NEXT ATHLETE

Account Login

 
HOME   ABOUT NEXT ATHLETE   FEATURES & PRICING   SAMPLES   TRY IT FOR FREE
   
Next Athlete makes it easy for everyone....  
 Welcome to Next Athlete, a perfect tool for athletes who are ready to  bring their game to the next level.
 
  TRY NEXT ATHLETE FREE!
Next Athlete Terms of Use

GL Enterprises/NextAthlete.com General Terms and Conditions of Service

 

BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OFFERED BY GL ENTERPRISES ON NEXTATHLETE.COM YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS REQUIRE MANDATORY ARBITATION OF DISPUTES. Please carefully read these terms and conditions as they describe your legal rights and obligations. This agreement shall become come effective as of the date of (1) your electronic signature on or acceptance of this agreement, (2) the activation of your account or (3) your receipt of an e-mail from GL Enter confirming your order, whichever happens first.

 

DEFINITIONS

 

A. "GL," "NA," "us," "we, "our" and grammatical variants thereof shall collectively refer to GL Enterprises, a business organized and existing under the laws of the State of California located at 8442 Blackburn Avenue #4, Los Angeles, CA, and its assigns and successors in interest.

 

B. "NA Services" shall mean the products and services provided by GL at any given time, including but not limited to web hosting, e-mail, domain registration, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in GL's sole discretion.

 

C. "Customer Service" shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.

 

D. "Fee" shall mean monies and other consideration you are obligated to pay to GL for the right to use the NA Services and Bandwidth subject to the terms and conditions of this Agreement and of the particular NA Services for which you have registered, as outlined on the then-current schedule of fees. Fees may be changed at any time on thirty days notice.

 

E. "Parties" shall collectively refer to GL and you.

 

F. "Suspend" or "Suspension" shall include the disabling of your domain name and the cessation of transmission of data to or from Your Web Site or via Your Services.

 

G. "Technical Support" shall refer to communications from us to you dealing with problems or questions relating to technical matters involving software or services provided by us to you.

 

H. "Web Site Space" shall mean a quantity of computer memory allocation, as outlined in the program description for Your Services, generally located on one or more computer storage devices and measured in units of megabytes (MBs) wherein data comprising Your Web Site is stored and is accessible by GL web server equipment.

 

I. "You", "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.

 

J. "Your Services" shall mean the specific NA Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for that pursuant to the current Fee Schedule.

 

DESCRIPTION

 

Subject to and conditioned upon GL's retained rights and all other terms and conditions set forth in this Agreement, GL offers the NA Services as soon as practicable after registration for and payment of any and all fees due. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify GL of any unauthorized uses of the account or any other breaches of security. GL cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will GL be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The NA Services are subject to the following conditions and restrictions:

 

Web Hosting Services

 

A. GL shall provide to you a non-exclusive and limited license to use the amount of Web Site Space allocated to Your Services for your non-exclusive use for the exclusive purpose of storing Your Web Site data and disseminating said data via the Internet through the use of GL's Equipment for purposes consistent with this Agreement.

 

B. GL, either directly or through its assignee or licensee, shall provide Customer Service relating to Your Web Site consisting of replying to customer questions or complaints regarding services provided by us to you relating to Your Web Site. GL is not obligated to provide any Customer Service except as specified in this Section 2. Any and all requests for additional Customer Service may be refused by GL with or without reason. Any additional Customer Service which GL may subsequently agree to provide to you shall be at GL's sole discretion and once commenced, may be terminated at any time by GL without notice to you and without any liability to GL. Notwithstanding the foregoing, GL at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to Your Web Site pursuant to this Agreement without any liability to GL.

