TERMS AND CONDITIONS

 

AGUILA PERFORMANCE AGREEMENT

These Terms of Use (the "Agreement") constitute a legally binding agreement by and between Aguila Performance and you ("you", "your", "user" or "users") concerning your use of Aguila Performance website located at http://www.aguilaperformance.com (the "Website"). By using the Website, you represent and warrant that you have read and understand, and agree to be bound by, this Agreement and Aguila Performances' Privacy Policy, which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE WEBSITE.

PRIVACY POLICY

By using the Website and being a user of Aguila Performances services, you consent to the collection and use of certain information about you, as specified in the Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

CHANGES TO AGREEMENT

Aguila Performance RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY:

  1. THE POSTING OF A NEW VERSION; AND/OR

  2. A CHANGE NOTICE ON THE WEBSITE OR APPLICATION. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY.

You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Website following the date in which the modified or amended Agreement is posted.

LICENSE

Subject to your compliance with the terms and conditions of this Agreement, Aguila Performance has granted you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Website FOR YOUR PERSONAL AND NON-COMMERCIAL USE. The Website, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Aguila Performance. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of Aguila Performance or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.

THIS WEBSITE DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE; AND NO DOCTOR-PATIENT RELATIONSHIP. Aguila Performance provides the Website for informational purposes only.

THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION.

Aguila Performance is not a medical professional and does not provide medical services or render medical advice. The Website is not a substitute for the advice of a medical professional, and the information made available should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, you should consult a medical professional.

By selecting Aguila Performance as your performance platform you acknowledge that you are in good health and fit to train.

YOUR USE OF THE WEBSITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND AGUILA PERFORMANCE. YOU HEREBY AGREE THAT, BEFORE USING THE WEBSITE, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE, WEIGHT TRAINING, CHANGES IN YOUR DIET, AND ANY RISKS ASSOCIATED WITH CYCLING, AND RUNNING. THIS WEBSITE DOES NOT PROVIDE SAFETY GUIDELINES, LAWS, OR ASSURANCES Aguila Performance promotes the highest standards for safety regarding the risks associated with exercise, weight training, diet changes, cycling, and running, but does not comprehensively educate users on all such safety standards via the Website. You, knowingly and freely, assume all responsibility to ensure your own safety, including learning risk management, personal safety and local and relevant laws.

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SUBSCRIBING TO AGUILA PERFORMANCE SERVICES.

YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY AGUILA PERFORMANCE AND ITS COACHES, ATHLETES, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUB-LICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE OR AGUILA PERFORMANCE SERVICES.

CONSENT TO RECEIVE EMAIL FROM AGUILA PERFORMANCE

By engaging in the contact features the Website, you will receive email communications regarding Aguila Performance's services of which you may opt out of receiving. You may also receive periodic promotions and other offers or materials Aguila Performance believes might be of interest to you.

THIRD-PARTY WEBSITES

The Website may include links to websites of third parties ("Third-Party Websites"), some of whom may have established relationships with Aguila Performance, and some of whom may not. Aguila Performance does not have control over the content and performance of Third-Party Websites. Aguila Performance HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, RISKS ASSOCIATED WITH WEIGHT TRAINING, CYCLING, AND RUNNING. AGUILA PERFORMANCE DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. AGUILA PERFORMANCE DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.

YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE RESPONSIBLE FOR:

  1. TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT;

  2. ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS;

  3. ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED;

  4. ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD-PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND

  5. READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.

THIRD-PARTY SERVICES

Certain features, aspects, products and services offered through the Website may be provided, in whole or in part, by third parties ("Third-Party Services" as provided by "Third-Party Service Providers"). In order to use Third-Party Services, You may be required to enter into additional terms and conditions with Third-Party Service Providers. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, YOU MAY NOT USE THE RELATED THIRD-PARTY SERVICES. In the event of any inconsistency between terms and conditions relating to Third-Party Services and the terms and conditions of this Agreement, those additional terms and conditions will control, although only with respect to such Third-Party Services. The providers of Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Providers’ privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. AGUILA PERFORMANCE HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

