TERMS & CONDITIONS
ADAPTIVE PERFORMANCE AND ITS DOING BUSINESS AS ENTITIES, INCLUDING JUMPJAM AND EMPOWER COMMUNITY, (HEREAFTER THE “COMPANY” OR “COMPANIES”), OPERATE WEBSITES, INCLUDING ADAPTIVEPERFORMANCE.COM. JUMPJAM.CO, EMPOWER.COMMUNITY AND RELATED SUBSITES THAT DISPLAY THESE TERMS, AND ALL SOFTWARE, PRODUCTS, APPLICATIONS, MOBILE SITES, FEATURES AND SERVICES MADE AVAILABLE, DISPLAYED OR OFFERED BY OR THROUGH OUR WEB SITE OR SUBSITES (THIS "SITE") IS OWNED AND OPERATED BY OR ON BEHALF OF ADAPTIVE PERFORMANCE, LLC, WITH AN EMAIL ADDRESS OF: HELLO@ADAPTIVEPERFORMANCE.COM
The collective SITE is included and incorporated into the broader “Content”. Content shall be defined as any interaction between You and the Company. “You” refers to anyone who uses, visits, or views any Content. Content shall include but not be limited to, any products or services, any materials therein, including any and all software, text, graphics, images, audio, video, illustrations, logos, trademarks, services marks, data and other material contained or transferred by any channel of distribution, including in-person interactions, websites, apps, newsletter, social media, streaming platforms such as YouTube, and tangible products (the “Content”).
YOUR ACCESS AND USE OF THE CONTENT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS & CONDITIONS”) AND ALL APPLICABLE LAWS. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS & CONDITIONS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS & CONDITIONS, DO NOT ACCESS, BROWSE, OR USE THIS SITE OR THE CONTENT OR SERVICES HEREON.
CERTAIN PORTIONS OF THE WEBSITE MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS SPECIFIED BY US FROM TIME TO TIME; YOUR USE OF THE WEBSITE IS SUBJECT TO THOSE ADDITIONAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED INTO THESE TERMS & CONDITIONS BY THIS REFERENCE.
Adaptive Performance, together with its subsidiaries, are collectively referred to in these TERMS & CONDITIONS as “Company”, “we,” “us,” “our,” or other similar pronouns.
I. Privacy Policy
We respect your privacy. Our collection, use and disclosure practices regarding your personally identifiable information is set forth in our Privacy Policy. Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and your assent to these TERMS & CONDITIONS includes your assent to our Privacy Policy.
II. Registration and Eligibility
COMPANY may allow users to establish an account to access various features of this Site and this Content, such as registration for the COMPANY courses, and events, COMPANY and use of message boards, discussion boards, and other public forums. If you register, you agree to provide COMPANY with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these TERMS & CONDITIONS, which may result in immediate suspension or termination of your account. COMPANY Registrants must agree, without limitation, to comply with our DISCLAIMER and any rules and guidelines stipulated in our Community Guidelines.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register for any function, service, or portion of this Site which requires such registration. This Site is not intended or designed to attract children under the age of 13. If you are under the age of 13, you may not use the Site. If you are a minor age between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these TERMS & CONDITIONS. If you are a parent or legal guardian agreeing to these TERMS & CONDITIONS for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of the Site and the Content (as defined above), including all legal liability he or she may incur. By using this Site and any Content or services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these TERMS & CONDITIONS and to abide by all of the terms and conditions set forth herein.
III. Medical Disclaimer
You expressly acknowledge and agree that COMPANY, the Content, and this Site do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice or a medical examination. The Content may contain general information relating to certain medical conditions and their treatment. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a physician or other medical provider. You should not use the information provided on this Site for diagnosing a health problem or disease. Prior to participating in any program, workout, training, course, activity, exercise, diet, or use of any product, program, workout, exercise or treatment discussed on this Site, or if you have any questions regarding a medical condition, seek the advice of your physician and other qualified health-care professionals. You understand that the exercises and programs discussed on this Site or within the Content can be strenuous and should be adjusted to accommodate your fitness level or done in moderation.
