By using this Website, you represent and warrant that you are of legal age to form a binding contract. If you do not meet all this requirement, you must not access or use the Website.
We reserve the right to withdraw or amend this Website, including without limitation, any Online Store, and any service or material we provide on the Website or any Online Store, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
The Company name, the terms Fully Amped and Affiliate Marketplace, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary (except to the extent otherwise provided in the Affiliate Terms and Conditions, if you are a CrossFit® Affiliate subject to them). By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you, not the Company, are fully responsible for any User Contributions you submit or contribute, including their legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These “Content Standards” apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services and apparel and other goods provided on any Online Store. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All purchases or other transactions for the sale of apparel and other goods made through any online retail stores we make available on behalf of authorized CrossFit® Affiliates (“Online Stores”), or otherwise as a result of visits to the Website made by you, are governed by our Online Store Terms and Conditions found at https://www.fullyamped.com/pages/store-policies.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out above. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
We are based in the United States. We provide this Website for use by persons located in the United States, Canada, and other countries where our CrossFit® Affiliate partners are located, but cannot make any claims that the Website or its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or from certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and you are solely responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS 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 WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, 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 CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
If you believe that any content or materials on the Website or any Online Store violate your copyright, please send us notice at firstname.lastname@example.org, including: (i) your signature, (ii) your complete contact information, (iii) adequate identification of the copyrighted work and the infringing material, and (iv) statements of your good faith belief that such use is unauthorized and that such notice is accurate and authorized by the copyright owner under penalty of perjury.
We value your opinions and welcome your feedback. All comments, requests for technical support and other communications relating to the Website should be directed to:
Affiliate Marketplace, LLC, dba Fully Amped
2451 Impala Dr. Suite B
Carlsbad, CA 92010
IMPORTANT-READ THESE TERMS AND CONDITIONS (THESE “TERMS AND CONDITIONS”) CAREFULLY BEFORE CONTINUING. BY CLICKING THE “I ACCEPT” BUTTON OR OTHERWISE ACCEPTING THESE TERMS AND CONDITIONS BY SUBMITTING YOUR INFORMATION VIA THE “GETTING STARTED” PAGE OR REQUESTING THAT WE SET-UP AN AFFILIATE STORE FOR YOU OR ON YOUR COMPANY’S BEHALF,YOU(A) AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, (B) REPRESENT AND WARRANT THATYOU ARE 18 YEARS OF AGE OR OLDER, AND (C) IFYOUARE ENTERING INTO THESETERMS AND CONDITIONSONBEHALF OF A CORPORATION,LIMITED LIABILITY COMPANYOROTHER LEGAL ENTITY,THATYOUHAVE THE RIGHT, POWER,AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS AND THAT SUCH ENTITY IS AN AUTHORIZED CROSSFIT AFFILIATE(IN SUCH EVENT, “YOU” AND “YOUR” AS USED IN THESE TERMS AND CONDITIONS SHALL REFER TO SUCH ENTITY). IFYOUDO NOT HAVE SUCH AUTHORITY, OR IFYOUDO NOT AGREE TO ALL THESE TERMS AND CONDITIONS,YOUMUST SELECT THE “I DECLINE” BUTTON AND MAY NOT USE ANY AFFILIATE STORE WE MAY SET-UP ON YOUR BEHALF.
These Terms and Conditions govern the set-up and operation of an online retail apparel store by us, The Kila Group, LLC, an Indiana limited liability company (“FullyAmped”, “we” or “us”), on behalf of you, an authorized CrossFit® affiliate (“Affiliate”, “you” or “your”). You provide your name, logo and design (or you can use one of our design templates), and we create your online retail website, manage your online retail presence and provide and fulfill high-quality apparel products made to order, as further described in these Terms and Conditions.
Affiliate will: (i) protect the confidentiality of the Confidential Information using the same degree of care that it uses with its own confidential information of similar nature, but with no less than reasonable care, (ii) not use any Confidential Information for any purpose outside the scope of these Terms and Conditions, (iii) not disclose Confidential Information to any third party, and (iv) limit access to Confidential Information to its employees, contractors, advisors and agents who have a need to know such Confidential Information. Upon notice to FullyAmped, Affiliate may disclose Confidential Information to the limited extent required under any federal, state, or local law, statute, rule or regulation, subpoena or legal process, provided that Affiliate shall first give written notice to FullyAmped and the opportunity to oppose such disclosure.
Affiliate will indemnify, defend and hold each of the FullyAmped Parties harmless, at Affiliate’s expense, against any claim, suit, action, or proceeding (each, an “Action”) brought against any of the FullyAmped Parties by a third party not affiliated with FullyAmped to the extent that such Action is based upon or arises out of (i) unauthorized or illegal use of the Online Store by Affiliate, (ii) Affiliate’s noncompliance with or breach of any of these Terms and Conditions or the Other Terms, (iii) any alleged or actual infringement of any non-party’s Intellectual Property Rights related to acts of Affiliate or Affiliate Content, or (iv) any transaction or attempted transaction through the Online Store. FullyAmped will notify Affiliate in writing promptly following FullyAmped becoming aware of any such claim; and provide Affiliate (at Affiliate’s expense) with any and all information and assistance reasonably requested by Affiliate to defend and settle the claim. Affiliate shall not accept any settlement that (1) imposes an obligation on any of the FullyAmped Parties, (2) requires any of the FullyAmped Parties to make an admission, or (3) imposes liability not covered by these indemnifications or places restrictions on any of the FullyAmped Parties without such FullyAmped Party’s prior written consent.