Last Updated: March 29, 2023
Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS (HEREINAFTER “AGREEMENT,” “TERMS,” “TERMS & CONDITIONS”) BEFORE USING THIS WEBSITE OR ANY OTHER LEGION CHANNEL, SERVICE, OR PRODUCT.
THIS AGREEMENT REQUIRES ARBITRATION, ON AN INDIVIDUAL BASIS, TO RESOLVE DISPUTES, AND YOU (HEREINAFTER "YOU," "YOUR," “YOURSELF”) HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ADDITIONALLY, THE AGREEMENT LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Welcome to the Legion Athletics Inc. (“Legion”) website.
By using this website (legionathletics.com) or purchasing products from Legion, you accept and agree to abide by the following Terms and Conditions. Legion reserves the right to modify these Terms and Conditions at any time. Your continued use of this website constitutes acceptance of revisions to the Terms and Conditions that might be made, so please check this page regularly (our “Last Modified” date will be provided at the end of the Agreement so you can ensure you have agreed to the latest version). For any questions regarding these Terms and Conditions, please contact us at [email protected].
To be clear, if you do not agree with all of these Terms and Conditions, then you shall not use this website.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms and Conditions;
“Legion,” “Legion Athletics,” “we,” “us” and “our” refer to our company, “Legion Athletics, Inc.”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context of the word;
“Service” and “Services” refer to the services, content and all other offerings we provide through our Site, including our products, blog, health and fitness-related books and other content, other services, and the Site itself;
“Site” refers to our website, www.legionathletics.com;
“User” refers to anyone who accesses our Site or uses our Service, regardless of whether such access involves any remuneration to any party;
“You” refers to you, the person who is entering into this Agreement with Legion Athletics.
“Party,” and “parties” refer to You and Legion Athletics, on an individual basis (in the case of “party”) and together (in the case of “parties”), except as used in “third party” or “third parties” which instead refers to a person or entity that is neither You nor Legion.
3. Our Service
In order to use our Service, you must meet a number of conditions including, but not limited to, the following:
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Legion Athletics, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You may not use or engage with the Site if you are under eighteen (18) years of age. By using or engaging with the Site, you acknowledge and agree that you are not under the age of eighteen (18). By using or engaging with the Site, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Site.
5. Nature of Service
The articles, product descriptions and other content on our Site are not written by medical professionals and should be read for informational purposes only.
ALL INFORMATION PROVIDED BY LEGION ATHLETICS IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY HEALTH CONDITIONS. NO INFORMATION PROVIDED SHOULD BE USED AS A SUBSTITUTE FOR MEDICAL ADVICE.
THE U.S. FOOD AND DRUG ADMINISTRATION HAS NOT EVALUATED ANY STATEMENTS, PRODUCTS, HEALTH TOPICS, SUGGESTED PRODUCT COMPOSITIONS, OR LAB TESTS ON THIS SITE.
You should consult with a licensed medical doctor prior to engaging in any fitness activities described on the Site or using any supplements or other nutritional items recommended, or otherwise mentioned, to ensure that such practices are safe for you.
6. Federal Trade Commission Act Disclosure
You are hereby notified that Legion Athletics may, but does not necessarily, receive direct or indirect compensation for endorsements, advertisements, or other promotions of third party products and services.
7. Rules of Use
When using our Service, there are certain rules of use which apply to your activities. You must not:
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Legion Athletics or its delegates.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Under no circumstances are you permitted to engage in any activity that may undermine the security or integrity of the Legion Athletics Site, Service, or its Users' computers. This includes, but is not limited to, actions such as hacking, cracking, phishing, SQL injection, cross-site scripting (XSS), and other commonly recognized website security threats. Furthermore, you are strictly prohibited from attempting to gain unauthorized access to any part of the Site, or introducing viruses or other malicious code that may compromise the security or integrity of the Site or its Users.
We take the security of our Site and its Users seriously, and any violation of these terms may result in account suspension or termination, as well as potential legal action if the violation results in harm to the Site or its Users, in Legion’s sole discretion.
8. Payment & Refunds
Unless otherwise stated, all prices are listed in United States Dollars (USD). Payments for any paid services, including, but not limited to, supplements, books, fitness and/or nutritional plans, or other services, may be made using our third party payment processing provider, Braintree. Any issues with payment processing should be addressed to Braintree and/or your card issue directly, though you may contact Legion Athletics as well and we may attempt to assist in resolving issues with your payments.
If you are not satisfied with our Service after 30 days of using it, you may contact us at [email protected] and request a refund. All sales through the Site are final and refunds are given out at the sole discretion of Legion Athletics.
Legion Athletics may, but is not obligated to, provide discounts or coupons for its services. If any information published or uttered by Legion Athletics about such offers is conflicting, the terms most beneficial to Legion Athletics shall take effect.
Discounts and other similar offers are subject to any expiry dates and other applicable limitations. Legion Athletics may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
Disputes may be conducted only according to our “Forum of Dispute” provisions below, and you agree not to conduct any chargebacks against Legion Athletics. If you do conduct a chargeback, you agree that you shall be liable to pay Legion Athletics for the full amount of the chargeback, as well as any legal fees, court fees, collection agency fees, or other expenses involved in enforcing this right. Fraudulent chargebacks will be reported to the appropriate law enforcement authorities.
