Terms

PLEASE READ CAREFULLY BEFORE USING THIS SITE AND THE SERVICES PROVIDED THROUGH IT.

• ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

• EMPOWER MY ATHLETE LLC., a Tennessee Limited Liability Company (the “Empower My Athlete”), provides the empowermyathlete.com web-based site and various related services including any of our desktop applications, mobile applications, websites (empowermyathlete.com), any Empower My Athlete-owned web store, digital content, other products controlled, owned or licensed by Empower My Athlete, and any other products or services that include a link to these Terms of Use (collectively, the “Platform”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between Empower My Athlete and you. In addition, when using particular services or materials on the Platform, you shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
• BY COMPLETING THE REGISTRATION PROCESS OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH COMPANY REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE AND/OR YOUR COMPLETION OF THE REGISTRATION PROCESS, WHICHEVER IS EARLIER IN TIME.
• These Terms of Use are effective as of June 18th, 2023. Empower My Athlete reserves the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Platform and these Terms of Use periodically and to be aware of any modifications. Your continued use of the Platform after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
• As used in these Terms of Use, references to “Affiliates” include Empower My Athlete’s owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, members, agents, successors, assigns, shareholders, principals, employees, and advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering the Platform and/or its contents.
• As used in these Terms of Use, reference to “you”, “your”, and “user(s)” includes, without limitation, you and any user of this Platform. 
• As used in these Terms of Use, reference to “professional(s)” means any third party seeking to provide Professional Services (as that term is defined in Section 2 below) to any person through this Platform.

• DESCRIPTION OF SERVICES

• The Platform makes various services available including, but not limited to, connecting mental performance coaches (“Professionals”) with users seeking consulting, coaching, advising, and/or other professional expertise related to sport-related performance (collectively, “Professional Services”). Empower My Athlete matches users seeking Professional Services with Professionals and provides logistical support for those Professional Services, but all Professionals are independent of and are not employed by Empower My Athlete. You are solely responsible for providing, at your own expense, all equipment necessary to use the Platform, including a computer and modem, and your own internet access (including payment of telephone service fees associated with such access).
• In order to match you with a Professional who can provide you with Professional Services, Empower My Athlete may ask you to respond to a mental skills assessment (an “Assessment”). Information you provide in the Assessment is governed by Empower My Athlete’s Terms of Use and Privacy Policy.
• If you obtain Professional Services from a Professional, your relationship with that Professional (including any information you provide to that Professional) is strictly between you and that Professional. We do not collect any information that you provide directly to that Professional, and such information is therefore not governed by Empower My Athlete’s Terms of Use or Privacy Policy.
• Professional Services provided through the Platform are not medical services. You should exercise the same degree of care in your use of the Platform as you would make any mental health-related decision. You should not ignore, avoid, or delay medical advice from your medical professionals solely because of information you see on the Platform or receive from a Professional.
• COMPANY RESERVES THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY FEATURES THEREIN, AT ANY TIME. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, OR THE ADDITION OF FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THE SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
• You understand and agree that temporary interruptions of the services available through the Platform may occur as normal events. You further understand and agree that Empower My Athlete has no control over third party networks you may access in the course of the use of the Platform and, therefore, that Empower My Athlete shall not be liable for any delays or disruptions caused by such network transmissions.
• Empower My Athlete may, from time to time, need to interrupt the Platform for maintenance and other operational reasons, as determined in its sole discretion. You shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless the Empower My Athlete and its Affiliates from and against any and all claims, costs (including without limitation attorneys’ fees), injuries, losses, or damages arising in connection with such interruptions.

3. REGISTRATION DATA AND PRIVACY

• In order to access some of the services on the Platform, you may require a separate account and password, a single sign-on-eligible account, or other authentication information (your “Credentials”) that can be obtained by completing the online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
• Our collection, use, and sharing of information Empower My Athlete obtains about you through your use of the Platform, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
• Empower My Athlete takes reasonable measures to protect the confidentiality, integrity, and availability of information it obtains about you, but cannot guarantee the security of any information transmitted to or from any user over the Internet, including through the use of e-mail. 

