Terms Of Service

SECTION 1 – WEBSITE USE

The Website is intended for individuals and businesses operated by adults.  If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. 

No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Intentional Sport Performance LLC trademark and logo are proprietary marks of Intentional Sport Performance LLC , and the use of those marks is strictly prohibited.

Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Intentional Sport Performance LLC.
 
Subject to your continued strict compliance with all Terms and additional service contracts, Intentional Sport Performance LLC provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website.  You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws. 

You agree not to use or attempt to use the Website, or any software provided by Intentional Sport Performance LLC, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Intentional Sport Performance LLC.  You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from: 

• HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Intentional Sport Performance LLC’s reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Intentional Sport Performance LLC or any third party;
• “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Intentional Sport Performance LLC’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
• SENSITIVE INFORMATION.  You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Intentional Sport Performance LLC, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information.  Your submission of personal information through the Website is governed by our Privacy Statement.  Our Privacy Statement may be viewed at https://www.ISPStrong.com/privacy-policy.  Intentional Sport Performance LLC reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time.  Our Privacy Statement is incorporated into this Agreement by reference.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS

As a Intentional Sport Performance LLC user, you will be required to create an account with Intentional Sport Performance LLC. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person.  You are responsible for maintaining the confidentiality of any password you may use to access your Intentional Sport Performance LLC user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party.  So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited.

Should your usage data indicate, in Intentional Sport Performance LLC’s sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your Intentional Sport Performance LLC user account or enhanced pricing for your Intentional Sport Performance LLC user account, at Intentional Sport Performance LLC’s sole and exclusive discretion. 

You are fully responsible for all transactions with, and information conveyed to, Intentional Sport Performance LLC under your user account. You agree to immediately notify Intentional Sport Performance LLC of any unauthorized use of your password or user-name or any other breach of security related to your user account.

You agree that Intentional Sport Performance LLC is not liable, and you will hold Intentional Sport Performance LLC harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 18 below for additional information.

SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE

If you order a service or product, payment must be received by us before your order is accepted.  We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed.

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at contact@ISPStrong.com in order to modify or cancel your pending order.  We cannot guarantee that we will be able to amend your order in accordance with your instructions. 

All items and services are subject to availability.  We will notify you if any item is not available or there is no availability for a service, the expected availability date, and may offer you an alternative product or service. 

If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. 

We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.  

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.  

All advertised prices are in U.S. Dollars, and all payments shall be in, U.S. Dollars. 

SECTION 6 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENTS

A Intentional Sport Performance LLC user is responsible for paying all sums due to Intentional Sport Performance LLC in connection with their monthly subscription in accordance with these Terms and any additional service contract. 

The first fee payable in accordance with these Terms (and any service contract) is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus any applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”).
 
Failure by Intentional Sport Performance LLC user to use any of the services available through the service provided by Intentional Sport Performance LLC does not relieve Intentional Sport Performance LLC user of their payment obligations under these Terms and additional service contract. 
 
Potential users can pay by credit card or debit card.  Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. 

You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms (as outlined in detail within applicable service contracts) for the specific service purchased (unless the subscription is cancelled in accordance with these Terms and applicable service contracts) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).  
 
IF YOU ARE A INTENTIONAL SPORT PERFORMANCE LLC USER/CLIENT WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. 

IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO INTENTIONAL SPORT PERFORMANCE LLC, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY E-MAILING CONTACT@ISPSTRONG.COM AT LEAST THIRTY (30) DAYS BEFORE THE PAY DATE OF YOUR NEXT SUBSCRIPTION MONTH.

Intentional Sport Performance LLC reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice).  Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Intentional Sport Performance LLC starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 17 below. 
 
In addition to any Fees, Intentional Sport Performance LLC may also charge applicable value added or other tax.

SECTION 7 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE

Products, services, and prices are generally posted at the following URL, but are subject to change: https://www.ISPStrong.com. Intentional Sport Performance LLC reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.

Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing, or placing an order over the Website, you authorize Intentional Sport Performance LLC to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade.

By your continued use of Intentional Sport Performance LLC services, and unless you terminate your subscription as provided herein, you agree that Intentional Sport Performance LLC may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.

Intentional Sport Performance LLC takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website.  If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. 

