HeadSharp Terms of Service
Last Modified (May 26th 2017
HeadSharp, Inc. ("HeadSharp," "we" or "us") provides an online and mobile service, including, but not limited to the HeadSharp website, www.HeadSharp.com
(the "Site"), computer mobile applications ("App" or "Apps") and programs hosted by or on behalf of HeadSharp and related content or services (collectively with the Site and the Apps, the "Service"). Additionally, digital product content (the “Product” or “Products”) delivered via the Site and/or our Apps is included in the designation of “Service” herein. THESE TERMS OF SERVICE (THE "TERMS") ARE A LEGAL AGREEMENT BETWEEN YOU AND HEADSHARP, INC. AND GOVERN YOUR USE OF THE SERVICE and/or Product(s). The terms "you" and "user" shall refer to all individuals and entities that access the Service. If you are using the Service for iOS, the additional terms set forth below in the Paragraph titled, "iOS Terms" apply to your use of that app. If you do not wish to be bound by those additional terms, do not use the Service for iOS.
These Terms include a release by you of, and limitations on, claims for certain damages against us that may arise out of your use of the Service. By using the Service, you are agreeing to the release and limitations.
By accepting these Terms, you are agreeing to the arbitration agreement (unless you follow the opt-out procedure) described below in these Terms to resolve any disputes with HeadSharp.
By your affirmative actions of registering for and/or using the Service, you are agreeing to these Terms.
The Service is a platform where users, specifically student and/or athletes with parental consent and approval, may participate in athletically based personal development or coaching services whether in Product(s) form. Parents, Student athletes, athletes, and visitors to this Site are collectively referred to as "users" in these Terms. Users can use the Service to find and select an appropriate athletic development program that suits their unique needs. In the alternative, Clients may elect to purchase specific developmental training or other classes, tutorials, etc. as determined by HeadSharp in a Product(s) format. The fitness products offered through the Site are subject to subscription plans as outlined below and may be modified from time-to-time at HeadSharp’s sole discretion.
The Service and/or Product(s) may only be used to obtain or offer personal development training, lifestyle and/or mental skills coaching and/or other wellness classes; no other services may be obtained or offered.
The Service and/or Product(s) are offered and available to users who are 18 years of age or older. By using the Service and/or Product(s), you agree that you are of legal age to form a binding contract with HeadSharp, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Service and/or Product(s). The Service and/or Product(s) are not available to individuals under the age of 18 (“Minor”) unless a parent and/or legal guardian has consented on behalf of said Minor. A consenting parent and/or legal guardian also warrants and represents that they assume all risk(s) and liabilities on behalf of the Minor’s engagement in the Activities delivered through the Services. In instances where a Minor engages in one of our digital classes, the parent and/or legal guardian agrees to supervise the Minor in said Product Activity. Moreover, each consenting parent and/or legal guardian acknowledges that they have read and specifically agree to the provisions under the heading below titled “Assumption of Risk, Waiver and Release” as it pertains to the health, safety, and well-being of the Minor. HeadSharp may, in its discretion, refuse to offer the Service and/or Product(s) to any person and change its eligibility criteria at any time. Your right to access the Service and/or Product(s) is revoked where these Terms or use of the Service and/or Product(s) is prohibited and, in such circumstances, you agree not to use or access the Service and/or Product(s) in any way.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site or through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.
Use of the Service and/or Product(s)may require a compatible mobile device and Internet access. Your ability to use the Service and/or Product(s) may be affected by performance of these items. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility, and your mobile carrier's standard charges, data rates and other fees may apply. Further, you agree to always use the most recent version of the Service made available by HeadSharp.
Interaction with Users
The Service also functions as a venue to connect users in a virtual information place. As a neutral facilitator, HeadSharp is not directly involved in the actual transactions between users of the Site or the Service. As a result, HeadSharp has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site or the Service. HeadSharp shall have no responsibility to confirm the identity of users. HeadSharp shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Site or the Service. You shall at all times exercise common sense and good judgment when dealing with any user of the Site or the Service.
License to Use the Service; Ownership
Subject to your compliance with these Terms, HeadSharp grants to you a limited license to access and use the Service and/or Product(s) during the term of these Terms solely for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
You will not reproduce, copy, transfer, give access to, distribute, sell, rent, lease, assign, sublicense, create derivative works from, decompile, reverse engineer, or disassemble the Service and/or Product(s) or any part of the Service and/or Product(s) in any manner whatsoever.
