Hegemony Technologies, LLC (“HegTech”) designs and delivers products and tools to help you achieve your specific training and performance goals. These Terms of Service (“Terms”) apply to your access and use of those same products and tools (collectively, HegTech’s “Services”). The Services include our applications, software, websites, APIs, products, and associated services. Hegemony Technologies and its affiliates are referred to as “HegTech,” “we,” “us,” or “our” in these Terms. Your use of any HegTech Services shall constitute full acceptance of these Terms. If you do not accept these Terms, do not use the HegTech Services.
Full use of the HegTech Services is dependent upon your use of a supported mobile device and internet access. It is entirely YOUR responsibility to maintain and secure your own mobile devices, and HegTech shall not be liable for any damages, losses, costs or expenses, whether direct or indirect, or whether incidental, consequential or special, arising out of, or related to your use of HegTech Services, including any damage that may occur to your mobile device when using the app.
If you rely on any HegTech Content or Services, you do so solely at your own risk. We make no endorsement, representation, or warranty of any kind about any HegTech content, information, or Services. The accuracy of the data collected and presented through HegTech Services is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the HegTech Services. Maps, directions, weather, tide, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.
Use of the HegTech Services should not replace your good judgment and common sense. Please read and comply with all safety notices that may accompany your use of the HegTech Services.
If you have a medical condition, please consult a doctor before using the HegTech’s Services, engaging in a prolonged or intense exercise program, or changing your diet. If you experience a medical emergency, stop using the HegTech Services and consult with a medical professional. HegTech is not responsible for any health problems that may result from training programs, consultations, products, or events you engage in or with while using the HegTech Services. You agree to use all HegTech products and Services at your own risk, and specifically agree to indemnify and hold harmless HegTech and its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the HegTech Service, (ii) your own content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
ALL HEGTECH SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, HEGTECH EXPLICITLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR ITS SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You agree that any dispute between you and HegTech arising out of or relating to these Terms, the HegTech Services, or any other HegTech products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before pursuing any other dispute resolution procedures, you agree to try to resolve the Dispute informally by contacting us directly. We’ll try to resolve the Dispute informally through email. If a dispute is not resolved within 30 days after submission, you or we may bring a more formal proceeding.
We Both Agree To Arbitrate: You and HegTech agree to resolve any Disputes through final and binding arbitration, in line with the following procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in the United States county where you live or work, Sacramento, California, or any other location we agree to.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between HegTech and you regarding the HegTech Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements which may exist between HegTech and you regarding HegTech’s Services.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without HegTech’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. HegTech may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.