Last Updated: November 2021
2. Mobile Services and Messaging
4. Intellectual Property Rights
6. Restrictions on Use of the Service.
7. External Sites and Third Party Software.
9. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
11. Limitation of Liability and Disclaimer of Warranties
14. Term and Termination of the EULA
15. Consent to Electronic Communications.
19. Notice to California Residents
This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual entering into this EULA on your own behalf (“you”), and BridgeAthletic, Inc. (“Bridge,” “we,” “us” or “our”) governing your use of the mobile software application that BridgeAthletic has made available for download (the “App”) and any websites or other online services or properties owned or controlled by BridgeAthletic and offered to you (together with the App, the “Service”).
The Service provides users (“Users”) with, among other things, a platform to monitor athletic training progress, and through the App, we may make available to you certain services and content supplied by third-parties with whom we contract to provide such content through the Services (“Content Providers”).
By clicking “i agree,” or by downloading, installing, or otherwise accessing or using the service, you agree that you have read and understood, and as a condition to your use of the service, you agree to be bound by this EULA. If you represent an organization or employer, you agree to these terms on behalf of the organization or employer and represent that you have the authority to bind the organization or employer. If you are not eligible, or do not agree to the terms of this EULA, you do not have our permission to use the service. Your use of the service, and bridge’s provision of the service to you, constitutes an agreement by BridgeAthletic and by you to be bound by this EULA.
As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
With respect to Content Providers, you understand, acknowledge and agree that: (i) releases, indemnifications, waivers and contractual benefits of any nature that apply, extend or inure to the benefit of BridgeAthletic also apply, extend and inure to the benefit of Content Provider to the extent made available through the Services on our behalf; and (ii) you may be required to agree to separate instruments and agreements as required by the Content Providers concerning your acceptance and receipt of services from the Content Provider via the Services.
BridgeAthletic provides you with access to certain portions of the Service free of charge, but to enjoy the full benefits of the Service, you must purchase subscription-based access to the Service. In return for enjoying free or subscription-based access to the Service, you acknowledge and agree that BridgeAthletic may generate revenues, increase goodwill or otherwise increase the value of BridgeAthletic from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless we say otherwise. You authorize BridgeAthletic or our payment processing service provider to charge, on an ongoing basis, all accrued sums and taxes for the orders that you make and any level of Service you select as described in this EULA or published by BridgeAthletic to the payment method specified in your account, until cancelation or termination of the paid Service. If you pay any fees with a credit card, then BridgeAthletic may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
If you purchase a subscription to the Service, then the following terms also apply:
By purchasing a subscription to the service, you agree that, once your subscription expires, your subscription will automatically renew for successive periods equal in length to the immediately preceding subscription period unless and until you cancel your subscription.
You authorize the applicable service provider to process your payments for any renewal subscription. Subscription prices will be displayed to you at the time of purchase. You will be billed for the same subscription plan (or the most similar subscription plan, if your prior plan is no longer available) at the then-current subscription price plus any applicable taxes. Your payments will be processed for any renewal subscription using the same billing cycle as your current subscription. In other words, if your payment is processed for your current subscription on the 20th of each month, then your payment will continue to be processed on that day for any renewal subscription. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law. For information on the subscription fees, please see our website at bridgeathletic.com.
You may contact BridgeAthletic at firstname.lastname@example.org at any time to request that we cancel your subscription to the service. Any such cancellation will not be deemed effective until we expressly confirm the cancellation has occurred in writing. Once we have confirmed the cancellation of your subscription to the service in accordance with the preceding sentence, you will not be charged for any subsequent subscription period. BridgeAthletic has no obligation to offer or provide any refund for the cancellation of any subscription.
BridgeAthletic may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account may be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal subscription fee is due, then BridgeAthletic reserves the right to delete your account and any information or User Content associated with your account without any liability to you.
You understand and agree that we may change this EULA at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised EULA that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised EULA will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable, then your sole remedy is to cancel or terminate the Service as described in this EULA or in the Services, stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates BridgeAthletic provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.e, no revisions to this EULA will apply to any dispute between you and BridgeAthletic that arose prior to the effective date of such revision.