You acknowledge and agree that nothing in these Terms conveys to you any ownership, intellectual property rights or other proprietary interest in or relating to the Service and/or Product(s) or any other HeadSharp Products or services, or any modifications or derivative works of any of the foregoing. The Service and/or Product(s) is/are licensed, not sold, to you and is owned by HeadSharp and its licensors. Except as expressly set forth in these Terms, HeadSharp reserves all right, title and interest, including all intellectual property and other rights, in and to the Service and all other HeadSharp products and services. You agree not to obscure or alter or remove any patent, copyright, trademark or other proprietary notice or legend contained on or in the Service and/or Product(s).
We welcome your comments, feedback, suggestions, and other communications regarding the Site, Service, and/or Product(s) (collectively, "Feedback"). While you are not obligated to provide Feedback, in the event that you provide Feedback, you grant to HeadSharp a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit the Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send HeadSharp any Feedback that you do not wish to license to us as set forth above.
You may browse the Site without registering, but as a condition to using certain aspects of the Service, you are required to register with HeadSharp and agree that you will provide HeadSharp with accurate and complete registration information (including an email address and a password you will use to access the Service) and keep your registration information accurate and up-to-date. Failure to do so is a breach of these Terms, which may result in immediate termination of your HeadSharp account. In turn, you may also register for the Services using a third-party site such as Facebook and Twitter and by doing so, you also expressly agree to be bound by their specific terms of service located at https://www.facebook.com/legal/terms
You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use, or violates any trademark or copyright. Usernames that are vulgar, obscene, or offensive will violate the terms of this Agreement and result in Account termination.
You agree to complete a User profile (“Profile”) which you expressly consent to be shown and displayed to other Users and the public at large unless you change your privacy settings. In the event, a parent or legal guardian registers a child(ren) for use of the Services, you also acknowledge and agree to the specific Children’s Privacy measures located https://www.headsharp.com/privacy. You represent and warrant that the information you provide to us and other Users of the Services are true, accurate, complete, and will be updated regularly. Any false or misleading Profile information is subject to removal and Account cancellation at the sole discretion of HeadSharp.
You acknowledge that HeadSharp has no obligation to monitor your or any other user's access or use of the Site or the Service or edit any User Content (as defined below). HeadSharp reserves the right, at any time and without prior notice, to refuse registration of, remove or disable an account (temporarily or permanently) in HeadSharp's sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account and password. You agree to immediately notify HeadSharp in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Unless required by law, you agree and acknowledge that your HeadSharp Account is non-transferable and any rights to your HeadSharp Account or Content therein terminate upon your death. In the event of your death, a valid copy of a death certificate may permit the proper party to terminate your Account and related Content on your behalf. Contact HeadSharp Support at firstname.lastname@example.org for additional assistance.
and hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our third party electronic payment processing provider(s) to the extent required to provide the Payment Services to you.
Service Refunds; Credits; Taxes
At HeadSharp's sole discretion, refunds or credits may be granted as a result of specific refund guarantee promotions, or to correct any errors made by HeadSharp. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all taxes, levies, or duties associated with his or her purchases hereunder, excluding United States (federal or state) taxes.
In order to provide maximum benefit to our users, HeadSharp offers a product subscription membership (a “Member”) whereby you may obtain access to our Services in a digital product format as determined by HeadSharp. In order to have a Service Membership, you must be 18 years of age or have parental consent and authorization. For example, HeadSharp offers digital classes in a video or audio streamed format, audio podcast, etc.
HeadSharp Members may access our product(s) as follows:
(i.) Basic (free) Subscription: free-of-charge access to a select number of online tutorials. HeadSharp reserves the right to change the number and types of classes made available for free
(ii.) Trial Period: Under certain circumstances HeadSharp may offer members a free-of-charge program that gives unlimited access for a select number of days of our available Service Product(s), as determined at the sole discretion of HeadSharp.
(iii.) Paid Subscription Plan: Members select one of our available subscription plans for a pre-determined term and fee(s).
Product Subscription Plans, Payments, Cancellation, and Refunds
HeadSharp provides a variety of subscription plans to Members who desire to use our Services in our digital product format. Currently, HeadSharp offers monthly and annual subscription plans where a Member can access our digital product formatted Services and use throughout each paid month. A Member Subscription Plan(s) starts on the day you sign up for a Subscription and submit payment (“Subscription Date”). All Member subscription plan payments are subject to the payment requirements and authorizations described in the “Service Reservations and Charges” section above.
