TERMS OF SERVICE
THIS WEBSITE IS OPERATED BY CROSSFIT, LLC. THROUGHOUT THE SITE, THE TERMS “CROSSFIT”, “COMPANY”, “WE” OR “US” REFER TO CROSSFIT, LLC AND ITS SUBSIDIARIES. CROSSFIT, LLC OFFERS THIS WEBSITE, INCLUDING ALL INFORMATION, PRODUCTS, TOOLS, AND SERVICES AVAILABLE FROM THIS SITE (COLLECTIVELY, THE “SERVICE”) TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES, AND NOTICES STATED HERE (THE “TERMS OF SERVICE,” OR “TERMS”).
THIS TERMS OF SERVICE POLICY DESCRIBES CROSSFIT, LLC’S RULES FOR USING THIS WEBSITE. THE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN THE INDIVIDUAL USING THIS WEBSITE AND CROSSFIT, LLC. IF YOU ARE ASSISTING ANOTHER PERSON WITH THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. BY VISITING OUR SITE AND/OR PURCHASING SOMETHING FROM US, YOU ENGAGE IN OUR SERVICE AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. THE TERMS OF SERVICE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS AND/OR CONTRIBUTORS OF CONTENT.
PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICE. IF THE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE FOLLOWING TERMS. ANY SOFTWARE PROVIDED IN CONNECTION WITH THE SERVICES, IS BEING LICENSED AND NOT SOLD TO YOU.
BY ACCEPTING THE TERMS OF SERVICE, YOU REPRESENT AND WARRANT THAT ANY AND ALL INFORMATION YOU PROVIDE US THROUGH THE SERVICES IS TRUE, ACCURATE AND COMPLETE. THE PROVISION OF FALSE OR FRAUDULENT INFORMATION IS STRICTLY PROHIBITED.
ANY NEW FEATURES, TOOLS, PRODUCTS, OR SERVICES WHICH ARE ADDED TO THE CURRENT WEBSITE SHALL ALSO BE SUBJECT TO THE TERMS OF SERVICE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME ON THIS PAGE. WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THE TERMS OF SERVICE BY POSTING UPDATES AND/OR CHANGES TO THE WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF, OR ACCES TO, THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
[E-COMMERCE PLATFORM IDENTIFYING STATEMENT]
1. General
We reserve the right to refuse service to anyone for any reason at any time. You understand that
your content may be transferred unencrypted and involve (a) transmissions over various
networks and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit a portion of the Service, use of
the Service, or access to the Service, or any contact on the website through which the Service is
provided, without express written permission by us.
The headings used in the Terms of Service are included for convenience only and will not limit
or otherwise affect the Terms of Service.
Any order form or purchase order submitted by you is governed by the Terms of Service and is
subject thereto.
2. Online Store Terms
By agreeing to the Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, or that you are the age of majority in your state or province
of residence, and that you have given us your consent to allow any of your minor dependents to
use this site.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit
or cancel quantities purchased per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event that we make a change to, or
cancel, an order we may attempt to notify you via the contact information provided at the time
the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all
purchases made from our website. You agree to promptly update your account and other
information, including your email address and credit card numbers and expiration dates, so that
we can complete your transaction(s) and contact you as needed.
You may not: (i) use our website or Service for purposes other than the purposes for which it is
intended as defined in the Terms of Service; (ii); rent, lease, lend, sell, sublicense, assign,
distribute, or transfer in whole or in part the right to use our website or Service, or any part
thereof; (iii) bypass or breach any security device or protection present on our website; (iv) input,
upload, transmit, or otherwise provide to or through our website or Service, any information or
materials that are unlawful or injurious, or that contain, transmit, or activate any harmful code
(including but not limited any worms or viruses); (v) use our website or Services in any illegal
manner or in any way that infringes the right of any third party.
A breach or violation of any of the Terms of Service may result in an immediate termination of
your right to any part of our Service.
You will be solely responsible to obtain the authorizations, licenses and consents, if and as
required by any applicable law, to make any of our Service available to a third party.
Specific Terms for Purchases of Programming Services
For purchases of programming services, you will be charged on a recurring month-to-month
basis commencing on the day of purchase (the “Billing Day”), unless otherwise cancelled in
accordance with the provisions of this Section 2. For example, if you initially purchase
programming services on the 2nd of the month, you will be charged a recurring fee on the 2nd of
every subsequent month. In the event that a month does not have the Billing Day, you will be
charged on the last day of said month.
