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TERMS OF USE

These Terms of Use were last revised on September 28, 2023.

Athos Fitness LLC provides the Athos Fitness LLC's Website and related services subject to your compliance with the terms and conditions set forth below. Your use of the Athos Fitness Website signifies your acknowledgment of an agreement to these Terms of Use. 

1. 1. APPLICATION OF TERMS OF USE

1.1. These Terms of Use apply to all users of the Athos Fitness Website and any other affiliated websites owned or controlled by Athos Fitness LLC, including any and all services, mobile applications, and online software available through these sites (collectively "Athos Fitness Website"). The term "users" includes both registered members of the Athos Fitness Website and any other person who accesses the Athos Fitness Website at any point for any amount of time. 

2. TERMS OF SALE. By placing an order for merchandise through the Athos Fitness Website you agree to our terms of sale ("Terms of Sale") set out in this Section.

2.1. Order and Acceptance. Each item in an order that you submit to Athos Fitness LLC constitutes a separate offer to purchase that item. After you place your order through the Athos Fitness Website, you will receive a confirmation notice on the website and/or through a confirmation email. The onscreen confirmation notice and/or confirmation email that we send to you does not constitute acceptance of your order. Rather, Athos Fitness LLC is not deemed to have accepted any item in your order until that item is shipped or made available for electronic delivery.

2.2. Rejection of Orders. Athos Fitness LLC may reject your order for any reason. Reasons for rejecting an order include: 

(a) item pricing error

(b) item unavailability 

(c) rejection of payment

(d) insufficient shipping address

(e) suspected fraudulent activity

(f) orders connected with a previous credit card dispute

2.3. Sales Tax. Athos Fitness LLC charges sales tax where required by law. If the sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your shopping cart and on your invoice. 

2.4. Shipping Charges. For physical goods, prices for items do not include charges for shipping and handling. Separate charges for shipping and handling will be itemized in your shopping cart and on your invoice.

2.5. Item Shipping Delay / Backorders. All items are subject to stock availability. Items that are temporarily out of stock may incur shipping delays. We will endeavor to ship your item as soon as possible. If we determine we are unable to ship your order in a reasonable time (typically 30 days) we may elect to cancel your order. 

2.6. Price Changes. Athos Fitness LLC may change the price of any item at any time. 

2.7. Fraudulent Activities. Athos Fitness LLC will prosecute to the fullest extent of the law any fraudulent activities related to any chargebacks or reversals of a valid charge for an order filled and delivered to you. 

2.8. Returns / No Warranties. There are no product warranties of any kind. Virtual Products are not eligible to be returned or exchanged. For any other item besides Virtual Products, you may return the item unused and unwashed, in its original condition and packaging, with the tags still attached within 30 days from the date of purchase. Once we have received and validated your item as qualifying for a return, we will allow you to exchange the item or provide you store credit which you may use for a new purchase at Athos Fitness LLC Website. If you return an item not in its original condition or otherwise fail to exercise reasonable care when returning an item, we reserve the right to either (i) reject your return and decline any credit or (ii) to deduct from any credit reasonable repair or other similar costs.

2.9. Resale of Merchandise Prohibited. To protect Athos Fitness LLC's intellectual property rights, Athos Fitness LLC's policies do not allow merchandise to be resold or reshipped. Any resale of our merchandise for personal or business profit is strictly prohibited. Furthermore, any orders shipping to 'Freight Forwarding Companies' will not be accepted. 

3. WEBSITE ACCESS

3.1. Access. Athos Fitness LLC grants you a limited, revocable, nonexclusive license to access the Athos Fitness Website for your own personal use.

3.2. Account Creation. In order to access some features of the Athos Fitness Website, you will have to create an account. You may never use another's account without the account holder's permission. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to the Athos Fitness Website, you are required to update that information immediately. 

3.3. Account Activity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Athos Fitness LLC immediately of any breach of security or unauthorized use of your account. Although Athos Fitness LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Athos Fitness LLC or others due to such unauthorized use.

3.4. Automated Systems. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers" that access the Athos Fitness Website. You agree not to collect or harvest any personally identifiable information, including account names, from the Athos Fitness Website, nor to use the communication systems provided by the Athos Fitness Website for any commercial solicitation or illegal or improper purposes.