HeadSharp bills all subsequent monthly or annual Member Subscription fees on the Subscription Date of your Membership, and each Subscription Plan shall auto-renew until your membership is cancelled and/or terminated per these Terms of Service. In turn, you expressly authorize HeadSharp to charge your approved Payment Method for all services and product(s) purchased via the Site. HeadSharp makes every effort to apprise you of any Subscription Plan pricing changes, and your renewal Member Subscription fees shall remain the same unless we notify you in advance of any changes. You understand and acknowledge that HeadSharp reserves the right, in its sole discretion, to modify the Member Subscription Plan fees from time-to-time and will use its best efforts to post reasonable advanced notice on the Site.
In the event our subscription plan(s) is/are purchased through Apple iTunes Store, all sales are final, and HeadSharp will not be able to provide you with a refund. In this case, your purchase is subject to Apple’s applicable payment policies which may or not provide for refunds.
Member Subscription Plan(s) may be cancelled by visiting your Account Settings and selecting “Cancel” or by contacting us directly at email@example.com Cancelling a Member Subscription Plan(s) shall be deemed effective at the end of your billing cycle and you will have Member Subscription Site access until the remainder of the billing cycle. For example, if you cancel your monthly Member Subscription Plan on January 3rd then you will still have Member Subscription Site access until March 2nd and will not be billed for the month of March. However, on March 3rd your account will no longer have Member Subscription Site access and will revert to a HeadSharp basic plan. No refunds or credits will be provided for monthly HeadSharp Membership Subscription Plan(s).
Refunds are available for annual subscription purchases made only through headsharp.com within 30 days of purchase. Refunds are available only to first time customers, as determined by HeadSharp, and do not apply to renewals of your subscription.
HeadSharp reserves the right, at its sole discretion, to modify the Site or the Service or to modify these Terms, including the fees associated with Activities and/or the Service and/or Product(s), at any time and without prior notice. Any such change to fees shall not apply to any Activities that have already been reserved by a user at the time of such change. A link to the most current Terms will be available on the HeadSharp home page and we will indicate the date of the "Latest Updated" at the top of the Terms. If we materially modify these Terms, we will post a notice on the Service and, if you've provided HeadSharp with your email by creating an account through the Service, we will also notify you by email.
Your continued use of the Service and/or Product(s) following the posting of such changes constitutes your acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.
HeadSharp’s Relationship to the Parties
HeadSharp’s community platform is merely a conduit where well-informed, independent, and discerning individuals may engage in Activities through the Services and/or Product(s) offered through the Site. In that, HeadSharp is not a party to the Activities between Users and any of our Product tutorials. Rather, Users are free to use our online platform to inquire, shop for, and make independent decisions in selecting an appropriate personal development program and/or related Activity. Although HeadSharp may feature a given class, tutorial, or module through the Site, each Client is free to evaluate, research, and choose the Activity and/or Product(s) that best suits their individual needs.
Assumption of Risk, Waiver and Release
By signing up for, attending and/or participating in Activities and using the Services associated with any Activity, you acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are no guaranteed outcomes with respect to the athletic developmental Activities offered through the Services. In that, we do not guarantee a given level of athletic outcome/improvement nor do we diagnose or treat any pre-existing medical conditions including but not limited to anxiety, nervousness, or any other psychological malady. As part of our Membership Activities there may be certain physical activities that you may elect to participate in as part of the Services. If you choose to elect to perform any of the offered physical activities, you specifically agree that there are certain inherent risks and dangers in performing the physical activities.
You are aware that participating in the physical Activities it may require strenuous physical activity, which could include but is not limited to stretching, running, weight training and lifting heavy objects (including lifting heavy objects above one's head), anaerobic exercise, aerobic exercise as well as many other activities that you may be asked to perform. You are also aware that there are risks associated with such physical activity and your participation in the Activities, which include but are not limited to, property damage, illness and bodily injury, including: minor injuries such as scratches, bruises, and sprains; major injuries such as broken bones, eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and catastrophic injuries including paralysis and death. You acknowledge that some of these risks cannot be eliminated. With knowledge of the possible risks, you specifically assume the risk of injury or harm.
You agree and acknowledge that you do not suffer from any medical condition or disease that may in any way hinder or prevent you from fully participating in physical activity and that you have had the opportunity to consult with your primary care physician prior to participating in any Activity. You are responsible for judging your own qualifications and for your own safety during the Activities. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Activities, and should not be participating in any Activities.
IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN THE ACTIVITIES, YOU: (1) ASSUME FULL RESPONSIBILITY FOR, AND ASSUME THE RISK OF, ANY AND ALL INJURIES OR DAMAGE WHICH ARE SUSTAINED OR AGGRAVATED BY YOU RELATED TO THE ACTIVITIES; AND (2) TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASE, INDEMNIFY, AND HOLD HARMLESS HEADSHARP, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY "RELEASEES"), FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE ACTIVITIES WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, ILLNESS, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
Links/Third Party Websites
As part of our services and its resident features and functions, you may encounter materials from third parties and/or hyperlinks to other Content, resources, or web sites. Because we have no control over third parties and their related materials, you acknowledge and agree that HeadSharp shall not be responsible or liable for any alleged damages you may have incurred either directly or indirectly.
When you access a non-HeadSharp website, even one that may contain the HeadSharp logo, please understand that it is independent from HeadSharp, and that HeadSharp has no control over the content on that website. In addition, a link to a non-HeadSharp website does not mean that HeadSharp endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.
Intellectual Property Rights
HEADSHARP and the HEADSHARP Logo are service marks, trademarks, and/or trade dress of HeadSharp or otherwise proprietary to HeadSharp and may not be used by you for any reason other than as expressly permitted by these terms. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, HeadSharp. You have the right to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of making Activity reservations or other personal use. You acknowledge that HeadSharp and/or third-party content providers remain the owners of all Site and Service material and that you do not acquire any of those ownership rights by downloading, copying or using any such material in accordance with these Terms.
Acceptable Use Policy
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. HeadSharp cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms, the term "Content" includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by HeadSharp on or through the Service.
Although HeadSharp makes reasonable efforts to provide proper care and skill in delivering its services and/or Product(s), HeadSharp does not guarantee, warrant, or covenant that any Content you access and/or store via the services will not be accidentally lost, corrupted, or damaged. Given this reality, you agree and acknowledge that it is your sole responsibility to back up any important Content on your device(s) and/or computer(s).
The Service contains Content specifically provided by HeadSharp or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Subject to these Terms, HeadSharp grants each user a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use in connection with the Service. Any other use, reproduction, modification, distribution or storage of any Content is expressly prohibited without prior written permission from HeadSharp, or from the copyright holder identified in such Content's copyright notice, as applicable.
Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, "User Submissions."
By submitting User Submissions on the Site or otherwise through the Service, you grant HeadSharp a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and HeadSharp's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). For clarity, the foregoing license grant to HeadSharp does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with HeadSharp.
You acknowledge and agree that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Conduct, Content and Use Restrictions
As a condition of use, you agree not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
You are solely responsible for the Content that you post, upload, transmit, publish or display on or through the Service (hereinafter, "post"), or transmit to other users. You will not provide inaccurate, misleading or false information to HeadSharp or to any other user. If information provided to HeadSharp or another user subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. You will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Without limiting the previous sentence, you may not post any Content or use the Service in any way that:
is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
intimidates, threatens, or otherwise harasses other users of the Service, or advocates harassment of another person;
is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
impersonates any person or entity, including any employee or representative of HeadSharp;
includes anyone's identification documents or sensitive financial information;
imposes or may impose (as determined by HeadSharp in its sole discretion) an unreasonable or disproportionately large load on HeadSharp's (or its third party providers') infrastructure;
interferes or attempts to interfere with the proper working of the Service or any activities conducted on the Service;
bypasses any measures HeadSharp may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
attempts to collect personal information about any other user of the Service or any third party without such user or third party's informed consent;
involves commercial activities (whether or not for profit) and/or sales without HeadSharp's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains or transmits viruses, corrupted data or other harmful, disruptive or destructive files or code;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
infringes any third party's intellectual property rights or privacy rights;
otherwise takes any action in violation of these Terms or HeadSharp's guidelines and policies.
HeadSharp has the right, but not the obligation, to monitor all conduct on and Content submitted to the Service.
Digital Millennium Copyright Act
HeadSharp respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the Content they upload to HeadSharp does not infringe any third party copyright.
HeadSharp will promptly remove materials in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, HeadSharp may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
DMCA Takedown Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
Your name, address, telephone number, and email address (if any).
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on HeadSharp, sufficient for HeadSharp to locate the material.
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner's behalf.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
You may submit this information via:
Offline: HeadSharp, Inc.'s Copyright Agent (see below)
If you believe that your material has been removed by mistake or misidentification, please provide HeadSharp with a written counter-notification containing the following information:
Your name, address, and telephone number.