When ordering products or services, please note that Intentional Sport Performance LLC does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive.  All sales are deemed final. Intentional Sport Performance LLC’s descriptions of, or references to, products or services not owned by Intentional Sport Performance LLC are not intended to imply endorsement of that product or service or constitute a warranty by Intentional Sport Performance LLC.

SECTION 8 – IMPORTANT DISCLOSURE

Intentional Sport Performance LLC is a publisher and education company. You understand that no content published as part of the Services constitutes a recommendation that any particular training practice, nutritional advice or any other health/wellness/fitness/performance related advice is suitable for any specific person.

You further understand that none of the creators or providers of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular training practice, nutritional advice or any other health/wellness/fitness/performance related advice or other matter.

Accordingly, do not attempt to contact them seeking personalized advice, which they cannot provide. To the extent any of the content published as part of the Services may be deemed to be fitness/performance advice, such information is impersonal and not tailored to the fitness/performance needs of any specific person.


You understand that the views expressed in the Services are the authors’ own opinions. The Services may contain opinions from time to time regarding practice mentioned in other Services, and that those opinions may be different from those obtained by using another portion of the Services.

Fitness/Performance training (including, without limitation, rehab training, nutritional advice, and any other health/wellness associated advice or service) involves risk, trial and error, and inconsistent or unexpected results. Past results are not necessarily indicative of future performance.


You understand and agree that certain of Intentional Sport Performance LLC’s affiliates and employees may, from time to time, have other vested interests, and may take positions inconsistent with the views expressed.


Third-Party Content is not subject to Intentional Sport Performance LLC’s policies and therefore the preceding paragraph does not apply to Third-Party Content, Intentional Sport Performance LLC makes no representations regarding Third-Party Content, nor is Intentional Sport Performance LLC liable for Third-Party Content.


You understand that data and research is supplied by sources believed to be reliable, that the calculations and assumptions therein are made using such data, and that such calculations or assertions are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. In addition, past performance is not an indication of future results.


From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets/industries/research/best practices change continuously, previously published information and data may not be current and should not be relied upon.

SECTION 9 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

Intentional Sport Performance LLC is pleased to hear from users and customers and welcomes your comments regarding our content, services and products. 

Intentional Sport Performance LLC may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. 

Testimonials may be used for any form of activity relating to Intentional Sport Performance LLC’s content, services or products, in printed and online media, as Intentional Sport Performance LLC determines in its sole and exclusive discretion.

Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products.  As set forth above in Section 8, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond Intentional Sport Performance LLC’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Intentional Sport Performance LLC a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them. 
 
Additionally, Intentional Sport Performance LLC reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use.  Intentional Sport Performance LLC shall be under no obligation to use any, or any part of, any testimonial or product review submitted. 

SECTION 10 – DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:  
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THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.

WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT:

(A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 



ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You agree to protect, defend, indemnify and hold harmless Intentional Sport Performance LLC its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct.

Your indemnity obligation includes, but is not limited to, any third-party claim against Intentional Sport Performance LLC for liability for payments for, damages caused by, or other liability relating to, You.

SECTION 11 – LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL INTENTIONAL SPORT PERFORMANCE LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER INTENTIONAL SPORT PERFORMANCE LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS.

THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.  THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. 

IN NO EVENT SHALL INTENTIONAL SPORT PERFORMANCE LLC’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO INTENTIONAL SPORT PERFORMANCE LLC FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST INTENTIONAL SPORT PERFORMANCE LLC OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.

SECTION 12 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR OR YOUR BUSINESS’ RIGHTS.  EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. 

YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.  YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.  HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at Contact@ISPStrong.com to attempt to resolve the dispute or controversy informally.

Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. 

We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 14 and 15 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Boulder County, Colorado, unless we both agree to conduct the arbitration by telephone or written submissions.

The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. 

The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale.

The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Intentional Sport Performance LLC.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.  In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Colorado without regard to its conflicts of laws principles.  Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.  Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and Intentional Sport Performance LLC agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Intentional Sport Performance LLC expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
  
This provision survives termination of your account or relationship with Intentional Sport Performance LLC, bankruptcy, assignment, or transfer.  If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply.  If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 13 – INTENTIONAL SPORT PERFORMANCE’S ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to Intentional Sport Performance LLC, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Intentional Sport Performance LLC or a third-party, Intentional Sport Performance LLC shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Boulder County, Colorado restraining such breach, threatened breach, infringement, or threatened infringement. 

