be submitted through the contact form on my web site.
LINKS TO OTHER WEB SITES AND ADVERTISING ON THE INJURED ATHLETE’S TOOLBOX WEB SITE
The Web site contains links to third party web sites. These links are provided solely as a convenience to users and not as a guarantee, warrantee, endorsement or recommendation by Injured Athlete’s Toolbox of the content on such third-party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. Injured Athlete’s Toolbox is not responsible for the content of linked third-party web sites and does not make any representations regarding the privacy practices of, or the content or accuracy of materials on, such third-party web sites. Furthermore, Injured Athlete’s Toolbox is not responsible for webcasting or any other form of transmission received from any linked web site. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party web sites is subject to the terms of use for such sites.
THE WEB SITE ALSO MAY CONTAIN ADVERTISEMENTS BY THIRD PARTIES. INJURED ATHLETE’S TOOLBOX MAY RECEIVE ROYALTIES FROM SUCH ADVERTISERS. INJURED ATHLETE’S TOOLBOX DOES NOT ENDORSE, GUARANTEE, WARRANT, OR RECOMMEND ANY INFORMATION, PRODUCT OR SERVICE CONTAINED IN ADVERTISEMENTS.
USE OF INTERACTIVE AREAS
Injured Athlete’s Toolbox may provide interactive forums, chat rooms, news groups, bulletin boards and other interactive areas (“Interactive Areas”) on the web site. If you use any of the Interactive Areas, you are solely responsible for your own communications and the consequences of posting those communications, and you assume responsibility for such communications, including its legality, reliability, and appropriateness. By posting or otherwise displaying information on the web site, you grant to Injured Athlete’s Toolbox the right to display, copy, distribute and publish in any format User-Posted Content you upload or otherwise transmit to the web site. Injured Athlete’s Toolbox does not assume any responsibility for the truthfulness, accuracy or reliability of any material posted on any Interactive Area, or of consequences of any Interactive Area communications on or arising from use of the web site. IN CASES WHERE YOU FEEL THREATENED OR BELIEVE SOMEONE ELSE IS IN DANGER, YOU SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY IMMEDIATELY.
In consideration of being allowed to use the Interactive Areas, you agree not to engage in the following activities:
1. Using an Interactive Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, offensive, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity as determined by Injured Athlete’s Toolbox at its sole discretion;
4. Posting material that contains any virus, worm, Trojan horse or other code which may contaminate, destroy or interfere with the files or programs of Injured Athlete’s Toolbox or its users;
5. Posting advertisements or solicitations of business without prior express written consent from Injured Athlete’s Toolbox in advance of making the posting;
6. After receiving a warning, continuing to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
7. Posting chain letters or pyramid schemes;
8. Impersonating another person;
9. Allowing any other person or entity to use your identification to post or view comments;
10. Posting the same note more than once (i.e., “spamming”);
11. Posting messages or any other content that may restrain trade or encourage or facilitate an agreement about the following subjects: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; selection, rejection, or termination of customers or suppliers; or any other information that violates federal or state anti-trust or competition laws; or
12. Engaging in any other conduct that restricts or inhibits any other person from using the Interactive Areas, or which, in the judgment of Injured Athlete’s Toolbox exposes Injured Athlete’s Toolbox or any of its users or Sponsors to any liability or detriment of any type.
Injured Athlete’s Toolbox reserves the right but is not obligated to record the dialogue in public chat rooms. Injured Athlete’s Toolbox does not screen communications in advance and is not responsible for screening or monitoring material posted by users, or any other person or entity. If notified by a user of communication(s) which are alleged not to conform to the terms of this Section, Injured Athlete’s Toolbox may, but is not obligated to, investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). Injured Athlete’s Toolbox reserves the right, but is not obligated, to remove or edit communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Conditions. In addition to the removal rights described above, Injured Athlete’s Toolbox reserves the right to terminate a user’s access to any or all Interactive Areas at any time, with or without notice, in the exercise of its sole discretion.
Injured Athlete’s Toolbox reserves the right, but is not obligated, to monitor, edit, or disclose any posting on the Interactive Areas for lack of adherence to the Conditions, if required in the course of normal operation and maintenance of Injured Athlete’s Toolbox, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Injured Athlete’s Toolbox or others; or (iii) protect the personal safety of our users, Sponsors, or the public. INJURED ATHLETE’S TOOLBOX HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
INJURED ATHLETE’S TOOLBOX MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES OR UNDERTAKINGS CONTRARY TO THOSE SET FORTH ABOVE.
COMPLAINT PROCEDURES
Any suspected violations of these Terms and Conditions or misuse of the web site should be immediately reported to and submitted through the contact form on my web site.
MISCELLANEOUS CONDITIONS OF USE
Resolution and Disputes
These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law principles. These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and Injured Athlete’s Toolbox with respect to the web site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have that arises out of or relates to the web site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of or relating to the web site shall be in the state or federal courts located in the State of Texas. You agree and submit to the jurisdiction of such courts.
If any part of the Terms and Conditions are unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of the Terms and Conditions shall remain in full force and effect. Injured Athlete’s Toolbox’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Injured Athlete’s Toolbox nor any trade practices shall be deemed to modify the Terms and Conditions.
AGREEMENT
BY ENTERING AND USING THE INJURED ATHLETE’S TOOLBOX WEB SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE OF INJURED ATHLETE’S TOOLBOX THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS INJURED ATHLETE’S TOOLBOX AND ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS, AND OTHERS INVOLVED IN THE DELIVERY OF THE WEB SITE OR THE DELIVERY OF INFORMATION, PRODUCTS OR SERVICES OVER THE WEB SITE, FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, FROM ANY CLAIM, COMPLAINT OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE, INCLUDING BUT NOT LIMITED TO ANY VIOLATION BY YOU OF THESE TERMS AND CONDITIONS.