4. FEES

• Fees for the various services on the Platform are set out in the membership and service fees described elsewhere in this Platform. If you subscribe to a service on the Platform that requires payment of a fee, you agree to provide Empower My Athlete with accurate and complete billing information, including valid credit card information, your name, address and telephone number; to provide us with any changes in such information within 10 days of the change; and to promptly pay all fees and taxes associated with such service. For all charges for services on the Platform, Empower My Athlete will bill the credit card on file for your account. Recurring charges are billed in advance of service. If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that Empower My Athlete may, at its option, suspend or terminate your subscription and access to the Platform and require you to pay the overdue amount by other means acceptable to Empower My Athlete. Empower My Athlete may charge a fee for reinstatement of suspended or terminated accounts.
• You agree that, until your subscription to the Platform is terminated, if applicable, you will continue to accrue charges for which you remain responsible according to the then-current pricing information, regardless of your activity or inactivity on the Platform.
• Any payment disputes or claims must be submitted to Empower My Athlete within thirty (30) days of your discovery of the facts giving rise to such dispute or claim; otherwise, you shall be deemed to have expressly accepted to be responsible for such payments.
• In the event legal action is necessary to collect on balances due, you agree to reimburse Empower My Athlete for all expenses incurred to recover sums due, including reasonable attorney fees and other legal expenses.
• You shall immediately notify Empower My Athlete if (1) a Professional provides Professional Services to you, (2) a Professional bills you for services, or (3) you pay a professional for services.
• REmpower My Athlete makes electronic gift cards (“Gift Cards”) available through a third-party service provider that may be redeemed in exchange for access to Professional Services. Gift Cards are not returnable or refundable for cash except in states where required by law and have no implied warranties. Resale of Gift Cards is strictly prohibited. Gift Cards may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts). The use of Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Empower My Athlete or any of its Affiliates is prohibited. Lost or stolen Gift Cards (or their activation codes) will not be replaced. Empower My Athlete reserves the right to deactivate or reject Gift Cards that Empower My Athlete reasonably believes (in its sole discretion) have been procured or used in violation of these Terms of Use except where prohibited by law.
• This Section 4 (fees) shall survive the termination or expiration of this Terms of Use.

5. YOUR CONDUCT ON SITE

• Subject to these Terms of Use, Empower My Athlete grants you a limited, non-exclusive, terminable, non-transferable right to access and use the Platform. All rights not expressly granted pursuant to the Terms of Use are reserved to Empower My Athlete, and all uses of the Platform not expressly permitted hereunder are strictly prohibited.
• You are solely responsible for complying with all applicable laws and for the contents of your communications through the Platform. By posting, entering, delivering or acknowledging the accuracy of information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Platform (“User Content”), you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
5. Impersonates any person or entity, including any of our employees or representatives.
6. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

• You further agree that you will not:

1. Restrict or inhibit any other registered user from using and enjoying the Platform;
2. Harvest or otherwise collect information about others, including email addresses;
3. Systematically download or create distribution “libraries” of any of the Platform’s content;
4. Obtain or attempt to obtain any content or information regarding users of the Platform through any means not intentionally made available through the Platform;
5. Attempt to gain unauthorized access or exceed authorized access to any part of the Platform, other accounts, computer systems or networks connected to any Empower My Athlete server or to any part of the Platform, through hacking, password mining or any other means;
6. Transfer, sell, rent, display, or exhibit any of the Platform’s content to any third party who is not a registered user of the Platform;
7. Disassemble, decompile, or reverse engineer the software used to provide the Platform, or use a robot, spider, or any similar device to copy or catalog the Platform’s content or any portion thereof;
8. Use the Platform in any manner that could damage, disable, overburden, or impair any Empower My Athlete server or other property, or any network(s) connected to any Empower My Athlete server;