There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with COMPANY, any Content or this Site are at your sole discretion and risk. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or in any Content.
IV. Use of Site; Limited License
All Content on this Site and otherwise available through this Site, including designs, logos, artwork, text, graphics, images, data, information, software, music, sounds, interactive features, video, audio and other files, and all other copyrightable or otherwise legally protectable elements of the Site, including, without limitation, their selection, compilation and arrangement, is owned by COMPANY or its licensors. No Content may be modified, distributed, framed, copied, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, licensed, bartered, leased or sold in any form or by any means, in whole or in part, other than as expressly permitted in these TERMS & CONDITIONS or as expressly authorized in writing by COMPANY.
Subject to these TERMS & CONDITIONS, authorized users may access and use the Content and download or print a reasonable number of copies of portions of this Content to which the user has properly gained access solely for the user's personal, non- commercial use (unless otherwise expressly authorized in writing by COMPANY), provided that the user maintains all copyright or other proprietary notices, without alteration, on all copies of such Content. You may not publish or otherwise distribute any Content, including via the Internet, any social media platform or network or any intranet or extranet site, or incorporate this Site content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site content or Content generally. Any use of this Site or this Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of any and all Content and this Site.
V. Links to and from this Site
Unless otherwise notified by us, you are free to link to this Site so long as you make it clear that (a) the linked content belongs to COMPANY; (b) such content is not your own; and (c) the originating website makes no claim of owning, being related to or owned or controlled by, being under common control with, or sanctioned by, approved by, or endorsed by, COMPANY. In addition to other third-party sites accessible through the Site, any YouTube or Vimeo videos published on our Site are implemented as a YouTube or Vimeo Data API Client application. By accessing these videos, you agree to also consent to any third-party’s terms of service, including but not limited to,YouTube’s and Vimeo’s Terms of Service (https://www.youtube.com/t/terms) (https://vimeo.com/terms).
VI. Unsolicited Submissions
COMPANY welcomes your participation and contributions to its online forums and discussions, including your feedback and comments on your experiences with the COMPANY program, and COMPANY's events, activities, courses, challenges, workouts, and other interactions. But COMPANY's policy is not to, and neither COMPANY nor any of its employees will, accept or consider unsolicited ideas, suggestions and other material. This is to avoid the possibility of future misunderstandings arising if COMPANY develops or implements or uses a program, product, equipment, service, feature, workout, software, application or tool that seems to be similar to your own ideas or creative work. If you do submit any feedback, comments, ideas, suggestions, concepts, workouts, marketing plans, names for new events, or material (collectively, "Submissions") to COMPANY, including any Submissions that we have asked you not to submit to us, then regardless of what your Submission and any accompanying correspondence might say, by submitting your Submission you acknowledge and agree that:
At the moment you submit your Submission to COMPANY, you are automatically and irrevocably assigning your Submission and all rights to it to COMPANY, and COMPANY will have no obligations to you in relation to your Submission; In the event that your Submission is not assignable, you hereby acknowledge and agree that, from the moment you submit your Submission to COMPANY, you grant COMPANY and its designees a worldwide, perpetual, irrevocable, sublicensable, transferable, assignable, non-exclusive and royalty free right and license to reproduce, publish, distribute, prepare derivative works from, display, perform, modify, adapt, broadcast, license, sell, offer for sale, translate, make, have made, import and otherwise use, any Submission, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to you, including sublicensing any third party to do any of the foregoing. Your Submission will not contain any proprietary or confidential information;
We shall determine, in our sole discretion, whether materials you submit to us or to the Site are classified as Submissions or User Content.