USER CONTENT

"User Content" is any content, materials or information (e.g., any text, information, photos, images, video, and other content and material) that you upload or post to, or transmit, display, perform or distribute by means of, the Website, or through the use of any Third-Party Websites or Third-Party Services or otherwise. You hereby grant Aguila Performance and its coaches, athletes, employees, agents, affiliates, representatives, service providers, partners, sub-licensees, successors, and assigns (collectively, the "Aguila Performance Parties") a perpetual, fully paid-up, worldwide, sublicensable, irrevocable, assignable license to copy, distribute, publish, transmit, publicly display or perform, edit, modify, translate, reformat and otherwise use User Content in connection with the operation of the Website or any other similar services or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that this license includes the right for the Aguila Performance Parties to publish, display or otherwise use and make available your User Content and possibly your name and/or any user name of yours in connection with their exercise of the license granted under this section. You agree to waive, and hereby waive, any claims arising from or relating to the exercise by the Aguila Performance Parties of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section.You hereby represent and warrant that you own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the Aguila Performance Parties under this section. You represent and warrant that, when using the Website you will obey the law and respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE. YOU BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS. Aguila Performance reserves the right to

  1. remove, suspend, edit or modify any User Content in its sole discretion, including without limitation any User Content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Aguila Performance is concerned that you may have violated these Terms of Use), or for no reason at all; and

  2. to remove, suspend or block any User Content submissions. Aguila Performance also reserves the right to access, read, preserve, and disclose any information as Aguila Performance reasonably believes is necessary to

    • satisfy any applicable law, regulation, legal process or governmental request,

    • enforce these Terms of Use, including investigation of potential violations hereof,

    • detect, prevent, or otherwise address fraud, security or technical issues,

    • respond to user support requests, or

    • protect the rights, property or safety of Aguila Performance, its users and the public.

OBJECTIONABLE CONTENT

You represent and warrant that you shall not use the Website to upload, post, transmit, display, perform or distribute any content, information or materials that:

  1. are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic;

  2. constitute child pornography;

  3. solicit personal information;

  4. incite, encourage or threaten physical harm against another;

  5. promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people;

  6. glamorize the use of hard core illegal substances and drugs;

  7. advertise or otherwise solicit funds or constitute a solicitation for goods or services;

  8. violate any provision of this Agreement or any other Aguila Performance agreement, guidelines or policy; or

  9. is generally offensive or in bad taste, as determined by Aguila Performance (collectively, "Objectionable Content"). 

AGUILA PERFORMANCE GROUP DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE SERVICES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, Aguila Performance reserves the right to terminate your use of the Website or your uploading, posting, transmission, display, performance or distribution of Objectionable Content. Aguila Performance, in its sole discretion, may delete any Objectionable Content from its servers and intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

 

PROHIBITED USES

Aguila Performance imposes certain restrictions on your use of the Website. You represent and warrant that you will not do the following:

  1. "stalk" or otherwise harass any coach or athlete, or contact any person who has requested not to be contacted; 

  2. provide false, misleading or inaccurate information to Aguila Performance or any coach or athlete;

  3. impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;

  4. harvest or otherwise collect information about Aguila Performance's athletes, including email addresses and phone numbers;

  5. use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;

  6. access content or data not intended for you, or log onto a server or account that you are not authorized to access;

  7. attempt to probe, scan, or test the vulnerability of the Website or any associated system or network, or breach security or authentication measures without proper authorization;

  8. interfere or attempt to interfere with the use of the Website by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";

  9. use the Website to send unsolicited e-mail, including without limitation promotions or advertisements for products or services;

  10. forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website;

  11. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; or

  12. attempt to modify, reverse-engineer, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Aguila Performance Parties in providing the Website. Any violation of this section may subject you to civil and/or criminal liability.