 

C. GL, either directly or through its assignee or licensee, shall provide Technical Support relating to Your Web Site consisting of replying to communications from and to end users dealing with problems or questions relating to technical matters involving software or services provided by us to you. While GL is not obligated to provide any Technical Support except as specified in this Section 2, you may contact us to request additional Technical Support on a fee for service basis to be arranged between GL and you. Any and all requests for additional Technical Support may be refused by GL with or without reason, in its sole discretion. Any additional Technical Support which GL may subsequently agree to provide to you shall be at GL's sole discretion and once commenced, may be terminated at any time by GL without notice to you and without any liability to GL. Notwithstanding the foregoing, GL at its sole discretion may at any time alter or cease providing the Technical Support which it has agreed to provide to you relating to Your Web Site pursuant to this Agreement without any liability to GL.

 

D. All use of Web Site Space and provision of services to you by GL shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or GL's services by entering into multiple agreements.

 

E. GL may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, and take any other actions it deems necessary, in its sole discretion, to comply with the relevant laws if it is informed or otherwise believes, in its sole discretion, that your domain name violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 4, 5, and 8, you waive any and all clams you may have, now and forever, against GL relating to the content, use, and operation of Your Web Site and agree to indemnify and hold harmless GL from and against any such claims.

 

Domain Name Registration

 

F. Should you choose to register a domain name through NA, GL will register a second level domain name on your behalf, provided such domain name is available for registration. GL acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those third-party registrars, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"). GL assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time.

 

G. You acknowledge and agree that GL or its agents, assignees or licensees may, upon registration of your domain name, associate any data of any kind, in GL's sole discretion, with the Domain Name registered in association with Your Web Site or any URL incorporating said Domain Name until you replace such data with the Web Site. This paragraph shall apply to any and all web pages generated by NA, whether in connection with HTML standard response codes or otherwise, including but not limited to 404 error pages.

 

H. You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this agreement, in particular the provisions of Section 7.

 

I. You shall inform GL of any claim or potential claim against your domain name, including but not limited to the initiation of a dispute under the UDRP, within five days of notification of same. You shall provide GL notice of any negotiations with third parties with respect to the ownership and/or intellectual property rights to your domain within five days of the commencement of such negotiations. Should you lose your right to use a domain name which is used in connection with the NA Services, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform GL immediately of the party to whom the domain name is to be transferred and you authorize GL to take any and all action necessary to effect such transfer.

 

J. GL may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, and take any other actions it deems necessary, in its sole discretion, to comply with the UDRP or relevant laws if it is informed or otherwise believes, in its sole discretion, that your domain name violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 4, 5, and 8, you waive any and all clams you may have, now and forever, against GL relating to the registration, use, and subsequent transfers of your domain name and agree to indemnify and hold harmless GL from and against any such claims.

 

FEES

 

A. Certain NA Services are subject to set-up, service, and domain service fees, pursuant to the Fee Schedule, and by registering for such NA Services you authorize GL to debit your credit card for any and all such fees.

 

B. GL agrees to host Your Web Site in exchange for your payment to GL of a monthly Fee for service in any given month, not later than the first of that month. In the event that GL determines that the services of a collection agency are necessary or appropriate to collect amounts due under this paragraph, which determination shall be made in GL's sole and unfettered discretion, any and all collection agency fees and other costs of collection shall be added to the amount due under this provision.

 

C. All Fees must be paid by major credit card or debit card in United States Dollars in advance of the provision of services. GL will charge the monthly fee and any additional fees to the credit card account provided by you upon registration unless specifically provided otherwise. You also agree that GL may automatically charge your credit card for any subsequent renewal term, additional services, and any related Fees or expenses applicable to Your Services or Your Website, including but not limited to fees for. If payment in full is not received by GL from your credit card issuer or its agents, you agree to pay all amounts due from you for Your Services upon demand by GL.

 

D. GL may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for Your Services. Any such promotions or modifications shall not effect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Promotional fees and special offers may not be combined.

 

E. Upon cancellation of this Agreement you will receive a prorated refund of any pre-paid, refundable fees for the remainder of any term. Fees for certain services, including but not limited to domain name registration and maintenance, set up fees and the prepaid fees for the 6 or 12 month packages, are not refundable unless provided otherwise by applicable local law. GL may, in its sole discretion, refund other amounts as it deems necessary or advisable.