SOFTWARE AND APPLICATIONS AVAILABLE ON THIS SITE
Any software or application that is made available via the Content or via this Site ("Software") is the copyrighted work of COMPANY and/or third-party providers or other suppliers of COMPANY. Software is included in the broader definition of Content. In addition to these TERMS & CONDITIONS, your use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"), which License Agreement is incorporated herein by reference. End users shall not install or use any Software that is accompanied by or includes a License Agreement unless the end user first agrees to the License, the following shall constitute the License Agreement:
"Subject to the COMPANY TERMS & CONDITIONS and your agreement therewith, COMPANY hereby grants to you, the user, a personal, non-transferable, non-exclusive license during the term of this license agreement to use this software for its intended purpose in accordance with this license agreement, and for no other purpose. Please note that this software is owned by COMPANY and/or third-party providers or other suppliers of COMPANY and is protected by copyright laws and international treaty provisions. Any reproduction, exchange, transfer or redistribution of this software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible."
WITHOUT LIMITING THE FOREGOING, COPYING, REPRODUCTION, REVERSE ENGINEERING, DECOMPILING, DERIVING SOURCE CODE FROM, OR DISASSEMBLING, IN WHOLE OR IN PART, OF THE SOFTWARE MADE AVAILABLE VIA THIS SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION, OR CREATING DERIVATIVE WORKS BASED OFF SUCH SOFTWARE, IS EXPRESSLY PROHIBITED.
VII. User Content
By submitting, posting, uploading, displaying, performing, transmitting, or otherwise distributing information, including workout, nutrition, gym and biographical information, messages, notes, text, listings, videos, pictures, graphics, drawings, audio, music and sound, text, data, communications or other content ("User Content"), to this Site, you authorize COMPANY to treat any User Content as non-confidential and non-proprietary. You retain all of your rights in User Content you post to our Site. However, from the time of uploading or submission of the User Content, you grant COMPANY, its subsidiaries, entities owned, related to or controlled by COMPANY, officers, directors, employees, staff, consultants, agents, and representatives, a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and freely transferable right and license to reproduce, publish, distribute, prepare derivative works from, display, perform, modify, adapt, broadcast, license, sell, translate, and otherwise use User Content, in whole or in part, including, without limitation, in connection with the operation, promotion, marketing, and advertising of the business, products, programs, events, competitions and services of COMPANY, including the exploitation thereof, in each case in any media formats and through any means or methods whether now known or hereafter discovered. You agree that COMPANY may exploit your User Content without compensation or credit to you, including by sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by COMPANY and/or its third party providers or sublicensees of any User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for the material or ideas set forth therein. You agree that COMPANY may publish or otherwise disclose your name, age and other information provided by you in connection with your COMPANY ID or event registration User Content.
You are solely responsible for the User Content, and any other content, material or data that you upload, publish or display on or through the Content or this Site, or transmit to or share with others. JumpJam does not verify the accuracy or authenticity of any User Content and makes no representations or warranties with respect to any User Content.
Reporting Violations of Your Copyrights or other Intellectual Property Rights
We will respond to notices of alleged copyright or other intellectual property infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. In addition, you agree that, in the event we receive a written demand from a third party alleging that any User Content infringes upon, dilutes, tarnishes or otherwise violates its trademark or trade secret rights, we may in our sole discretion, remove or disable access to such User Content.
If you are a copyright owner, or an agent thereof, and believe that any of the content on this Site infringes upon your copyrights or other intellectual property right, pursuant to the DMCA, you may submit a notification by providing our Copyright Agent (contact information below) with the following information:
● A physical or electronic signature of the copyright, or other intellectual property right, owner (or someone authorized to act on behalf of the owner);
● Identification of the protected work and intellectual property right (i.e., copyright or trademark) claimed to have been infringed, or, if multiple protected works are covered by a single notification, a representative list of such works;
● Identification and location of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit COMPANY to locate the material;
● Information reasonably sufficient to permit COMPANY to contact you, such as an address, telephone number, and, if available, an electronic mail address;
● A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
● A statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the intellectual property right owner of the right that is allegedly infringed.