3.5. Search Engines. Notwithstanding the foregoing, Athos Fitness LLC grants the operators of recognized international public search engines, such as Google, Bing, and DuckDuckGo permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Athos Fitness LLC reserves the right to revoke these exceptions either generally or in specific cases.

3.6. Termination of Account. You agree that Athos Fitness LLC, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Athos Fitness LLC Website (or any part thereof), immediately and without notice, and remove and discard any content within Athos Fitness LLC Website, for any reason, including, without limitation, if Athos Fitness LLC believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Athos Fitness LLC shall not be liable to you or any third-party for any termination of your access to Athos Fitness LLC. Further, you agree not to attempt to use Athos Fitness Website after said termination.

3.7. Termination of Service. Athos Fitness LLC may modify, suspend, discontinue, or restrict the use of any portion of Athos Fitness LLC Website, including the availability of any portion of the content at any time, without notice or liability. Athos Fitness LLC Website may deny access to any registered member or other user at any time for any reason, or no reason at all in our sole discretion. In addition, Athos Fitness LLC or Athos Fitness may at any time transfer rights and obligations under these Terms of Use to any Athos Fitness LLC affiliate, subsidiary, or business unit, or any of their affiliated companies or divisions, or any entity that acquires Athos Fitness LLC, Athos Fitness Website or any of their respective assets. You agree that Athos Fitness LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.

3.8. Third Party Links. Athos Fitness LLC Website may contain links to third-party websites that Athos Fitness LLC does not own or control. Athos Fitness LLC assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Athos Fitness LLC will not and cannot censor or edit the content of any third-party site. You expressly relieve Athos Fitness LLC from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Athos Fitness LLC Website and to read the terms and conditions and privacy policy of other websites that you visit.

3.9. Consent to Electronic Service. When you use Athos Fitness LLC Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Athos Fitness LLC Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. THIRD-PARTY CONTENT / INTERACTIVE FEATURES

4.1. The Athos Fitness LLC Website may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content by you, other users, and other third parties such as our partners or affiliates ("Third-Party Content").

4.2. Third-Party Content also includes, but are not limited to, reviews, photograph submissions, profile submissions, and any other interactive area of Athos Fitness LLC Website.

4.3. By posting, submitting, or uploading a Third-Party Content to any area of Athos Fitness LLC Website, you automatically grant, and you represent and warrant that you have the right to grant, to Athos Fitness LLC can irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third-Party Content and to prepare derivative works of, or incorporate into other works, said Third-Party Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third-Party Content to Improved Tread Website, you automatically grant Athos Fitness LLC all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third-Party Content by any party for any purpose. You acknowledge that by participating in any interactive area on this website, you are granting Athos Fitness LLC the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to Athos Fitness LLC, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.

4.4. You acknowledge that the interactive features on the Athos Fitness LLC Website are not for private communications. You acknowledge that you have no expectation of privacy with regard to any content you submit to the Athos Fitness LLC Website. Athos Fitness LLC cannot guarantee the security of any information you disclose through the Athos Fitness LLC Website. You make such disclosures at your own risk. Athos Fitness LLC has no obligation to retain or provide you copies of Third-Party Content.

4.5. By posting Third-Party Content to Athos Fitness LLC Website or by using any other interactive area of the website, you specifically agree to comply with each of the following:

(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.

(b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.

(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to Athos Fitness LLC any required terms.

(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.

(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.

(f) You will not post or transmit any material that deceptively impersonates any person or entity.

(g) Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.

(h) You will not post content that constitutes or contains any form of advertising or solicitation or for commercial purposes. Do not post a URL unless it directly relates to a user's question.

(i) You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.

(j) You will not post or transmit any content that is intended to promote or commit an illegal act.

Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.

4.6. When posting Third-Party Content, you agree never to use a third-party agent, service, or intermediary that offers to post Third-Party Content to Athos Fitness LLC Website on your behalf ("Posting Agent"). Posting Agents are not permitted to post Third-Party Content on behalf of others, to cause Third-Party Content to be so posted, or otherwise access Athos Fitness LLC Website to facilitate posting Third-Party Content on behalf of others, except with express written permission from Athos Fitness LLC.