Nothing in this Agreement shall be construed as prohibiting Intentional Sport Performance LLC from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Boulder County, Colorado for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 14 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Intentional Sport Performance LLC, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, content, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, additional service contracts, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

SECTION 15 – NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Intentional Sport Performance LLC a notice requesting that Intentional Sport Performance LLC remove the materials or content from the Website. 

If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Intentional Sport Performance LLC a counter-notice. Notices and counter-notices should be sent to Intentional Sport Performance LLC, Attention Legal Department, 205 Ken Pratt Blvd, Suite 120 PMB 1015, Longmont, CO 80501-8998 or by e-mail to Contact@ISPStrong.com.

The Terms fully incorporate by reference the DMCA Policy.

SECTION 16 – THIRD-PARTY LINKS

The Website may contain links to other websites.  Intentional Sport Performance LLC assumes no responsibility for the content or functionality of any non-Intentional Sport Performance LLC website to which we provide a link. 

Please see our Privacy Policy located on our website by clicking the Privacy Policy link at the bottom of any page. You can also use this link to be taken to our privacy policy for more details: https://www.ispstrong.com/privacy-policy

SECTION 17 – TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “SUBMIT NOW” “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. 

If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Intentional Sport Performance LLC or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 8, 9, 10, 12 through 18, and 21 through 28 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Intentional Sport Performance LLC.

Upon termination, you remain responsible for any outstanding payments to Intentional Sport Performance LLC.

SECTION 18 – NO WAIVER

No failure or delay on the part of Intentional Sport Performance LLC in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. 

A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Intentional Sport Performance LLC.

SECTION 19 – GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement. or any matter concerning Intentional Sport Performance LLC, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Colorado without regard to its conflicts of laws principles. 

To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Boulder County, Colorado, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. 

All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

SECTION 20 – FORCE MAJEURE

Intentional Sport Performance LLC will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.  

SECTION 21 – ASSIGNMENT

Intentional Sport Performance LLC may assign its rights under this Agreement at any time, without notice to you.  Your rights arising under this Agreement cannot be assigned without Intentional Sport Performance LLC’s (or its assigns’) express written consent.

SECTION 22 – ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication.  When you communicate with Intentional Sport Performance LLC through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. 

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.  

SECTION 23 – CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time at Terms.  We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement by posting updates and changes to our Website.  It is your responsibility to check our Website periodically for changes.  Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 24 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. 

You further represent that Intentional Sport Performance LLC has the right to rely upon all information provided to Intentional Sport Performance LLC by you, and Intentional Sport Performance LLC may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. 

If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Intentional Sport Performance LLC of the same within 24 hours.  Intentional Sport Performance LLC, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Intentional Sport Performance LLC without incurring any obligation or liability to you.

SECTION 25 – SEVERABILITY 

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 26 – ENTIRE AGREEMENT

These Terms, the Agreement, additional service contracts, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Intentional Sport Performance LLC and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Intentional Sport Performance LLC. 

We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, additional service contracts, and any policies or operating rules posted by us on the Website.

Any ambiguities in the interpretation of these Terms or the Agreement, additional service contracts, shall not be construed against the drafting party.

SECTION 27 – CONTACTING US

We encourage our customers to contact us with questions or comments about our products and services.  Please feel free to do so by sending an e-mail to Contact@ISPStrong.com.
 
If you have any questions or inquiries concerning any of the Terms, you may contact Intentional Sport Performance LLC by email at Contact@ISPStrong.com or by regular mail at 205 Ken Pratt Blvd, Suite 120 PMB 1015, Longmont, CO 80501-8998.
   
For additional inquiries, please feel free to send an email to the relevant address listed below.

Compliance: Contact@ISPStrong.com.
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Spam or Abuse: Contact@ISPStrong.com.
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For General Support and Inquiries: Contact@ISPStrong.com.

‍Notices to you may be made by posting a notice (or a link to a notice) on Terms by email, or by regular mail, at Intentional Sport Performance LLC’s discretion.