 

NO WARRANTIES BY GL

 

THE NA SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. GL DOES NOT WARRANT THAT THE NA SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES GL MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE NA SERVICES. NO WARRANTY IS MADE BY GL REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND GL HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEB SITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GL DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE NA SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE OR ANY OTHER PERSON'S OR ENTITY'S WEB SITE OR WEB PAGE.

 

GL'S LIMITED LIABILITY

 

YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL GL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE NA SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, GL'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, GL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE NA SERVICES, AND GL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE GL FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF GL FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO GL IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED $150,000.

 

YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES

 

A. You agree and warrant that the contact information you have provided to GL is complete and accurate, and you further agree to notify GL within fifteen days of a change to any such contact information. Contact information includes your name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain, if any.

 

B. You agree and warrant that you will neither store on nor allow to be transmitted by GL's Equipment any data or other matter which constitutes, contains or links to child pornography or which involves depictions of nudity or sexuality by an age-inappropriate-looking performer (i.e. someone who looks younger than eighteen years of age, regardless of their actual age) or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age by virtue of the advertising, script, make-up, demeanor, costuming, setting, etc., or which could otherwise result from or cause harm to minors.

 

C. You agree and warrant that all data, pictures, videos and other matter you store on or allow to be transmitted by GL's Equipment shall be solely for business, entertainment and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.

 

D. You agree and warrant that all data, pictures, videos and other matter you store on or allow to be transmitted by GL's Equipment shall not violate any state or federal laws concerning obscenity and shall not contain any depictions of bestiality, incest, rape, sexual assault, actual physical violence, torture or disfigurement, or other content deemed objectionable by GL, in its sole discretion.

 

E. You agree that if, in GL's sole and exclusive judgment, GL concludes that Your Web Site displays, contains or links to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then GL may, without prior notice to you and in GL's sole and exclusive discretion, either remove and erase the material from Your Web Site, and/or disable public access to the material on Your Web Site, and/or cease hosting Your Web Site, without any liability of any kind to GL from either you or any third party.

 

F. You agree that in the event that GL is informed by any party that your domain name or any material on Your Web Site infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then GL may, without prior notice to you and in GL's sole and exclusive discretion, either remove the material from Your Web Site, and/or disable public access to your domain name or the material on Your Web Site, and/or terminate this Agreement, without any liability of any kind to GL from either you or any third party. As more completely set forth in Sections 5, 6 and 9, you waive any and all claims you may have, now and forever, against GL relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless GL from and against any such claims.

 

G. You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, all data which you store in Web Site Space or which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of the NA Services or GL's Equipment, including, without limitation, all pictures and videos, prior to and at all times during the time such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of the NA Services or GL's Equipment.

 

H. You agree and warrant that no data or other matter you store on or allow to be transmitted by GL's Equipment shall constitute or contain or link to material which is libelous, slanderous, defamatory, or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights. You agree not to collect the personally identifiable data of any person without that person's consent, records of which shall be maintained throughout the term of this Agreement and for three years afterward. If you collect this data through Your Web Site you shall do so only pursuant to a posted privacy policy disclosing any and all uses of such identifiable data and in compliance with applicable law.

 

I. You agree and warrant that no data or other matter you store on or allow to be transmitted by GL's Equipment shall contain or link to any material which is harmful, violent, threatening, abusive or hateful.

 

J. You agree and warrant that any and all material(s) of every kind which you store in Web Site Space or transmit using NA's Services or Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the GL Equipment or Web Site or another customer's Web Site without authorization.

 

K. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the NA Services or GL's Equipment.

