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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. You must agree to these Terms and Conditions in order to use this site. If you do not agree to all of the Terms and Conditions of this agreement, please do not use this site.
Final Surge LLC ("we," "our," "FinalSurge.com") may revise and update these Terms and Conditions at any time. Please periodically review the Terms and Conditions posted on this site because your continued usage of this site ("Site") will mean you accept the changes.
The content on the Site as presented is provided for informational purposes only. The content is not intended in any way to be a substitute for professional coaching or medical advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition.
Final Surge LLC does not recommend or endorse any specific coaches, products, exercises or procedures that may be mentioned on the Site or any companies or organizations using a branded version of Final Surge LLC's Athlete Training Log ("Log"). Final Surge LLC does not assume any liability for the contents of any material provided on the Site or from coaches, businesses or organizations using the Log service. Reliance on any information provided by Final Surge LLC, or other visitors to the Site is solely at your own risk. Final Surge LLC assumes no liability or responsibility for damage or injury to persons or property arising from any use of any coaching, excercises, products, information, ideas, or instructions contained in the materials provided to you. Final Surge LLC reserves the right to change or discontinue at any time any aspect or feature of this Site.
The Site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Final Surge LLC of the content on such third-party Web sites. Final Surge LLC is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. 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 and Conditions of use for such sites.
a. General. Final Surge LLC recognizes the premium you place on privacy protection on the Internet. We strive to protect your privacy, including the non-identifying information you share in the personal profile that you must complete in order to become a participating member ("Member," "Members," "User," "Users," "you," "your," "their").
Final Surge LLC does not collect personally identifiable information about Members or other Site Users except when such individuals specifically provide such information on a voluntary basis. A Member's or User's access to and use of the Final Surge LLC Log or services constitutes information voluntarily given by the Member or User.
b. Use of Registration Information. Personally identifiable information of individual Members and Users will not be sold or otherwise transferred to unaffiliated third parties without the Member's or User's prior consent. Final Surge LLC may use registration information and other voluntarily submitted information in the following ways:
Final Surge LLC has the option of sending regular email updates to Members. If you wish to not receive these emails, please login to your account, click on "Settings" and edit your Send Email Update preferences. Please allow two to three business days for the actual cancellation to take effect. We will not share your email address with third parties without first receiving your permission.
Upon acceptance of these Terms and Conditions, Final Surge LLC authorizes you to view and use the material on this Web site solely for your personal, noncommercial use. Special rules may apply to the use of certain features provided on the Site. Any such special rules are listed as "Legal Notices" on the Site and are incorporated into these Terms and Conditions by reference.
The contents of the Site, such as text, graphics, images and other material including software licensed by Final Surge LLC to permit Users to access the Site ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Final Surge LLC.
Content is subject to change without notice at the editorial discretion of Final Surge LLC. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
We respect the intellectual property of others, and we ask you to do the same. It is our policy not to permit Content known by us to be infringing to remain on this Website. If you believe that any Content on the Website constitutes copyright infringement, please notify us immediately of the infringing Content and provide the following information:
Your notice of claim of copyright infringement can also be sent by directing an email (copyright@FinalSurge.com) or letter to the following designated copyright agent:
Final Surge LLC
9660-138 Falls of Neuse Rd
Raleigh, NC 27615
Upon our receipt of a proper notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the Content claimed to be infringing and will follow the procedures specified in the Digital Millennium Copyright Act ("DMCA") to resolve the claim between the notifying party and the alleged infringer who provided the Content at issue.
The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. Final Surge LLC makes no representations about the results to be obtained from using the Site or the Content. The use of the Site and the Content is at your own risk.
You acknowledge that in connection with the Site, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Final Surge LLC and their suppliers. Accordingly, Final Surge LLC assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.
The Site and the content contained therein are provided on an "as is" basis without any warranties of any kind. Final Surge LLC, their licensors, and their suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. Final Surge LLC, their licensors, and their suppliers make no representation or warranties about the accuracy, reliability, completeness, currency or timeliness of the content, software, text, graphics, links, or communication provided on or through the use of the Site.
In no event shall Final Surge LLC, their licensors, their suppliers or any third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, physical injuries, incidental and consequential damages, loss of data, lost profits or business interruption). Final Surge LLC shall not be liable to you for gross negligence or any willful misconduct of any kind.
Final Surge LLC does not claim ownership rights to your workout and coaching content and data. We do retain the right to use your content to provide services required by the system to you and other system users that you have linked your account to. We may also use your content in a non-identifiable manner for purposes such as marketing, system development and testing. Members may export their Log data at any time as long as their account is still open. If a Member cancels an account, the data will be retained in our system for one month before deletion and may not be recoverable after that time period. Final Surge LLC is not liable for data that is altered, lost or damaged at the hands of the Member or third parties (third parties include, but are not limited to, coaches, hosting and data storage companies). We will make a good faith effort to try to restore or recover missing or damaged data, but can not guarantee recovery.