4.7. You must not describe or assign keywords to your Third-Party Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Athos Fitness LLC may change or remove any description or keyword that it considers inappropriate or unlawful in Athos Fitness LLC's sole discretion.

4.8. You are and shall remain solely responsible for any and all Third-Party Content you make through Athos Fitness LLC Website. You acknowledge that any information you disclose through the Athos Fitness LLC Website becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on the Athos Fitness LLC Website. Any such disclosures are at your own risk.

4.9. You understand that when using the Athos Fitness LLC Website, you will be exposed to Third-Party Content from a variety of sources, and that Athos Fitness LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. You further understand and acknowledge that you may be exposed to Third-Party Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Athos Fitness LLC with respect thereto, and agree to indemnify and hold Athos Fitness LLC, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

4.10. Third-Party Content may contain the views and opinions of individual content authors. Athos Fitness LLC does not endorse any Third-Party Content, or any opinion, recommendation, or advice expressed therein, and Athos Fitness LLC expressly disclaims any and all liability in connection with Third-Party Content. 

4.11. Athos Fitness LLC does not prescreen Third-Party Content submitted and Athos Fitness has no duty to monitor any interactive area of its website. Although we may monitor or review Third-Party Content from time to time, we do not actively monitor the Third-Party Content of the interactive areas, including product reviews, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third-Party Content, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Athos Fitness LLC may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any Athos Fitness LLC Website forum.

5. INTELLECTUAL PROPERTY INFORMATION

5.1. All content on the Athos Fitess LLC Website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Athos Fitness. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. All Content displayed on or through Athos Fitness LLC Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.

5.2. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Athos Fitness LLC.

5.3. You further agree not to reproduce, duplicate or copy Content from Athos Fitness LLC Website without the express written consent of Athos Fitness, and agree to abide by any and all copyright and other legal notices displayed on Athos Fitness LLC Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in Athos Fitness LLC Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of Athos Fitness LLC Website.

6. WARRANTY DISCLAIMER

6.1. ATHOS FITNESS LLC WEBSITE, INCLUDING ANY CONTENT, THIRD-PARTY CONTENT, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ATHOS FITNESS LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. 

6.2. ATHOS FITNESS LLC MAKES NO WARRANTY THAT: (I) ATHOS FITNESS LLC WEBSITE WILL MEET YOUR REQUIREMENTS, (II) ATHOS FITNESS LLC WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ATHOS FITNESS WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN ATHOS FITNESS LLC WEBSITE WILL BE CORRECTED. 

6.3. ATHOS FITNESS LLC IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY AND ATHOS FITNESS LLC WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN. 

6.4. YOU ACKNOWLEDGE THAT ATHOS FITNESS LLC HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS AND SERVICES ADVERTISED ON THE ATHOS FITNESS LLC WEBSITE, THE TRUTH OR ACCURACY OF ANY THIRD-PARTY CONTENT. 

6.5. ATHOS FITNESS LLC, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO ATHOS FITNESS LLC WEBSITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN ATHOS FITNESS LLC WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ATHOS FITNESS LLC WEBSITE AND/OR SITE-RELATED SERVICES IS TO STOP USING ATHOS FITNESS LLC WEBSITE AND/OR THOSE SERVICES.

7. UNSOLICITED MATERIAL AND IDEAS 

7.1. We are happy to hear from users and welcome feedback regarding the Athos Fitness LLC Website. However, neither the Athos Fitness LLC Website nor Athos Fitness LLC are responsible for the similarity of any of its content in any media to materials or ideas you provide to Athos Fitness LLC Website. 

7.2. If you transmit unsolicited submissions to us through Athos Fitness LLC Website or otherwise, you grant Athos Fitness LLC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Athos Fitness LLC sees fit. 

7.3. By using Athos Fitness LLC Website and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission and that by sending an unsolicited submission you waive the right to make any claim against Athos Fitness, Athos Fitness LLC and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if the material or an idea is used that is or may be substantially similar to the idea you sent. 

8. INDEMNITY

8.1. You agree to defend, indemnify, and hold harmless Athos Fitness LLC, its affiliated companies, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

(a) your use of and access to the Athos Fitness LLC Website.