 

L. You shall at all times use Web Site Space exclusively as a conventional Web Site. All use of Web Site Space and NA's Services and Equipment shall at all times be in a manner consistent with this Agreement and shall not in any way impair the functioning or operation of GL's Equipment or network. Should your use of the NA Services result in an overly high load on the GL Equipment, in GL's sole discretion, GL may suspend your account until the cause of any such overload is determined and resolved.

 

M. You represent and warrant that you are over eighteen years of age, or in the company of a legal guardian, and are fully competent to enter into this Agreement.

 

N. You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States or the country in which you reside.

 

CONFIDENTIALITY, TRADEMARK, AND COPYRIGHT

 

A. During the course of this Agreement you may gain access to certain confidential, proprietary and trade secret business or technical information belonging to GL in connection with GL's performance of the NA Services ("Confidential Information"). You agree to preserve the confidentiality of all Confidential Information that is provided in connection with the Agreement, and shall not, without the prior written consent of GL, disclose or make available to any person, or use for your own or any other person's benefit, other than as necessary in performance of your obligations under this Agreement, any Confidential Information of GL. GL retains all right and title to such Confidential Information.

 

B. Next Athlete is a service mark of GL Enterprises. All rights reserved. The trademarks, logos, and service marks displayed on this Web Site (collectively, the "Marks") belong to GL and/or its affiliates or third parties which have licensed those rights to GL ("Partners"); GL and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent. All other trademarks, product names, and company names and logos appearing on NextAthlete.com are the property of their respective owners.

 

C. Unless expressly stated otherwise on NextAthlete.com, you should assume that all content, images, and materials appearing on this Web Site (collectively the "NA Content") are the sole property of GL. Both U.S. and international copyright laws and treaties protect such NA Content. You may not use, reproduce, display, or sell any NA Content without GL's prior written consent. You may not link to any page within NextAthlete.com or frame any portion of the site without GL's prior written consent.

 

YOUR INDEMNIFICATION OF GL

 

You agree that you shall fully defend and indemnify GL, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys' fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, your warranties set forth in Section 7 or your violation of a third party's intellectual property rights. You further agree to defend, indemnify and hold harmless GL, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that GL shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.

 

NO JOINT VENTURE OR PARTNERSHIP

 

Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between GL and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between GL and you. GL shall have no control or ownership interests of any kind in your business. GL shall have no direct financial or other interest in, nor in any way "own" any online "store" or other online venture pertaining to your use of the GL Services or GL's Equipment. GL's relationship to you shall be restricted to matters pertaining to the provision of the NA Services as set forth in this agreement.

 

GL HAS MADE NO REPRESENTATIONS REGARDING SUCCESS, MARKETS OR PROFITABILITY

 

A. You confirm, understand, acknowledge and expressly agree that neither GL, any agent or representative of GL, nor any other person who is currently representing or otherwise directly or indirectly communicating in any manner herein or otherwise, nor has at any time in the past, represented to you or has otherwise directly or indirectly communicated in any manner to you any guarantee, reassurance or any other communication of any kind regarding:

 

- the potential profitability or likelihood of success of your endeavors through the use of the NA Services or GL's Equipment as set forth herein or otherwise;

 

-the possibility or likelihood that use of any services provided by GL pursuant to this Agreement can or will result in the recoupment of any funds expended by you for any purpose;

 

B. You expressly acknowledge and agree that the success of any endeavors which involve your use, in any manner, of the NA Services and/or GL's Equipment pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of its advertising and promotion, your skill set, etc., and that the ultimate success or failure of your endeavors rests with you and not GL. You further expressly agree not to raise any claim of any kind against GL and to hold GL harmless from any claim of financial investment loss to you directly or indirectly resulting from your decision to use the NA Services and/or GL's Equipment pursuant to this Agreement.