• Empower My Athlete neither endorses nor assumes any liability for the contents of any User Content by you, any professional, or any third party. Empower My Athlete does not pre-screen, monitor, or edit any User Content that may be available on or through the Platform. However, Empower My Athlete and its agents have the right (but not the obligation) at their sole discretion to remove any User Content that, in their judgment, does not comply with these Terms of Use and any other rules of user conduct for the Platform, or is otherwise harmful, objectionable, or inaccurate, as determined in Empower My Athlete’s sole discretion. Empower My Athlete is not responsible for any failure or delay in removing such User Content. You hereby consent to such removal and waive any claim against Empower My Athlete and Affiliates arising out of such removal of content. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
• In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access (or exceed authorized access) to another network or server. Not all areas of the Platform may be available to you or other authorized users of the Platform. You shall not interfere with anyone else’s use and enjoyment of the Platform or other similar services. Users who violate systems or network security may incur criminal or civil liability
• You agree that Empower My Athlete may at any time, and at Empower My Athlete’s sole discretion, terminate your membership or use of the Platform without prior notice to you for violating any of the above provisions. In addition, you acknowledge that Empower My Athlete will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
• Empower My Athlete may take steps to backup data. However, because the success of this process depends on equipment, software and services over which Empower My Athlete has limited control, you agree that Empower My Athlete has no responsibility or liability for the deletion or failure to store any data or other content you provided to the Platform or Empower My Athlete. You acknowledge that Empower My Athlete may have set no fixed upper limit on the number of transmissions you may send or receive through the Platform or the amount of storage space used; however, Empower My Athlete retains the right, at its sole discretion, to create limits at any time with or without notice.
• This Section 5 (your conduct on site) shall survive the termination or expiration of this Terms of Use.

6. THIRD PARTY SITES AND INFORMATION

• The Platform may link you to other sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Empower My Athlete’s control, and you acknowledge that Empower My Athlete and Affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are Empower My Athlete and Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Empower My Athlete, or any warranty of any kind, either express or implied. 
• Your use of any such third-party sites is at your own risk.
• Although Empower My Athlete is under no obligation to do so, Empower My Athlete reserves the right to disable Platform links to or from third-party web sites. This right to disable links includes links to or from advertisers, sponsors, and partners.
• This Section 6 (third party sites and information) shall survive the termination or expiration of this Terms of Use.

7. EMPOWER MY ATHLETE INTELLECTUAL PROPERTY RIGHTS

• For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Platform. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Empower My Athlete LLC, a Tennessee Limited Liability Company, and/or its Affiliates. You are only permitted to use the content as expressly authorized by Empower My Athlete or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Platform in any form or by any means, and may not sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Platform, or use of or access to the Platform, without prior written permission from Empower My Athlete or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. Any unauthorized use of the materials appearing on the Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. By using the Platform as permitted hereunder, you do not gain any ownership interest in the Platform.
• Neither Empower My Athlete nor its Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Platform will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. 
• The following are registered trademarks and service marks, and other trademarks or service marks of Empower My Athlete LLC, a Tennessee Limited Liability Company or its Affiliates: “Empower My Athlete”. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Empower My Athlete LLC, a Tennessee Limited Liability Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Empower My Athlete LLC, a Tennessee Limited Liability Company or its Affiliates.
• This Section 7 (intellectual property information) shall survive the termination or expiration of this Terms of Use.

8. OTHER INTELLECTUAL PROPERTY RIGHTS

• Subject to Empower My Athlete’s Privacy Policy, any User Content that you transmit to the Platform or to Empower My Athlete, whether by electronic mail or other means, for any reason, will be treated as nonconfidential and nonproprietary. While you retain all ownership rights in such User Content, you grant Empower My Athlete, Affiliates, and their designated licensees a nonexclusive, paid-up, perpetual, transferable and worldwide right to copy, transmit, sell, sublicense, distribute, display, perform, publish, translate, adapt, modify, create derivative works or compilations therefrom for commercial or other purposes, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. You acknowledge and agree that you will not contest the validity of such license, nor claim any remuneration or compensation as a result of Empower My Athlete’s re-use or re-marketing of your User Content.
• Please do not submit confidential or proprietary information to Empower My Athlete unless we have mutually agreed in writing otherwise. Empower My Athlete is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Platform, including the Empower My Athlete websites, applications and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Platform. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. 
• Empower My Athlete respects the intellectual property of others and asks you to do the same. If you or any user of the Platform believes its copyright, trademark or other property rights have been infringed by a posting on the Platform, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and 
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

• Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), Empower My Athlete’s Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement: Danny Cavic at [email protected] and [email protected]. 
• You acknowledge and agree that, upon receipt of a notice of a claim of copyright infringement, Empower My Athlete may immediately remove the identified materials from the Platform without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
• This Section 8 (user’s materials) shall survive the termination or expiration of this Terms of Use.