11. Our Copyright
Our content is important to us, as Legion Athletics is largely a content-based business. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, without receiving our prior written permission.
12. Your Copyright
Legion Athletics must be assured that it has the right to use the content that is posted to its Site by its Users, whether it is posted in its blog or elsewhere. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
13. Legion Branding
“Legion Athletics” and “Legion Athletics, Inc.” are protected marks used by us, Legion Athletics, Inc., to uniquely identify our Site, Service, and business. You agree not to use these marks anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own fitness-related business.
14. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
15. Copyright & Trademark Infringement
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically and send it to our Copyright Agent at [email protected].
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above regarding any allegation of trademark infringement, and we will address it as soon as practicable.
16. Communications Decency Act
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our website. Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at [email protected] if any of our Users have posted anything that you believe is defamatory.
17. Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOU ARE USING THIS SITE AND THESE SERVICES AT YOUR SOLE DISCRETION AND RISK, AND YOU RELEASE LEGION ATHLETICS FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. THE SERVICES OFFERED THROUGH THIS SITE, AS WELL AS THE SITE ITSELF, ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LEGION DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING BRAINTREE OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND BRAINTREE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS. IF PAYMENT ISSUES OCCUR, PLEASE CONTACT THE RELEVANT THIRD PARTY OR PARTIES DIRECTLY.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY UNTIMELY DELIVERY OR FAILURES OR DISRUPTIONS, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE USE OF OUR SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AGREEMENT, INCLUDING THIS DISCLAIMER OF WARRANTIES SECTION. NOTHING IN THE PROVISIONS OF THIS “DISCLAIMER OF WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
LEGION DOES NOT WARRANT THAT THIS SITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. LEGION DOES NOT WARRANT THAT ALL USER INFORMATION OR ALL INFORMATION POSTED BY A USER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE MADE UNAVAILABLE. LEGION DOES NOT WARRANT THAT THE SITE, USER INFORMATION OR ANY INFORMATION POSTED BY A USER WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL OR ENTITY WHO EITHER HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY LEGION OR THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN WHICH CASE THE ABOVE APPLIES ONLY TO THE EXTENT PERMISSIBLE BY LAW.
FOR JURISDICTIONS THAT DO NOT ALLOW US TO LIMIT OUR LIABILITY: NOTWITHSTANDING ANY PROVISION OF THESE TERMS, IF YOUR JURISDICTION HAS PROVISIONS SPECIFIC TO WAIVER OR LIABILITY THAT CONFLICT WITH THE ABOVE THEN OUR LIABILITY IS LIMITED TO THE SMALLEST EXTENT POSSIBLE BY LAW. SPECIFICALLY, IN THOSE JURISDICTIONS WHERE WE ARE NOT ALLOWED TO DISCLAIM THE BELOW ((A), (B) AND/OR (C)), WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY LEGION ATHLETICS’ NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; OR (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES: YOU HEREBY WAIVE ANY PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE BELOW RELEASE FOR CALIFORNIA RESIDENTS.
CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.
You agree to defend, indemnify and hold Legion Athletics, its subsidiaries, officers, employees, and contractors harmless from any claims, actions, or demands by you or any third party, and for any damages and expenses, including but not limited to reasonable attorneys’ fees and costs, related to, or arising from, your use of our Site and/or Services and any violation of this Agreement. You further agree to participate, in good faith, in any legal proceedings related to, or arising from, your use of this Site and/or Services. Finally, you agree to bring any infringements or unauthorized uses of our Site and/or Services that you are, or become, aware of to our attention by sending an email to [email protected] within five (5) days of becoming aware of such uses or infringements.
19. Choice of Law
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of conflict or choice of law rules.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
20. Dispute Resolution and Class Action Waiver
Any dispute, claim or controversy arising out of or relating to this Agreement, expressly including, but not limited to, your use of our Services, or the breach, termination, enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the state of Florida before one arbitrator.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND LEGION ATHLETICS SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
To initiate arbitration, you or Legion Athletics must send a letter requesting arbitration to the other party. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures, which can be found here: https://www.jamsadr.com/rules-streamlined-arbitration/. You may request to have the arbitration conducted virtually or at another mutually agreed location. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Additionally, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.
In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration.
The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules, which can be found here: https://www.jamsadr.com/rules-comprehensive-arbitration/.
The parties shall maintain the confidential nature of the arbitration proceeding and any Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
If any term or provision of this Section 21 is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section 21. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This Section 21 arbitration provision shall survive any cancellation or termination of your use of, or participation in, any of our Services.
21. Force Majeure
Legion Athletics shall not be held liable or responsible to you nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by, or results from, causes beyond the reasonable control of Legion Athletics, including but not limited to fire, floods, embargoes, pandemics, war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, or acts of God; provided, however, that Legion shall use reasonable efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable speed and efficiency whenever such causes are removed.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Legion Athletics shall have the sole right to elect which provision remains in force.
Legion Athletics reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
24. Termination & Cancellation
We may terminate your account or access, as well as access to our Site and Service, at our discretion and without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been, and will not be, delivered,