INTELLECTUAL PROPERTY

Trademarks

Aguila Performance, aguilaperformance.com and the Aguila Performance logo (collectively, the "Aguila Performance Marks") are trademarks or registered trademarks of Aguila Performance. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither your use of the Website, nor this Agreement, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the Aguila Performance Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Aguila Performance Marks generated as a result of your use of the Website will inure to the benefit of Aguila Performance, and you agree to assign, and hereby do assign, all such goodwill to Aguila Performance. You shall not at any time, nor shall you assist others to, challenge Aguila Performances right, title, or interest in or to, or the validity of, the Aguila Performance Marks.

Copyrighted Materials; Copyright Notice

All content and other materials available through the Website, including without limitation the Aguila Performance logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by or are the property of Aguila Performances licensors and suppliers. Except as explicitly provided, neither your use of the Website nor this Agreement grant you any right, title or interest in or to any such materials.

DMCA Policy

Aguila Performance respects the intellectual property rights of others. Per the DMCA, Aguila Performance will respond quickly to claims of copyright infringement on the Site if submitted to Aguila Performance as described below. If you have evidence, know, or have a good faith belief that your rights or the rights of a third-party have been violated and you want Aguila Performance to delete, edit, or disable the material in question, you must provide Aguila Performance with all of the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

  3. identification of the material that is claimed to be infringed 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 Aguila Performance to locate the material;

  4. information reasonably sufficient to permit Aguila Performance to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;

  5. 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 owner, its agent, or the law; and

  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Nick Aguila, Head Coach, via the contact feature on the Website. 

DISCLAIMERS; LIMITATION OF LIABILITY

NO WARRANTIES.

AGUILA PERFORMANCE, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGUILA PERFORMANCE, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANDISE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER AGUILA PERFORMANCE NOR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY

THE LIABILITY OF AGUILA PERFORMANCE AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGUILA PERFORMANCE OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEE-ABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO AGUILA PERFORMANCE OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF AGUILA PERFORMANCE AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE $40.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN AGUILA PERFORMANCE AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

INDEMNITY

Without limiting any indemnification provision of this Agreement, you agree to defend, indemnify and hold harmless Aguila Performance and its coaches, athletes, employees, agents, affiliates, representatives, sub-licensees, successors, and Third-Party Service Providers (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to:

  1. Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; 

  2. Your access to or use of the Website;

  3. Your provision to Aguila Performance or any of the Indemnified Parties of information or other data;

  4. Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or

  5. Your violation or alleged violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

GOVERNING LAW

Jurisdiction and Location

This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the United Stated of America ("USA") and shall be governed by and construed in accordance with the laws of the USA without regard to its conflict of law principles.

TERMINATION

Termination; Survival

Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so in accordance with this Agreement. This Agreement shall automatically terminate in the event that you breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by Aguila Performance. Upon termination, all rights, licenses and obligations created by this Agreement will terminate.

 

Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website. Subsequent to termination, Aguila Performance reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Website.

NOTICES

All notices required or permitted to be given under this Agreement must be in writing. Aguila Performance shall give any notice by email sent to the most recent email address, if any, provided by you to Aguila Performance. You agree that any notice received from Aguila Performance electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH AGUILA PERFORMANCE IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY AGUILA PERFORMANCE OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Aguila Performance by means of email to Nick Aguila, Head Coach, via the contact feature on the Website. 

GENERAL

This Agreement constitutes the entire agreement between Aguila Performance and you concerning your use of the Website. This Agreement may only be modified by a written amendment signed by an authorized executive of Aguila Performance or by the unilateral amendment of this Agreement by Aguila Performance and by the posting by Aguila Performance of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. You and Aguila Performance are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the Aguila Performance Parties, the Indemnified Parties, and Aguila Performances licensors and suppliers, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Aguila Performance and Aguila Performance's licensors and suppliers, and would therefore entitle Aguila Performance or Aguila Performance's licensors or suppliers, as the case may be, to injunctive relief.