1. DISCLAIMER OF WARRANTIES

• ALL MATERIALS AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE PLATFORM, SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM, SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE PLATFORM FROM COMPANY OR ITS AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
• THE PLATFORM MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THE PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME. THE MATERIALS OR SERVICES AT THE PLATFORM MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
• THE USE OF THE PLATFORM, SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, OR LOSS OF BUSINESS, BUSINESS PROFITS, OR OTHER RELATED DAMAGES THAT RESULT FROM SUCH ACTIVITIES. 
• THROUGH YOUR USE OF THE PLATFORM, YOU MAY HAVE THE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS, PROFESSIONALS, AND VENDORS. YOU ACKNOWLEDGE THAT ALL SUCH TRANSACTIONS ARE AGREED TO SOLELY BETWEEN YOU AND SUCH OTHER USERS, PROFESSIONALS AND VENDORS. COMPANY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, PROFESSIONAL SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY, PROFESSIONAL, OR USER IS PROVIDED SOLELY BY SUCH THIRD PARTY, PROFESSIONAL, OR USER, AND NOT BY COMPANY OR ANY OTHER OF ITS AFFILIATES.
• CONTENT AVAILABLE THROUGH THE PLATFORM OFTEN REPRESENTS THE OPINIONS AND JUDGMENTS OF AN INFORMATION PROVIDER, PLATFORM USER, PROFESSIONAL, OR OTHER PERSON OR ENTITY NOT CONNECTED WITH COMPANY OR ITS AFFILIATES. COMPANY DOES NOT ENDORSE, NOR IS COMPANY OR ITS AFFILIATES RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE OTHER THAN AN AUTHORIZED COMPANY SPOKESPERSON SPEAKING IN HIS/HER OFFICIAL CAPACITY.
• COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATED TO ANY PROFESSIONALS OR ANY PROFESSIONAL SERVICES. YOUR DEALINGS WITH ANY PROFESSIONALS AND RECEIPT OF ANY PROFESSIONAL SERVICES VIA THE PLATFORM IS AT YOUR OWN RISK. 
• EXCEPT INSOFAR AS IT CONNECTS USERS WITH PROFESSIONALS OR OTHER THIRD PARTIES, COMPANY DOES NOT PROVIDE PROFESSIONAL SERVICES OF ANY KIND WHATSOEVER.
• SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
• This Section 9 (disclaimer of warranties) shall survive the termination or expiration of this Terms of Use.