The service is not for persons under the age of 13 or for any users previously suspended or removed from the service by BridgeAthletic. If you are under 13 years of age, then you must not use or access the service at any time or in any manner. Furthermore, by accessing or using the service, you affirm that either you are at least 18 years of age or you have been authorized to use the service by your parent or legal guardian who is at least 18 years of age. By agreeing to this EULA, you represent and warrant to us that: (a) you are at least 13-years old and if you are under 18 years of age,you have been authorized to use the service by your parent or legal guardian who is at least 18 years of age; (b) you have not previously been suspended or removed from the service; and (c) your registration and your use of the service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting this EULA on your behalf represents and warrants that they have authority to bind you to this EULA and you agree to be bound by this EULA.
You acknowledge and agree that the service is intended for use only by individuals healthy enough to perform strenuous exercise. If you are older than thirty-five (35) years of age, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using the service: heart disease, high blood pressure, family history of high blood pressure or heart disease, chest pain caused by previous exercise, dizziness or loss of consciousness caused by previous exercise, bone or joint problems, diabetes, high cholesterol, obesity or arthritis.
We also may require you to agree to additional terms, rules, guidelines and/or policies that we post or otherwise make available to you from time-to-time in connection with your use of the Service (“Additional Terms”). Except as otherwise stated expressly in certain Additional Terms, all Additional Terms are hereby incorporated into and made part of this EULA, and this EULA will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.
The Service will be accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Services and the related Mobile Services must be in accordance with this EULA.
You may be able to send messages to others through certain functionality available on the Services (“Messages”). You represent and warrant that: (i) you will only send Messages to others who have given you their prior express consent to receive them; (ii) you, and only you, take all actions necessary to initiate and send all Messages, and we are merely a technology provider that plays no active role whatsoever in initiating and/or sending Messages; and (iii) you will indemnify and hold us harmless from any and all claims and losses arising out of your Messages. Without limiting the foregoing, you are solely responsible for all fees and charges associated with your Messages, including, without limitation, any fees or charges imposed by your Carrier.
While you may always browse any public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, you must download the App and register an account with us (an “Account”).
When you register an Account, you will be asked to create a password. You are solely responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify BridgeAthletic immediately at email@example.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. BridgeAthletic will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying BridgeAthletic of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 7 below).
When creating an Account, you may be required to provide us with some information about yourself, such as your date of birth, name, email address, phone number, or other contact information. To use the services, you may be required to provide information regarding your physical performance, including your soreness, hours of sleep, hydration, nutrition, stress and bodyweight, volume and other measurements related to your physical exercise. You agree that the information you provide to us is true, accurate, current, complete, and not misleading. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Bridge, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then BridgeAthletic may terminate your Account immediately without notice to you and without any liability to you or any third party.
Subject to your complete and ongoing compliance with this EULA and unless otherwise agreed, BridgeAthletic hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to: (i) download, access and use an object code copy of the App on any device that you own or control; and (ii) access and use all other portions of the Service, in each case, solely for your personal, non-commercial use and solely in strict compliance with the provisions of this EULA. Any third-party code that may be incorporated into the App is covered by the applicable open source or third party license, if applicable. For a list of the open source components included in the App, please refer to the document located here: https://www.bridgeathletic.com/open-source-mobile-apps
Except for User Content, content that BridgeAthletic and its Content Providers provides to Users on or through the Service (including without limitation, any work-out plans, videos, images or other content, and any other text, graphics, photos, software or interactive features) are protected by copyright or other intellectual property rights and owned by Bridge, its Content Providers or their third party licensors (collectively, the “BridgeAthletic Content”). Moreover, BridgeAthletic solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill. Except as expressly authorized by Bridge, you may not make use of the BridgeAthletic Content.
BridgeAthletic trademarks, service marks and logos (the “BridgeAthletic Trademarks”) used and displayed on the Service are BridgeAthletic’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by Content Providers or other third parties (the “Third-Party Trademarks,” and, collectively with BridgeAthletic Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage BridgeAthletic’s, Content Provider’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without BridgeAthletic’s prior express written consent. All goodwill generated from the use of any BridgeAthletic Trademark will inure solely to BridgeAthletic’s benefit.
BridgeAthletic hereby reserves all rights not expressly granted to you in this Section 3. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any BridgeAthletic Content or Trademarks located or displayed therein.
“User Content” means any content that Users upload, post or transmit to or through the Service (collectively, “Post”) (including, without limitation, any work-out related data, and any text, photographs, messages, reviews, video or audio (including sound or voice recordings), images, folders, or other works of authorship or other works. For clarity, User Content excludes any and all BridgeAthletic Content. You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Services, subject to the licenses granted in this EULA.
YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
You hereby grant Bridge, and the Content Providers subject to such parties’ agreements with Bridge, a perpetual, irrevocable, unrestricted, assignable, sublicensable, royalty-free, fully paid right and license throughout the universe to: (i) reproduce, distribute, publicly display, publicly perform, create derivative works from, and otherwise exploit and use (collectively, “Use”) all or any part of all User Content you Post to or through the Service, by any means and through any media and formats now known or hereafter developed, to provide and improve the Service and our business; and (ii) use your user name, image, voice and likeness to identify you as the source of any of your User Content. You must not Post any User Content on or through the Service or transmit to BridgeAthletic any User Content that you consider to be confidential or proprietary. Notwithstanding the foregoing in this Section 5.d, we will not display or disclose publicly any of your User Content that is work-out related data in a manner that would identify you personally without your prior consent.
You must not Post any User Content to the Service if you are not the owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. BridgeAthletic disclaims any and all liability in connection with User Content. By providing User Content via the Service, you affirm, represent, and warrant that: (i) you are the creator and owner of the User Content Posted by you on or through the Service or otherwise have all licenses, consents, permissions, and rights necessary to authorize BridgeAthletic to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Bridge, the Service, and this EULA; (ii) the Posting and Use of your User Content on or through the Service does not and will not infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right, does not and will not slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person, and does not and will not cause BridgeAthletic to violate any law or regulation; (iii) the Posting of your User Content on the Service does not and will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service and from BridgeAthletic’s exercise of the license set forth in this Section. For clarity, BridgeAthletic does not permit infringing activities on the Service.
By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against BridgeAthletic with respect to User Content, including but not limited to all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
You are not permitted to and agree not to Post any User Content to the Service that is or could be interpreted to be, as BridgeAthletic may determine in its sole discretion, (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws; or (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence ((i) and (ii) collectively, “Objectionable Content”). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes. If you encounter any Objectionable Content on the Service, then please immediately email BridgeAthletic at firstname.lastname@example.org. You acknowledge and agree that BridgeAthletic provides you with the ability to report Objectionable Content as a courtesy, and BridgeAthletic has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, BridgeAthletic in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User Account, removing all of the User’s User Content and/or reporting the User to law enforcement authorities, either directly or indirectly.
For the avoidance of doubt, BridgeAthletic will not be liable for any use or misuse of User Content by any User.
In addition to any other restrictions set forth in this EULA, and without limiting those restrictions, when using the Service, you agree not to (and not to attempt to):
The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to this EULA, nothing in this EULA prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
While we are continually working to develop and evaluate our own product ideas and features, we know we don’t have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending BridgeAthletic or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Bridge, you agree that:
BridgeAthletic respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service.
BridgeAthletic’s intellectual property policy is to: (i) remove or disable access to material that BridgeAthletic believes in good faith, upon notice from an intellectual property owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers.” BridgeAthletic considers a “repeat infringer” to be any User that has uploaded User Content to or through the Service and for whom BridgeAthletic has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content. BridgeAthletic reserves the right, however, to suspend or terminate the Account of any User after receipt of a single notification of claimed infringement or upon BridgeAthletic’s own determination.
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by BridgeAthletic with the User alleged to have infringed a right you own or control, and you hereby consent to BridgeAthletic making such disclosure. Your communication must include substantially the following:
Your Notification of Claimed Infringement may be shared by BridgeAthletic with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to BridgeAthletic making such disclosures. You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
BridgeAthletic’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
Phone: (650) 644-7416
Via U.S. Mail: P.O. Box 610123, Redwood City, CA 94061
Attn: BridgeAthletic Compliance Department
If you receive a notification from BridgeAthletic that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide BridgeAthletic with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to BridgeAthletic’s Designated Agent through one of the methods identified in Section 9.b, and include substantially the following information:
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
If you submit a Counter Notification to BridgeAthletic in response to a Notification of Claimed Infringement, then BridgeAthletic will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that BridgeAthletic will replace the removed User Content or cease disabling access to it in 10 business days, and BridgeAthletic will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless BridgeAthletic’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on BridgeAthletic’s system or network.