You may terminate the recurring monthly charge, without penalty or fee, on the ‘Subscriptions’
page of the Affiliate Toolkit located at https://affiliate.crossfit.com/tools/programming. Should
you cancel your recurring monthly charge, you will retain access to our programming services
for the remainder of your billing cycle. For example, if your Billing Day is the 2nd of the month,
and you cancel on the 15th of the month, you will retain access to our programming services until
the 1st of the following month.
No refunds shall be made for services purchased, except as granted by CrossFit, LLC on a case-
by-case basis, at CrossFit, LLC’s sole and absolute discretion. No hold options shall be available
for services purchased.
3. Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change,
suspension, or discontinuance of any part of the Service.
4. Products or Service
Certain products or services may be available exclusively online through the website. These
products or services may have limited quantities.
We have made every effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer monitor’s display of
any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any
person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All
descriptions of products and services, or pricing of the same, are subject to change at any time
without notice, at our sole discretion. We reserve the right to discontinue any product or service
at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any product, service, information, or other material
purchased or obtained by you from us will meet your expectations, or that any errors in the
Service will be corrected.
5. Tax
Our fees are exclusive of any taxes, levies, duties or similar governmental assessments of any
nature, other charges, domestic or foreign imposed by any federal, state, or local tax authority
with respect thereto including, for example, value-added, sales, use or withholding taxes,
assessable by any jurisdiction whatsoever (collectively, “Tax” or “Taxes”). You are responsible
for paying all Taxes associated with your purchases hereunder. If we have the legal obligation to
pay or collect Taxes for which you are responsible pursuant to the Terms of Services, we will
invoice you and you will pay that amount unless you provide us with a valid tax exemption
certificate authorized by the appropriate taxing authority. To the extent you are required by law
to withhold income-based taxes based upon the fees hereunder, you will deduct such tax from the
fees payable to us and remit them to the appropriate government authorities; provided that you
send us a receipt showing the payment of such Tax and provide us with reasonable support, and
with sufficient evidence, to enable us to obtain any credits available to it. For clarity, we are
solely responsible for Taxes assessable against us based on our income, property and employees.
6. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any
control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available”
without any warranties, representations, or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from, or relating to, your use of optional third-party
tools.
Any use by you of optional tools offered through our website is entirely at your own risk and
discretion, and you should ensure that you are familiar with and approve of the terms on which
such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the
release of new optional tools and resources). Such new features and/or services shall also be
subject to the Terms of Service.
7. Third-Party Links
Certain content, products, and services available via our website may include materials from
third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy thereof, and we do
not warrant and will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transaction made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
8. User Comments, Feedback, and other Submissions
If, at our request, you send certain specific submissions (for example contest entries), or without
a request from us you send creative ideas, suggestions, proposals, plans or other materials,
whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that
we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium, any comments that you forward to us. We are and shall be under no
obligation to: (1) maintain any comments in confidence; (2) pay compensation for any
comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine, in our
sole discretion to be unlawful, offensive, threatening, libelous, defamatory, or pornographic,
obscene or otherwise objectionable or violates any party’s intellectual property or the Terms of
Service.
You agree that your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that
your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or
contain any computer virus or other malware that could in any way affect the operation of the
Service or any related website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any third-party.
9. Personal Information
Your submission of personal information through the store is governed by our [Privacy Policy].
To view our Privacy Policy, please click here .
10. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site, or in the Service, that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update information or cancel orders if
any information on the website, or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information on the website, or on any
related website, including without limitation, pricing information, except as required by the law.
No specified update or refresh date applied on the website, or on any related website, should be
taken to indicate that all information on the website, or on any related website has been modified
or updated.
11. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from
using our website or its contents: (1) for any unlawful purpose; (2) to solicit others to perform or
participate in any unlawful acts; (3) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading
information; (7) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet generally; (8) to collect or track the personal
information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any
obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet generally.
12. Intellectual Property Ownership
CrossFit, LLC owns all information, data, programming, documents, including all intellectual
property rights associated with the Services.
We reserve the right to terminate your use of the Service or any related website for violating any
of the prohibited uses.
13. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted,
timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be
accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or
cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The
Service and all products and services delivered to you through the Service are (except as
expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any
representations, warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case shall CrossFit, LLC, its directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including,
without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the Service or any products procured using the
Service, or for any other claim related in any way to your use of the Service or any product,
including, but not limited to, any errors or omissions in any content, or any loss or damage of
any kind incurred as a result of the use of the Service or any content (or product) posted,
transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our liability shall be limited
to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless CrossFit, LLC and its parent(s), subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including
(i) reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the
Terms of Service or the documents they incorporate by reference, or your violation of any law or
the rights of a third-party and (ii) any and all unpaid or otherwise delinquent taxes, payments,
fees, and other obligations, including penalties and interests.
15. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive
the termination of the Terms of Service for all purposes. The Terms of Service are effective
unless and until terminated by either you or us. Subject to the provisions of Section 2 relating to
the purchase of programming services, you may terminate the Terms of Service at any time by
notifying us that you no longer wish to use our Service, or when you cease using our site. If in
our sole judgment you fail, or we suspect that you have failed, to comply with any term or
provision of the Terms of Service, we also may terminate the Terms of Service at any time
without notice and you will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or any part thereof).
16. Confidentiality
For the purpose of the Terms of Service, “Confidential Information” means any non-public
information disclosed by a Party (“Disclosing Party”) to the other Party (“Receiving Party”), that
is designated in writing as confidential or if disclosed orally – is reduced to writing and titled as
“confidential” within 15 days following the disclosure and sharing with the Receiving Party.
Confidential Information shall include, but is not limited to, technological information such as
know-how, software, data, programs, inventions, ideas, processes, formulas, developments,
designs, materials, business information such as marketing and selling, budgets, prices and costs,
information about the Disclosing Party’s employees, Affiliates, suppliers and customers, and
trade secrets. Confidential Information does not include information that is: (i) public knowledge at the time of disclosure or thereafter becomes generally known other than through an act of
breach or negligence by the Receiving Party; (ii) already known by the Receiving Party prior to
its receipt from the Disclosing Party; (iii) independently developed at any time by the Receiving
Party without use of or reference to Confidential Information; (iv) rightfully obtained by the
Receiving Party from other unrestricted sources.
All Confidential Information delivered, made available or otherwise acquired pursuant to the
Terms of Service shall (i) not be copied, distributed, disseminated or made available in any way
or form by Receiving Party without the prior written consent of the Disclosing Party; (ii) be
maintained in strict confidence using the same degree of care that the Receiving Party takes to
protect its own confidential information, but in no event less than reasonable care; (iii) may only
be disclosed to those employees, contractors and/or service providers of Receiving Party who
have a need to know in connection with purposes consistent with the Terms of Service, and who
are bound by a written obligation of confidentiality no less restrictive as those set forth herein;
and (iv) shall not be used by Receiving Party for any purpose, without the prior written consent
of the Disclosing Party. For the avoidance of doubt, Confidential Information including personal
information collected through the use of the Service shall be used, collected, retained, processed
and deleted in accordance with this Section 16.
If the Receiving Party is compelled by law to disclose any Confidential Information then, to the
extent permitted by applicable law, the Receiving Party shall (i) promptly, and prior to such
disclosure, notify the Disclosing Party in writing of such requirement so that the Disclosing Party
can seek a protective order; and (ii) provide reasonable assistance to the Disclosing Party, at the
Disclosing Party’s sole cost and expense, in opposing such disclosure or seeking a protective
order or other limitations on disclosure.
The provisions of this Section 16 shall survive the natural expiration or termination of the Terms
of Service for any reason for a period of three (3) years.
17. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at our website.
We reserve the right, at our sole discretion, to update, change, or replace any part of the Terms of
Service by posting updates and changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of, or access to, our website or the Service
following the posting of any changes to the Terms of Service constitute acceptance of those
changes.
18. Severability
In the event that any provision of the Terms of Service is determined to be unlawful, void, or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of
Service, such determination shall not affect the validity and enforceability of any other remaining
provisions.
19. Governing Law and Forum Selection
The Terms of Service shall be governed by and construed under the laws of the State of
California, notwithstanding its conflict of law provisions. Any action or proceeding brought to
enforce the Terms of Service or adjudicate any dispute arising out of the Terms of Service shall
be exclusively brought in the United States District Court, Southern District of California within
the County of San Diego, State of California. The parties will not raise in connection therewith,
and hereby waive, any defenses based upon the 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 to enforce the terms of the Terms of Service or adjudicate any dispute arising out
of the Terms of Service.
20. Entire Agreement
The Terms of Service and all documents they incorporate by reference, as well as any policies or
operating rules posted by us on our website or in respect of the Terms of Service, constitute the
entire agreement between you and us and govern your use of the Service, superseding any prior
or contemporaneous agreements, communications and proposals, whether oral or written,
between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of the Terms of Service shall not be construed against the
drafting party.