You acknowledge that if you fail to comply with the procedures provided in this subsection for reporting a claimed copyright infringement, your notice may not be valid under the DMCA. See 17 U.S.C. 512(c)(3) for further details.
With respect to content that was taken down due to a copyright infringement claim, if you believe that your content that was removed (or access was disabled to) is not copyright infringing, or that you have authorization from the rightful copyright owner, the copyright owner's agent, or pursuant to law, to post and use the allegedly infringing material in your posted content, you may send a counter-notice to hello@adaptiveperformance.com.
VIII. Trademarks
“Adaptive Performance” and "JumpJam",
is the trademarks, service marks, trade names or trade dress of Companies in the U.S. and other countries. Unless expressly authorized by COMPANY in writing, you may not use COMPANY trademarks and trade dress, including as part of trademarks, business names, doing business as names and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that COMPANY endorses any product or service. You may not reproduce or use COMPANY's trademarks or trade dress without the prior written permission of COMPANY. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, trade names, trade dress, service marks, taglines, or logos owned or licensed by COMPANY or by any third party.
IX. Copyright and Content
The contents of this Site are protected by copyright under United States and foreign laws. Title to the content of this Site remains with COMPANY or its licensors. Any use of such content not expressly permitted by these TERMS & CONDITIONS is a breach of these TERMS & CONDITIONS and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the editorial discretion of COMPANY. All rights not expressly granted herein are reserved to COMPANY and its licensors.
X. Use of Public Forums and Inappropriate Content
COMPANY offers and maintains certain discussion boards, user forums and other places where the COMPANY user community can post questions and share information, ideas, workouts, comments or advice. You agree that you will not upload or transmit any User Content of any type to any Public Forums of this Content that infringes or violates any rights of any party. We expressly disclaim responsibility for and liabilities resulting from, any information or communications from and between users of the Public Forums. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency and COMPANY immediately. COMPANY reserves the right to terminate your receipt, transmission, or other distribution of any such material using this Site or any Content, and, if applicable, to delete any such material in our sole discretion.
XII. Other Prohibited Uses
You are prohibited from violating or attempting to violate, and agree not to violate or attempt to violate, any security features of this Site, including, without limitation; accessing or attempting to access any content or data not intended for you, or logging onto a server or account that you are not authorized to access or any other activity that we in our sole discretion determine is not in the best interest of the Site or the Content. COMPANY reserves the right to suspend or terminate your use of this Site or any Content.
XIII. No Warranties
COMPANY AND COMPANY'S RELATED ENTITIES AND SUBSIDIARIES, INCLUDING ENTITIES IT OWNS, CONTROLS OR IS UNDER COMMON CONTROL WITH, COMPANY'S THIRD PARTY PROVIDERS, ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT, SOFTWARE OR SERVICES CONTAINED ON THE SITE OR ON ANY CONTENT, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE COMPANY PARTIES ARE MAKING THIS SITE (INCLUDING WITHOUT LIMITATION, THE CONTENT) AVAILABLE "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE COMPANY PARTIES DO NOT WARRANT THAT THE CONTENT OR THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED, SECURE, BUG-FREE OR ERROR-FREE. THIS SITE AND ANY CONTENT ARE PROVIDED TO YOU "AS-IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE INFORMATION, SERVICES AND CONTENT AVAILABLE THEREON IS AT YOUR OWN RISK.
XIV. Limited Liability
NEITHER COMPANY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE AND ANY CONTENT THEREON SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ACCESS TO THIS SITE OR THE CONTENT.
THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AND DISABILITY AS WELL AS DAMAGES TO PERSONAL PROPERTY.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY COMPANY PURSUANT TO THESE TERMS & CONDITIONS, OR IN ANY OTHER WAY CONCERNING THIS SITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THIS SITE OR OUR CONTENT.