The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Bridge] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
BridgeAthletic reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
In the interest of resolving disputes between you and BridgeAthletic in the most expedient and cost effective manner, and except as described in Section 10.b and 10.c, you and BridgeAthletic agree that any dispute arising in connection with this EULA, the Service, and communications from us will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this EULA, the Service, or any communications to or from us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND BridgeAthletic ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding Section 10.a above, nothing in this EULA will be deemed to waive, preclude or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of law of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 10 within 30 days after the date that you agree to this EULA by sending a letter to BridgeAthletic, Inc., Attention: BridgeAthletic Compliance Department, P.O. Box 610123, Redwood City, CA 94061 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once BridgeAthletic receives your Opt-Out Notice, this Section 10 will be void and any action arising out of this EULA will be resolved as set forth in Section 16. The remaining provisions of this EULA will not be affected by your Opt-Out Notice.
Any arbitration between you and BridgeAthletic will be settled under the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Bridge. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice”). BridgeAthletic’s address for Notice is: 290 Division Street, Suite 410, San Francisco, CA, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or BridgeAthletic may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BridgeAthletic must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by BridgeAthletic prior to selection of an arbitrator, BridgeAthletic will pay you the highest of the following: (1) the amount awarded by the arbitrator, if any; and (2) $10,000.
If you commence arbitration in accordance with this EULA, BridgeAthletic will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the county and state of your billing address, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse BridgeAthletic for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. Notwithstanding anything in this EULA to the contrary, and for the avoidance of doubt, the arbitrator can award injunctive relief as a remedy in any arbitration required under this Section 10.
YOU AND BridgeAthletic AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BridgeAthletic agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If BridgeAthletic makes any future change to this arbitration provision, other than a change to BridgeAthletic’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to BridgeAthletic’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Bridge.
If Section 10.g above is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, or if BridgeAthletic receives an Opt-Out Notice from you, then the entirety of this Section 10 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16 will govern any action arising out of or related to this EULA.
The following terms in this section 11 apply to the fullest extent permitted by law:
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the service, including, by way of example and not limitation, any carrier or other user, is directly between you and such third party, and you irrevocably release the bridgeathletic parties and content providers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you agree to defend, indemnify and hold harmless the BridgeAthletic Parties and Content Providers from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from
(a) your breach of this EULA, any representation, warranty, or agreement referenced in this EULA, or any applicable law or regulation;
(b) your access to, use or misuse of BridgeAthletic Content or the Service;
(c) your User Content;
(d) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
(e) any dispute or issue between you and any third party. BridgeAthletic will provide notice to you of any such claim, suit or proceeding.
BridgeAthletic reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if BridgeAthletic believes that you are unwilling or incapable of defending BridgeAthletic’s interests. In such case, you agree to cooperate with any reasonable requests assisting BridgeAthletic’s defense of such matter at your expense.
As between you and Bridge, the term of this EULA commences when you accept this EULA or as of your first use of the Service and continues until the termination of this EULA by either you or Bridge.
You may terminate this EULA by sending written notification to BridgeAthletic at email@example.com, or by cancelling your account through account settings, deleting the App from your mobile devices and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, then you can ask us to do so for you by contacting us at firstname.lastname@example.org, but no such removal is guaranteed. In addition, BridgeAthletic may, at its sole discretion, terminate this EULA or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. In addition, BridgeAthletic may, in its sole discretion, restrict, suspend or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party copyright owner, including, without limitation, any such owner of musical works or sound recordings. BridgeAthletic may further terminate this EULA immediately for any other reason with or without notice to you, using the email address associated with your account credentials. BridgeAthletic reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.
BridgeAthletic reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. BridgeAthletic will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
This EULA is governed by the laws of the State of California without respect to its conflict of laws principles. You and BridgeAthletic submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for resolution of any lawsuit or court proceeding permitted under this EULA. You agree that no joint venture, partnership, employment or agency relationship exists between you and BridgeAthletic as a result of this EULA or use of the Service. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this EULA, which will remain in full force and effect.
Failure of BridgeAthletic to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA. No waiver will be effective against BridgeAthletic unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by BridgeAthletic and you, this EULA constitutes the entire agreement between you and BridgeAthletic with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
The Section headings are provided merely for convenience and will not be given any legal import. This EULA will inure to the benefit of our successors and assigns. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of Bridge. BridgeAthletic may assign this EULA, including all its rights hereunder, without restriction.
If you would like to contact us in connection with your use of the Service, then please refer to the contact information below: by mail at 290 Division Street, Suite 410, San Francisco, CA, and by email at email@example.com.
This Section 18 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this EULA is between you and BridgeAthletic only, not with Apple Inc. (“Apple”), and Apple is not responsible for the App or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including:
Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights.
You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that:
If BridgeAthletic provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version will prevail.
If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.