 

NO EDITORIAL CONTROL BY GL

 

GL and you agree that, consistent with the strict policy of GL, and in reliance on your express warranties regarding the substantive content of data, pictures, videos, communications, messages and other materials which you shall store in Web Site Space, and/or otherwise disseminate via the use of NA's Services or GL's Equipment, GL shall neither have nor exert any editorial or other subjective control over the substantive content of such data, pictures, videos, communications, message or other materials. GL shall not engage in any monitoring of the substantive content comprising Your Web Site or Web Site Space. GL exercises no control over information which is found on the internet, except for its own Web Site, and cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for the content of Your Web Site and for verifying the accuracy and suitability of information and services you obtain from third parties via the internet.

 

TERM AND TERMINATION

 

A. Unless sooner terminated pursuant to other terms of this Agreement, and except as otherwise provided in this Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one month periods unless and until sooner terminated pursuant to the provisions of this Section 12. GL may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement.

 

B. Notwithstanding the provisions of Paragraph 12-A. to the contrary, GL offers certain prepaid packages for which the initial term of this Agreement shall be six or twelve months, at the end of which this Agreement shall renew automatically on a month-to-month basis pursuant to the terms of Section 12-A. Any and all service fees for the six and twelve month packages are due and payable for the entire initial term thereof, and should you terminate, attempt to terminate, or otherwise default on this Agreement prior to the end of the initial term you authorize GL to charge your credit card for all such fees and charges for the remainder of such initial term. Fees paid for the six and twelve month packages are not refundable unless this Agreement is terminated by GL without cause pursuant to Section 12-C or as otherwise agreed to in writing by GL in its sole discretion.

 

C. You or GL may terminate this Agreement at any time for any reason, with or without cause, upon written notice or by phone. GL may suspend performance under or terminate this Agreement and cease transmission of data associated with Your Web Site immediately and without notice:

 

- if GL, in its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 7.

 

- if your credit card issuer refuses payment of fees or charges or you refuse authorization for same.

 

D. You further agree that in the event that GL believes, in its sole discretion, that you have breached any provision(s) of Section 7 of this Agreement, or any of its subparts, by storing or allowing material such as that described in the aforementioned Section 7, or any of its subparagraphs, to be transmitted by GL's Equipment, that GL may without any liability to you, and in addition to any other remedies, erase or purge such materials from GL's Equipment without prior notice to you.

 

E. After termination, you will no longer have access to your account and all information or content, including but not limited to web pages, e-mails, log files or other data files associated with your account may be deleted. GL accepts no liability for such deleted information or content. GL may, in its sole discretion, make such information or content available to you to the extent it has not been deleted.

 

F. You acknowledge and agree that GL or its agents, assignees or licensees may, upon termination for any reason, associate any data of any kind, in GL's sole discretion, with the Domain Name registered in association with Your Web Site as long as GL or GL's agent, assignee or licensee continue to be listed as the hosting entity with the domain name registry used to register Your Web Site's domain name.

 

SEVERABILITY

 

In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.

 

ON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER

 

Failure of GL at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of GL.

 

NOTICES

 

A. GL may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to GL. Such notice is deemed effective whether you receive it or not.

 

B. You may provide notice to GL in one of the following ways:

 

- by personal delivery.

 

- by addressing the notice as indicated below and depositing the same by registered or certified mail, postage prepaid, in the United States mail.

 

                                GL Enterprises
                                8442 Blackburn Avenue #4
                                Los Angeles, CA 90048

 

- by Federal Express;

 

- by facsimile transmission; or

 

- by e-mail and registered or certified mail.

 

C. Such notice, statement or other document so delivered to GL, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. Notice by e-mail to GL shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail, and postmarked not more than five days subsequent to the giving of e-mail notice. Any such e-mail notice to GL shall be deemed effective as of the date on which GL receives the certified or registered mail notice.

 

FORCE MAJEURE

 

A. In the event of "force majeure" (as defined below), GL may terminate this Agreement without liability to you. For purposes of the Agreement, "force majeure" shall mean circumstances or occurrences beyond GL's reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which GL cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the GL Services are located or maintained or through which the GL Services are provided, and non-availability of any permits, licenses and/or authorizations required by governmental authority.