XV. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, STAFF, AGENTS, LICENSORS, LICENSEES, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY AND ACCOUNTING FEES, RESULTING FROM (I) YOUR VIOLATION OF THESE TERMS & CONDITIONS, (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, ANY COPYRIGHT, TRADEMARK, PROPERTY, PUBLICITY OR PRIVACY RIGHT, (III) ANY CLAIM THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY, (IV) THE BREACH BY YOU OF ANY REPRESENTATIONS, WARRANTIES AND/OR COVENANTS CONTAINED HEREIN OR (V) YOUR USE OF THIS SITE OR CONTENT.
XVI. Governing Law
The TERMS & CONDITIONS are governed by the internal and substantive laws of the State of Kansas without respect to its conflict of laws principles. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
XVII. Dispute Resolution
You agree that any suit, action, claim or dispute (“Claim”) arising out of or relating to these TERMS & CONDITIONS or any services thereon (including without limitation, statutory, equitable or tort claims) shall be submitted to the American Arbitration Association (“AAA”) for final and binding arbitration in San Diego, California, in English, before a single neutral arbitrator (“Arbitrator”). The Arbitrator shall be a retired state or federal court judge and shall be mutually agreed upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by AAA with consideration given to the Arbitrator's experience presiding over or litigating software industry matters. Notwithstanding the foregoing, COMPANY may bring an action in any court of applicable jurisdiction to protect its intellectual property or other rights or to seek to obtain injunctive relief or other equitable remedies from a court to enforce the provisions of these TERMS & CONDITIONS or to enforce the decision of the Arbitrator.
You will not raise in connection therewith, and hereby waive, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action, suit or proceeding brought in the State of California. If necessary, you further agree and expressly consent to the exercise of personal jurisdiction by the courts of the State of California in connection with any such dispute including any Claim involving COMPANY or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, content providers and any other party involved in creating, producing, delivering or maintaining this Site.
YOU AND COMPANY AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE CLAIM BETWEEN COMPANY AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW: (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
XVIII. Severability/Waiver
If any provision of these TERMS & CONDITIONS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TERMS & CONDITIONS, which shall remain in full force and effect. The section headings used herein are for convenience only and shall not affect the interpretation of these TERMS & CONDITIONS.
Our failure to exercise any right or remedy available upon your breach of these TERMS & CONDITIONS or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (a) our rights or remedies, (b) the requirement of punctual performance or (c) any right or remedy in connection with a subsequent breach or default on your party. No waiver of any of these TERMS & CONDITIONS shall be deemed a further or continuing waiver of such terms and condition or any other term or condition.
XIX. Modifications / Assignment
COMPANY may, in its sole discretion and without prior notice, (a) revise these TERMS & CONDITIONS; (b) modify this Site, including the Privacy Policy; or (c) discontinue this Site (in whole or in part) at any time. COMPANY shall post any revision to these TERMS & CONDITIONS to this Site, and the revision shall be effective immediately on such posting. You agree to review these TERMS & CONDITIONS and other online policies posted on this Site periodically to be aware of any revisions. You agree that, by continuing to use or access this Site following notice of any revision or the posting of any revision, you shall abide by any such revision. When we change the TERMS & CONDITIONS or Privacy Policy in a material manner, we will update the ‘last modified’ date at the bottom of this page. We may assign these TERMS & CONDITIONS with or without notice to one or more third parties.
XX. Complete Agreement
Except as expressly provided in any particular "legal notice", competition, event, or end user software license agreement found on this Site or Content, these TERMS & CONDITIONS, our Disclaimer and our Privacy Policy constitute the entire agreement between you and COMPANY with respect to the use of this Site and the content therein.
XXVI. For Additional Information
If you have any questions about these Terms of Service, please contact hello@adaptiveperformance.com.
XXVII. Last Modified Date of these TERMS & CONDITIONS
February 27, 2025.