AGUILA PERFORMANCE PRIVACY POLICY

Your privacy is critically important to Aguila Performance. Aguila Performance created this Privacy Policy to explain how information is collected, used and explain how your information is protected when you visit and use the Website. Any terms capitalized but not otherwise defined herein shall have the respective meanings set forth in the Aguila Performance Terms of Use.

This Privacy Policy is only applicable to the Website and does not apply to any websites or applications that are owned or operated by third parties ("Third-Party Websites/Applications"), which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites/Applications, below.

BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MAY NOT USE THE WEBSITE.

Personal Information

You may be asked to provide Aguila Performance certain information related to you ("Personal Information"). Personal Information includes, without limitation:

  1. "Contact Data" (personally identifiable information about you, such as Your name and email address, as well as your friends and contacts, if you enable access to your contacts and address book information); and

  2. "Demographic Data" (personal information about you (but doesn’t specifically identify you), such as Your gender, birthday, zip code, country, height, weight, lifestyle, training data, racing data, and race results.

The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile, providing the Website and related services, monitoring and improving the content and usage of the Website, interacting with the Website and with your friends and other members, to find and connect with your friends and other members (when instructed by you), customizing the advertising and content you see, communicating with you about new features and other news, and any other purpose for which the information was collected. We may also draw upon this Personal Information in order to adapt the Website to your needs, to research the effectiveness of our Website, and to develop new tools for our members. You are under no obligation to provide Personal Information, however, not providing this information may prevent You from using certain features of the Aguila Performance's services.

Personal Information

Aguila Performance may use your Contact Data to send you information about Aguila Performance and Aguila Performances products and services, and to contact you when necessary in connection with the Website. Aguila Performance uses your Contact Data (when instructed by you) to connect you. If provided, Aguila Performance may use your Demographic Data to customize and tailor your experience on the Website. Aguila Performance may release or share Demographic Data with third-parties in anonymous form and/or in the aggregate, for industry analysis, research, demographic profiling and other similar purposes. If and when such Demographic Data is used, you will be granted an opportunity to opt-out of sharing your anonymized and Demographic Data.

By Law or to Protect Rights

Aguila Performance discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Aguila Performance believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Aguila Performance, third-parties, or the public at large.

EMAIL COMMUNICATIONS FROM AGUILA PERFORMANCE

In providing the Website, you may receive periodic email communications from Aguila Performance regarding coaching updates, events, and news items relevant to Third-Party Affiliates. Services, such as new product offers and other information regarding the Website, which are part of the Website and which you cannot opt out of receiving. You may also receive periodic promotions and other offers or materials Aguila Performance believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by contacting Nick Aguila, Head Coach, via the contact feature on the Website. 

SECURITY OF PERSONAL INFORMATION

Aguila Performance understands that no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. In the event that Your Personal Information is compromised as a result of a breach of security, Aguila Performance will promptly notify you if your Personal Information has been compromised as required by applicable law.

THIRD-PARTY WEBSITES/APPLICATIONS

The Website and Applications may contain links to Third-Party Websites/Applications. Aguila Performance does not own or control these Aguila Performance Websites/ Applications. Aguila Performance is not responsible for the privacy and security practices and policies of those Third-Party Websites/Applications and this Privacy Policy does not apply to any Third-Party Websites/Applications, except with respect to Personal Information provided directly to them by Aguila Performance. Before visiting or providing Personal Information to a Third-Party Website, You should inform yourself of the privacy policies and practices (if any) of that Third-Party Website, and should take those steps necessary to, in your discretion, protect your privacy.

UPDATES AND CHANGES TO PRIVACY POLICY

Aguila Performance reserves the right to, update, change or modify this Privacy Policy. Any material changes to this policy will be posted on the Website (or you may be notified by email or other notification), and will indicate when such changes will become effective. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Website following the date in which the modified or amended Privacy Policy is posted on the Website. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

 
 
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Aguila Performance

Manchester, NH, USA 03103

aguilaperformance@gmail.com

Copyright  ©2021 Aguila Performance, All rights reserved