1. LIMITATION OF LIABILITY AND RELEASE

• Your exclusive remedy and Empower My Athlete’s entire liability, if any, for any claims arising out of these Terms of Use and your use of the Platform shall be limited to the amount you paid Empower My Athlete for the services on the Platform, if any, during the 3-month period before the act giving rise to the liability.
• IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, ECONOMIC ADVANTAGE, OR LOSS OF BUSINESS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY WEB PLATFORM REFERENCED OR LINKED TO FROM THE PLATFORM.
• FURTHER, COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR PROFESSIONAL OR THIRD-PARTY GOODS AND SERVICES (INCLUDING, WITHOUT LIMITATION, PROFESSIONAL SERVICES) OFFERED THROUGH THE PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS AND/OR THE PROFESSIONAL SERVICES.
• SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
• YOU SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL AGREEMENTS YOU ENTER INTO WITH A PROFESSIONAL, AND COMPANY SHALL IN NO MANNER WHATSOEVER BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY FOR ANY SUCH AGREEMENTS, DEALINGS, PAYMENTS AND/OR NON-PAYMENTS BETWEEN YOU AND ANY PROFESSIONAL, INCLUDING, WITHOUT LIMITATION, LATE PAYMENTS, BOUNCED CHECKS, REFUNDS, AND/OR ANY OTHER MATTERS OF ANY KIND RELATED THERETO. ANY AGREEMENT OR DEALINGS YOU ENTER INTO WITH A PROFESSIONAL IS AT YOUR OWN RISK.
• YOU RELEASE AND WAIVE ALL CLAIMS (KNOWN AND UNKNOWN) AND ALL AVAILABLE RIGHTS UNDER ANY APPLICABLE STATUTE OR COMMON LAW PRINCIPLE AGAINST COMPANY AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF YOUR USE OF THE PLATFORM AND DEALINGS WITH ANY PROFESSIONAL, INCLUDING, WITHOUT LIMITATION YOUR RECEIPT OF PROFESSIONAL SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS RELEASE COVERS ALL SUCH CLAIMS AND RIGHTS REGARDLESS OF THE NEGLIGENCE OF THE COMPANY OR ITS AFFILIATES. TENNESSEE CIVIL CODE SECTION 1542 PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.YOU EXPRESSLY WAIVE TENNESSEE CIVIL CODE SECTION 1542 AND ANY SIMILAR FEDERAL, STATE AND LOCAL LAWS. 
• This Section 10 (limitation of liability) shall survive the termination or expiration of this Terms of Use.

1. INDEMNIFICATION

• You agree to defend, indemnify, and hold Empower My Athlete and its Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from and/or are related to (a) your use or misuse of the Platform, (b) your violation of any of the provisions of this Terms of Use, including, without limitation, any of your representations and warranties hereunder, (c) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, and (d) your breach of any agreement with any Professional, including without limitation, the payment of fees for Professional Services.
• This Section 11 (indemnification) shall survive the termination or expiration of this Terms of Use.

1. SECURITY AND PASSWORD

• You are solely responsible for maintaining the confidentiality of your Credentials and for any and all statements made and acts or omissions that occur through the use of your Credentials, including any mail sent and any charges incurred. Empower My Athlete personnel will never ask you for your password. You may not transfer or share your Credentials to or with anyone, and Empower My Athlete reserves the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. 
• The security of your information also depends upon your selection and protection of Credentials. You agree that you will not reuse passwords on the Platform that have been used for similar purposes with any other product or service provider, that you will take reasonable measures to protect your Credentials from unauthorized access, that you will promptly change your Credentials if you know or should reasonably know that they have been compromised, and that you will promptly inform Empower My Athlete of any known or suspected attempts to access your account without your authorization.

1. TERMINATION OF USE

• You agree that Empower My Athlete may, in its sole discretion, terminate or suspend your access to all or part of the Platform with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
• Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Platform immediately ceases, and you acknowledge and agree that Empower My Athlete may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Empower My Athlete and its Affiliates shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Empower My Athlete in connection therewith. 

1. GOVERNING LAW; WAIVER OF JURY TRIAL; AND ARBITRATION

• • The Platform (excluding any linked sites) is controlled by Empower My Athlete from its offices within the State of Tennessee, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Tennessee, by accessing the Platform both of us agree that the statutes and laws of the State of Tennessee, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Platform and services available through the Platform. If any matter is required to be brought before a court of competent jurisdiction, then such matter shall be brought before the courts of the Superior Court of Tennessee, County of Davidson, or the United States District Court, Central District of Tennessee. 
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COMPANY EACH WAIVE THE RIGHT TO TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE.
  • TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

• INSTEAD OF SUING IN COURT, WE EACH AGREE TO ARBITRATE DISPUTES. We each agree to arbitrate all Disputes between us, on an individual basis, not on a class-wide or consolidated basis. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there’s no judge or jury. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms of Use and can award damages and relief, including any attorneys’ fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:

• “Disputes” are any claims or controversies against each other related in any way to or arising out of in any way the Platform, the Terms of Use, Professionals, or Professional Services, including, but not limited to, coverage, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if it arises after your use of the Platform has terminated. Disputes include claims that you bring against Empower My Athlete’s employees, agents, Affiliates, or other representatives or that Empower My Athlete brings against you. It also includes but is not limited to claims related in any way to or arising out of in any way any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

• If either of us wants to initiate a claim to arbitrate a Dispute, we each agree to send written notice to the other providing a description of the dispute, a description of previous efforts to resolve the dispute, all relevant documents and supporting information, and the proposed resolution. We each agree to make attempts to resolve the dispute prior to filing a claim for arbitration. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we each may submit the dispute to formal arbitration.