(b) your participation in any interactive area of the Athos Fitness LLC Website including user reviews.

(c) your violation of any term of these Terms of Use;

(d) your violation of any third party right, including without limitation any copyright, property, or privacy right;

(e) your violation of any law, rule or regulation of the United States, any state, or any other country; 

(f) any claim that Third-Party Content posted by you or using your account caused damage to another third party.

(g) any other party's access and use of the Athos Fitness Website with your account.

8.2. This defense and indemnification obligation will survive these Terms of Use and any termination of your use of the Athos Fitness LLC Website.

9. DIGITAL MILLENNIUM COPYRIGHT ACT

9.1. Infringement Not Permitted. Athos Fitness LLC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Athos Fitness LLC will remove any content if properly notified that such content infringes on another's intellectual property rights. Athos Fitness LLC reserves the right to remove any content without prior notice.

9.2. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Athos Fitness LLC.s designated Copyright Agent to receive notifications of claimed infringement is:

Athos Fitness LLC

Attn: Copyright Agent

23838 E Pacific Coast Highway #2467, Malibu, CA 90265

copyright@athosFitnessllc Website

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

9.3. Counter-Notice. If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Third-Party Content, you may send a counter-notice containing the following information to the Copyright Agent:

(a) Your physical or electronic signature;

(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

9.4. Effect of Counternotice. If a counter-notice is received by the Copyright Agent, Athos Fitness LLC Website may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Athos Fitness LLC Website sole discretion.

10. PRIVACY POLICY

10.1. Athos Fitness LLC has established a Privacy Policy to explain to users how personal information is collected and used, which is located at the following web address:

https://athosfitnessllc Website/privacy policy

10.2. Your use of the Athos Fitness LLC Website signifies acknowledgment of an agreement to our Privacy Policy. You further acknowledge and agree that Athos Fitness LLC may, in its sole discretion, preserve or disclose content posted by you, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms of Use, or respond to claims from third-parties.

11. GOVERNING LAW / DISPUTES

11.1. You agree that the Athos Fitness LLC Website shall be deemed solely based in the State of California.

11.2. The Athos Fitness LLC Website shall be deemed a passive website that does not give rise to personal jurisdiction over Athos Fitness LLC, either specific or general, in jurisdictions other than California.

11.3. Governing Law / Jurisdiction. These Terms of Use will be governed and interpreted in accordance with the internal laws of the State of California applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. These Terms of Use are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms of Use, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California and waive any objection to personal jurisdiction, to venue, or to convenience of forum. 

11.4. Disputes. Any dispute, claim, or controversy arising out of or relating to the Athos Fitness LLC Website, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special, or incidental damages arising from or relating to your use of the Athos Fitness LLC Website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Los Angeles Couty, California to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

11.5. Statute of Limitations. You agree to file any claim regarding any aspect of Athos Fitness LLC Website or these Terms of Use within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

11.6. Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND ATHOS FITNESS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

12. ASSIGNMENT / MODIFICATION

12.1. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Athos Fitness LLC may assign these Terms of Use, and any rights and license granted hereunder without restriction.

12.2. Modification. We reserve the right to amend these Terms of Use at any time. If we do this, we will post the amended Terms of Use on this page and indicate at the top of the page the date the Terms of Use were last revised. The most current version of these Terms of Use will supersede all previous versions. Your continued use of the Athos Fitness LLC Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Athos Fitness LLC Website.

13. ABILITY TO ACCEPT TERMS OF USE

You hereby declare, represent, and warrant that you are over eighteen (18) years of age, or that you are an emancipated minor, or that you possess legal parental or guardian consent, and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Use. Athos Fitness LLC Website is not intended for use of children under eighteen (18) years old. Children under eighteen (18) years of age are hereby explicitly prohibited from using the Athos Fitness LLC Website.

14. CONSENT

By using the Athos Fitness LLC Website in any way, you are agreeing to comply with these Terms of Use. In addition, when using a particular Athos Fitness LLC Website service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with Athos Fitness LLC Website in any way, your only recourse is to immediately discontinue your use of Athos Fitness LLC Website.