 

B. GL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the NA Services (or any part thereof) with or without notice, including the right to cease all business operations. You agree that GL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the NA Services.

 

NO ASSIGNMENT BY YOU; ASSIGNMENT BY GL

 

This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without GL's prior written consent. In particular, you may not sell accounts or sub-accounts to third parties. Notwithstanding the above, this Agreement shall be binding upon your successors and assigns, if any. GL may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion.

 

ARBITRATION AND WAIVER OF JURY TRIAL

 

A. Any and all disputes as to the interpretation or performance of this Agreement, and/or which arise out of or in any way relate to this Agreement, shall be determined by binding arbitration in Los Angeles, California before Judicial Arbitration and Mediation Services, Inc ("JAMS" and in accordance with the rules of JAMS. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in the United States. Any action to confirm or vacate such an award must be brought in either the Court of Common Pleas of Los Angeles, California or the United States California Central District Ninth Circuit Court. You consent to personal jurisdiction and venue in such courts and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that GL shall be entitled to collect its attorneys' fees, costs and other expenses in the event that GL acts to enforce this arbitration and forum selection clause, regardless of whether GL prevails in the underlying action. YOU AGREE TO NEGOTIATE WITH GL IN GOOD FAITH TO RESOLVE OR SETTLE ANY CLAIM OR DISPUTE IN ANY WAY RELATING TO OR CONCERNING THIS AGREEMENT. ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN LOS ANGELES, CALIFORNIA IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the Commonwealth of California and the federal law of the United States of America.

 

B. Nothing in this Section 18 shall preclude GL from seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof. This is the only exception to the mandatory arbitration provisions set forth in section 18-A. Any action to obtain such relief must be brought in either the Court of Common Pleas of Los Angeles, California or the United States California Central District Ninth Circuit Court.

 

C. In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND GL THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived. Should any legal fees, costs, or other expenses be incurred by any party with regard to enforcement of this arbitration and jury waiver provision, GL shall be entitled to recover such legal fees, costs, or other expenses without regard to whether GL prevails in the underlying case.

 

D. Neither you nor GL may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. YOU AND GL ACKNOWLEDGE THAT THIS SECTION 18-D WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION.

 

E. This Agreement shall be interpreted according to the laws of the Commonwealth of California and, where applicable, federal law, without regard to conflicts of law principles.

 

CHOICE OF LAW; VENUE, SUCCESSORS AND ASSIGNS

 

This agreement is binding upon the parties and their respective successors and assigns. This Agreement shall be construed in accordance with the laws of the Commonwealth of California governing contracts executed and performed therein and the laws of the United States of America, and shall be binding upon and inure to the benefit of the Parties' respective heirs, personal representatives, executors, administrators, successors and assigns. The Parties agree that the California Central District Ninth Circuit shall be the proper place of jurisdiction for the determination of any disputes arising from this Agreement, and the Parties irrevocably consent to jurisdiction of the local, state and federal courts located in the California Central District. Should any legal fees, costs, or other expenses be incurred by GL in attempting to enforce this choice of venue, GL shall be entitled to recover such legal fees, costs, or other expenses without regard to whether GL prevails in the underlying case.

 

ENTIRE AGREEMENT

 

This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of GL or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and GL and you hereby acknowledge and agree that neither GL nor you have executed this Agreement in reliance upon any such representation or promise.

 

MODIFICATION

 

A. This Agreement may be materially altered by GL by posting the new version of the Agreement at www.1and1.com and if posted in this manner, shall be effective immediately upon posting such notice. In the event that GL does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of receipt of notice of such change.

 

B. You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of GL. No additional or conflicting term in any other document used by you will have any legal effect.

 

STATUTE OF LIMITATIONS

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

 

 
© Copyrights 2014 Next Athlete. All Rights Reserved.
Contact us  |  Privacy Policy  |  Terms of Use  |  Help