Terms of Service ("Terms")

Last updated: July 30th, 2017

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.clinicalathlete.com website (the "Service") operated by ClinicalAthlete LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

DUE TO LIMITED AVAILABILITY, ALL PURCHASES MADE THROUGH THIS WEBSITE ARE FINAL SALE. NO REFUNDS UNDER ANY CIRCUMSTANCES. CREDIT TO A CLINICALATHLETE SEMINAR OR EVENT WILL BE ISSUED TO USE AT A FUTURE EVENT IF CLINICALATHLETE CANCELS OR RESCHEDULES FOR ANY REASON. TRANSFER OF CREDIT MAY BE GRANTED UPON REQUEST. CLINICALATHLETE EVENTS MAY BE FILMED FOR COMMERCIAL USE ("VIDEO"). BY PURCHASING EVENT REGISTRATION/ADMISSION YOU CONSENT TO BE FILMED AND IRREVOCABLY GRANT US, IN PERPETUITY, THROUGHOUT THE WORLD, THE RIGHT TO USE AND AUTHORIZE OTHERS TO USE, YOUR VOICE, NAME, IMAGE, AND LIKENESS IN CONNECTION WITH THE SEMINAR, VIDEO, AND FUTURE SIMILAR SEMINARS AND VIDEOS, AND THE PUBLICITY, SALES, MARKETING, AND ADVERTISING THEREOF.

Grievance Policy

Applies to: All ClinicalAthlete events, membership, and purchases. 

Policy Statement: Situations may occur where a purchaser believes that the fair and consistent application of a policy affecting him or her has not been followed. In most cases, ClinicalAthlete expects that the issue will be satisfactorily addressed via interaction between the purchaser and ClinicalAthlete Support team. However, when a recent or continuing problem has not been resolved, ClinicalAthlete wishes to provide purchasers an alternative vehicle for doing so. No purchaser shall be subjected to discrimination or adverse treatment for participating in a grievance procedure.

Definitions or Regulations: A “basic grievance” is defined as a claim that ClinicalAthlete has violated a published policy. Basic grievances do not involve claims of: Possible discrimination on the basis of race, color, sex (including sexual harassment or sexual orientation), religion, creed, age, handicap, national origin, or status as a veteran. Purchasers wishing to pursue claims of such discrimination must contact the Office of Institutional Diversity and Equity.

Procedure: ClinicalAthlete's grievance procedure consists of three steps: (1) Step I–Informal, (2) Step II–Formal, and (3) Step III–Appeal. Each step has its own procedures, as set forth below.

Time Limits: If a purchaser waits an unreasonable length of time before submitting his or her grievance or proceeding to the next step, the fact-finding process could be difficult and appropriate action inappropriate.

The following time limits apply to this procedure:

Step I – Grievance must be filed within 14 days of the event(s) that lead to the grievance.

Step II –The grievance must be filed at Step II within 14 days of the supervisor’s written response at Step I.

Step III –The grievance must be filed at Step III within 14 days of the written decision of the chief human resources officer, his or her designee, at Step II.

Step I – Informal Step: In many cases, disputes over the application or interpretation of policy can be resolved through communications within ClinicalAthlete admin and customer support. As such, the first step in the grievance process is a discussion between the purchaser and ClinicalAthlete admin. This communication can be initiated by either ClinicalAthlete or the purchaser. If the informal procedure fails to resolve the grievance, and the purchaser wishes to continue the matter, the purchaser must begin the steps of the formal procedure no later than 14 calendar days after the receipt of ClinicalAthlete's response.

Step II – Formal Step: If the matter is not resolved at Step I, the purchaser may proceed to Step II by submitting a written statement to the Chief Executive Officer of ClinicalAthlete. This statement should outline the relevant facts that form the basis of the purchaser's grievance, indicating the policy that has allegedly been violated, and stating the resolution sought. Upon receipt of the purchaser's written statement, the Chief Executive Officer will: a) Advise the ClinicalAthlete admin team of the grievance and determine if the Step I procedure was complied with. (If the Step I procedure was not followed, the CEO will refer the purchaser back to Step I unless the CEU determines that such referral is not likely to resolve the matter.) b) Schedule a meeting with the purchaser and ClinicalAthlete admin. The meeting should be held promptly (if possible within 14 calendar days of receipt of the purchaser's written statement). c) Act as chairperson of the meeting, hear both sides of the dispute, render a written decision following the hearing, and provide the parties with copies of the decision. The presence of legal counsel at the meeting is not permitted. Note taking is allowed, but tape recording of the meeting is prohibited.

Step III–Appealing to third party: If the purchaser is unsatisfied with the response from the CEO at Step II, the purchaser can proceed to Step III by seeking third party intervention in resolution of the matter. ClinicalAthlete shall not be responsible for expenses associated with any third parties involved with purchaser.

Remedies: At each step in the grievance process, the individual representing ClinicalAthlete may fashion a remedy that is consistent with his/her authority. If ClinicalAthlete determines that as a result of a failure to follow policy the grieving purchaser had a financial loss, ClinicalAthlete may provide compensation to the purchaser for the loss if he or she signs an appropriate release concluding the matter.

Documentation: There are no specific documents or forms to be used under this policy. As set forth above, there are a number of places where written communication is required. That communication will typically take the form of a memorandum.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of ClinicalAthlete LLC and its licensors. Our logo and content may not be used in connection with any product or service without the prior written consent of ClinicalAthlete LLC 

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by ClinicalAthlete LLC.

ClinialAthlete LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that ClinicalAthlete LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless ClinicalAthlete LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.    

Limitation Of Liability

In no event shall ClinicalAthlete LLC nor its directors, employees, partners, agents, suppliers, or affiliates, and nor Halevy Life, Inc, its  be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

ClinicalAthlete LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at Info@clinicalathlete.com