• The FAA applies to this Terms of Use and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a dispute is subject to arbitration.

• Unless we each agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in Davidson County, Tennessee. 

• The arbitration will be governed and conducted by (a) a neutral third-party arbitrator selected by each of us and based upon rules mutually agreed to by each of us or (b) JAMS. The JAMS rules, including rules about the selection of an arbitrator, filing, administration, discovery, and arbitrator fees, will be conducted under JAMS Comprehensive Arbitration Rules & Procedures. The JAMS rules are available on its Web site at www.jamsadr.com. To the extent that this “Dispute Resolution” section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’s rules or minimum standards for arbitration procedures in that regard will apply. However, nothing in this paragraph will require or allow us or you to arbitrate on a class-wide or consolidated basis.

• WE EACH AGREE THAT WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION ON A CLASS-WIDE OR CONSOLIDATED BASIS. We each agree that any arbitration will be solely between you and our Empower My Athlete (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.

• We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to arbitration. However, we will pay for the arbitration administrative or filing fees, including the arbitrator fees. Otherwise, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness regarding costs and payment apply.

• Notwithstanding the foregoing, this arbitration provision shall not apply to Empower My Athlete’s efforts to obtain an injunction or other equitable relief against you.

• Any cause of action brought by you against Empower My Athlete or its Affiliates must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
• This Section 14 (governing law and waiver of jury trial) shall survive the termination or expiration of this Terms of Use.

1. NOTICES

• All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to Empower My Athlete must be sent to the attention of Danny Cavic at [email protected] and [email protected], if by email, or at PO BOX 581, Madison, TN 37115, if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, Empower My Athlete may broadcast notices or messages through the Platform to inform you of changes to the Platform or other matters of importance, and such broadcasts shall constitute notice to you.
• Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

1. ENTIRE AGREEMENT

• These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. 
• These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. 
• To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

• NO RELATIONSHIP WITH COMPANY AND YOUR REPRESENTATIONS AND WARRANTIES

• Nothing contained herein nor your use of the Platform shall be construed as creating an employer/employee relationship, independent contractor relationship, partnership, joint venture, or other business group or concerted action. To the contrary, you are merely a user of the Platform at Empower My Athlete’s discretion.
• In addition, you hereby make the following representations and warranties to Empower My Athlete and its Affiliates as of the date of you first use the Platform, as well as at all times thereafter (as if restated herein) that you use and/or subscribe to the Platform and/or receive Professional Services from a Professional:

1. All Professional Services to be provided to you by a Professional shall be performed via the Platform. You shall not circumvent the use of the Platform to solicit any Professional for the receipt of Professional Services outside the Platform.
2. You will only provide and upload information to the Platform that is accurate, true, current and complete, and you shall maintain, as current, such information at all times. 
3. You represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in using the Platform and providing User Content to the Platform, and you acknowledge and agree that COMPANY HAS NO RESPONSIBILITY WHATSOEVER REGARDING WHETHER YOUR USE OF THE PLATFORM AND POSTING COMPLIES WITH APPLICABLE LAW. 

• This Section 17 (no relationship with company and your representations and warranties) shall survive the termination or expiration of this Terms of Use.

1. MISCELLANEOUS

• You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so shall be null and void. Empower My Athlete may freely assign its rights and obligations under these Terms of Use.
• In addition to any excuse provided by applicable law, Empower My Athlete shall be excused from liability for nondelivery or delay in delivery of products and services available through the Platform arising from any event beyond Empower My Athlete’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Empower My Athlete’s reasonable control, whether or not similar to those which are enumerated above.
• If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
• Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.