Final Surge LLC may provide Interactive Areas on the Site. Final Surge LLC does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interactive Area users or endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK. If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. Final Surge LLC does not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the Site.
In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Final Surge LLC does not screen communications in advance and is not responsible for material posted by Members, coaches or any other person or entity. Final Surge LLC reserves the right to remove communications that have received complaints, are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms and Conditions 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 Final Surge LLC or others; or (iii) act in an emergency to protect the personal safety of our guests or the public. In addition to the removal rights described above, Final Surge LLC reserves the right to terminate a Member's access to any or all Interactive Area upon Member's breach of these Terms and Conditions.
FINAL SURGE LLC HAS NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
The Site may contain advertisements by third parties, and these advertisements may contain links to other Web sites. Unless otherwise specifically stated, Final Surge LLC does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.
You agree to defend, indemnify and hold Final Surge LLC, their officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including Software), or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. Final Surge LLC shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Final Surge LLC is based in Raleigh, North Carolina, in the United States of America. Final Surge LLC makes no claims the Content is appropriate or may be used outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Apple iOS Mobile Apps
1. Acknowledgement: The EULA is concluded between Final Surge LLC and You only, and not with Apple, and Final Surge LLC, not Apple, is solely responsible for the Licensed Application and the content thereof. This EULA may not provide for usage rules for Licensed Applications that are in conflict with the App Store Terms of Service as of the Effective Date.
2. Scope of License: The license granted to the end-user for the Licensed Application is a non-transferable license to use the Licensed Application on any Apple-branded Products that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed, acquired, and used by other accounts associated with You via Family Sharing or volume purchasing.
3. Maintenance and Support: Final Surge LLC is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. You must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: Final Surge LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Final Surge LLC.
5. Product Claims: Final Surge LLC and You acknowledge that Final Surge LLC, not Apple, are responsible for addressing any of Your claims or any third party relating to the Licensed Application or Your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The EULA does not limit Final Surge LLC’s liability to You beyond what is permitted by applicable law.
6. Intellectual Property Rights: Final Surge LLC and You acknowledge that, in the event of any third party claim that the Licensed Application or Your possession and use of that Licensed Application infringes that third party’s intellectual property rights, Final Surge LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: Your questions, complaints or claims with respect to the Licensed Application should be directed to:
Final Surge LLC
9660-138 Falls of Neuse Rd
Raleigh, NC 27615
9. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the Final Surge LLC Application, e.g., You must not be in violation of their wireless data service agreement when using the Final Surge LLC Application.
10. Third Party Beneficiary: Final Surge LLC and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon Your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
You expressly agree that exclusive jurisdiction for any dispute with Final Surge LLC, or in any way relating to your membership or use of the Site, resides in the courts of the State of North Carolina and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of North Carolina in connection with any such dispute including any claim involving Final Surge LLC or their affiliates, employees, contractors, telecommunication providers and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE SITE, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND Final Surge LLC WITH RESPECT TO THE USE OF THE SITE AND ANY SOFTWARE AND CONTENT CONTAINED THEREIN.
Maintaining your privacy is of paramount concern to Final Surge LLC. As a user of our Web site and services, we understand that your personal fitness is a very private matter. To power our online Training Log, the input of your personal information is necessary for you to obtain the full value of this application. We want you to feel comfortable entrusting us with this data. The following pledges are our guarantees to help you feel more secure in our environment so that you may benefit from the programs we have designed for your overall fitness development. It is our hope that you will accept this policy with a clear expectation of Final Surge LLC's obligation to you.
Upon registration with the site, we will develop a user profile to assist our core content software with customizing content topics based on your user behavior. The required data fields at that time are:
This information will be stored in an internal database that is proprietary to Final Surge LLC. These fields are used only to determine the appropriateness of targeting content to a user and we do not serve content in a personally identifiable manner, rather, the software entreats this task in a closed database environment.
If you are purchasing a product or service, or using a paid account, we collect your payment information so that we can automatically charge your credit card when you purchase the product or service. This information is only shared with the company that is processing the credit card payments for us and we do not store this information.
If you enroll in the Final Surge LLC Online Training Log, you will be required to enter personal data that will be utilized to calibrate the mechanisms of the software allowing your progress to be tracked and files to be stored. If you are signed up with a coach using Final Surge LLC, then your information will be accessible to that coach so they can fulfill their coaching contract with you.
In most cases, Final Surge LLC will provide aggregate information about you, which does not allow you to be personally identified or contacted ("Aggregate Information") to third parties. For example, we might inform third parties regarding the number of members registered for the Final Surge LLC Training Log who are over the age of 25. We might also inform a fitness apparel manufacturer (that may or may not be an advertiser on our site) that 45% of the women on our site train more than 3 times a week. Depending on the circumstances, we may or may not charge them for this information.
When you complete the registration form and your profile, you will be given the opportunity to receive recurring information/promotional emails and offers from Final Surge LLC and/or third parties. To access these preferences, login to your account, click on "Settings" and edit your Send Email Update preferences.