A description of the material that was removed and the location where it previously appeared.
A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which HeadSharp, Inc. may be found (which includes the Suffolk County Superior Court), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
Your electronic or physical signature.
You may submit this information via:
Offline: HeadSharp, Inc.'s Copyright Agent (see below)
Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.
Warning: In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
HeadSharp Inc.'s Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to HeadSharp, Inc.'s Copyright Agent:
HeadSharp Performance Corporation
14 Ridge Road
South River, NJ, 08882
Legal – Josh Trojack
No Medical or Health Advice
The Site and the Service are not intended to and do not provide health advice, medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. The information provided in, and the Activities and services provided through this site, or through linkages to other sites, are not intended to be medical or professional care, and you should not use the Site or the Service in place of a visit, call consultation or the advice of your physician or other healthcare provider. HeadSharp is not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain through the Site or the Service.
IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911 OR YOUR PHYSICIAN. Never disregard medical or professional advice, or delay seeking it, because of something you read on the Site or a linked website or learn through your use of the Service. Never rely on information on the Site or that you learn through the Service in place of seeking professional medical advice. You should also ask your physician or other healthcare provider to assist you in interpreting any information in this Site or in the linked websites, or in applying the information to your individual case.
THE SERVICE, AND THE CONTENT, MATERIAL, AND INFORMATION CONTAINED AND/OR ADVERTISED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SERVICE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT ON OR GOODS PURCHASED THROUGH THE SERVICE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SERVICE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THE SERVICE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.
Limitation of Liability
HEADSHARP IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE, OR YOUR INABILITY TO USE THE SERVICE. IN NO EVENT WILL HEADSHARP, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, LICENSORS, AND/OR ASSIGNS (COLLECTIVELY THE "HEADSHARP PARTIES"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE HEADSHARP PARTIES' AGGREGATE LIABILITY WILL BE LIMITED TO TWO HUNDRED DOLLARS.
In some jurisdictions, it is not permitted to limit certain types of liability and therefore such limitations to the extent they exclude such liability may not apply to you. IN SUCH JURISDICTIONS, HEADSHARP'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
As a requirement to use our services, you expressly agree to defend, indemnify, and hold HeadSharp and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors, harmless from any claim or demand thereof, including reasonable attorney’s fees, made by a third party, relating to or arising from: (a) any violation by you of this Agreement; (b) any Content in its entirety that you upload, transmit, or make available through the services; (c) your use of the services; (d) any violation that HeadSharp determines through its reasonable investigations of a suspected violation(s) of this Agreement; or (e) your violation of another’s rights. This express waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the services.
HeadSharp may terminate these Terms at any time without notice, discontinue or remove the Site or any portions thereof or suspend or terminate your access and use of the Site and/or the Service at any time, with or without cause, in HeadSharp's sole discretion. In the event of termination, the intellectual property, disclaimers, releases, arbitration agreement, class action waiver, limitations of liability provisions and any other provisions which by their nature are intended to survive set forth in these Terms will survive.
Dispute Resolution and Arbitration
This section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity. Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First
You agree that in the event of any dispute between you and HeadSharp, you will first contact HeadSharp and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of HeadSharp's services and/or products, including the Service, or relating in any way to the communications between you and HeadSharp or any other user of the Service, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and HeadSharp. However, this arbitration agreement does not (a) govern any Claim by HeadSharp for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and HeadSharp are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to HeadSharp Performance Corporation, 14 Ridge Road, South River, NJ, 0882. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Service on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at http://www.adr.org
or by calling 1-800-778-7879.
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Massachusetts law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
If you do not want to arbitrate disputes with HeadSharp and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access or use the Service.
Additional Terms for the Service for iOS
The following terms and conditions apply to you only if you are using App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and HeadSharp, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and HeadSharp acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and HeadSharp acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, HeadSharp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and HeadSharp acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.
Choice of Law
These Terms, the Service, and your use hereof, are governed by the laws of New Jersey, without regard to California’s choice of law provisions, and any claim arising out of your use of the Site or Service must be brought in Middlesex County, NJ. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You acknowledge and agree that your use of the services includes your ability to enter into agreements or related transactions electronically. YOUR ELECTRONIC SUBMISSSION TO HEADSHARP ACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BY BOUND BY THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY. In order to access and store your electronic transaction records with HeadSharp, you accept full responsibility for installing required hardware and software.