These Terms and Conditions (“Terms”) are between you (whether you’re an individual, organization or entity) and Rugby Nation, LLC. (that’s us, “Atavus”) and speak to our respective rights and obligations through your use of website(s) we own and operate (our “Website”), and the services and features, including our proprietary training portal, Atavus Tackling System™ (collectively the “Services”) available through the Website.
Minimum Age Requirements. While you may use and access the Website at any age, you must be 14 years of age or older to participate in certain Services available on the Website, including creating an Atavus account. By creating an account, you represent that you are a Member. Members must read, understand, and have the legal capacity to agree to be bound by these Terms. If you’re just browsing the Website and are below 14 years old, at least one of your parents or legal guardians must read, understand and agree to be bound by these Terms on your behalf.
Use and Access.
- Proprietary Property: Unless otherwise indicated, the Website, Services and all content and other materials on the Website or available through the Service, including the Atavus logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of Atavus or its clients, licensors or specific users and are protected by U.S. and international copyright and/or other intellectual property laws.
- Limited License to Website: You are granted a limited, non-sublicensable license to access and use the Website and access certain of the Services and electronically copy, and print to hard copy (except where prohibited without a license), portions of the Materials for your informational, non-commercial and personal use only.You acknowledge this is a limited license and You are expressly prohibited from
You acknowledge this is a limited license and You are expressly prohibited from
- any resale or commercial use of the Website, Services or the Materials;
- the collection and use of any product listings, pictures or descriptions;
- the distribution, public performance or public display of any Materials;
- modifying or otherwise making any derivative uses of the Website, Services and/or the Materials, or any portion thereof;
- use of any data mining, robots or similar data gathering or extraction methods;
- downloading of any portion of the Website, Service and/or the Materials or any information contained therein, except as expressly permitted on the Website; or
- any use of the Website, Service or the Materials other than for its intended purpose. Atavus does not grant any license to intellectual property rights held by Atavus or not, whether by estoppel, implication or otherwise, and can revoke the limited license, at any time and without notice.
Member Accounts. In order to access certain Services, you must become a Member by creating an online account (your “Account”). If you want to set up an account now, go here. If you want to terminate your Account (which you may do at any time and for any reason) follow the Account termination procedures on your dashboard, or email email@example.com. If we see something that does not comply with these Terms, we may terminate your Account at any time, and without warning. These Terms remain in effect while you are a Member, and survive after termination of your Account. By registering as a Member you agree to:
- Provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”);
- Maintain the security of your password and identification and inform Atavus immediately, about security breaches to your account or Registration Data;
- Maintain and promptly update the Registration Data, and any other information you provide to Atavus, to keep it accurate, current and complete; and
- Refrain from merging Member Accounts under any circumstances.
By creating an Account, you acknowledge that you have also read and agree to all of the terms, conditions and rules set forth in Atavus’ Membership Agreement (“Membership Agreement”) and Subscription Terms.
User Content. The Website and Services permit the submission, posting and transmission of content on or through the Website (“User Content”). User Content may be in the form of Assessment Content or Other Submissions, as defined below. Members are solely responsible for the User Content posted through their Account on the Website and Services.
Assessment Content: Members may be able to upload User Content to the Atavus Tackling System™ for the purposes of obtaining assessment and analysis information (“Assessment Content”). Assessment Content may be reviewed and rated by Atavus’ certified analysts and coaches only. In addition to these Terms, all Assessment Content shall be subject to the Membership Agreement, incorporated in these Terms by reference. You should read these documents carefully submitting any Assessment Content, as they create and grant certain rights, obligations and restrictions regarding your User Content.
Other Submissions: You acknowledge and agree that any User Content other than Assessment Content, including questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or information regarding the Website, Atavus or Atavus’s products or services, that are posted on the Website or otherwise provided by you in the form of e-mail or other submissions to Atavus (collectively, “Other Submissions”), are non-confidential as between you and Atavus and shall become the sole property of Atavus. Atavus shall own, and you assign to Atavus, all right, title and interest, including all intellectual property rights, in and to such Other Submissions and shall be entitled to the unrestricted use and dissemination of these Other Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Atavus (in its sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Atavus of such Other Submissions.
You agree not to submit, post, upload to, transmit, distribute, store, create or otherwise publish through the Website User Content that:
- Is unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, lewd, sexually explicit, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Describes, references, or otherwise communicates violent, dangerous, illegal, and/or criminal acts;
- Describes, references, or otherwise communicates hate or discrimination concerning gender, sexual orientation, race, religion, or nationality;
- Is copied from another Website user;
- Is harmful to children in any way;
- Is harmful to, infringes upon or degrades the goodwill associated with the intellectual property, including patents, trademark(s), copyright, and trade dress, and other proprietary property, or the name(s) of Atavus, its users and Members, or any company participating with Atavus in any Project, or of any of Atavus’s products or services;
- Fails to secure all necessary releases and permissions required to grant the licenses granted under the Membership Agreement, including without limitation, valid name, likeness and/or model releases for User Content depicting recognizable people (living or dead) and private properties, and all written permission regarding all distinguishable trademarks other than trademarks provided by Atavus or any company participating with Atavus in any Project;
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Amounts to unsolicited promotions, political campaigning, advertising or solicitations;
- Is the private information of any third party, including without limitation addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
- Is or contains viruses, corrupted data or other harmful, disruptive or destructive files; or
- Is, in the sole judgment of Atavus, objectionable, or which restricts or inhibits any other person from using or enjoying the Website, or participating in or enjoying any Competition, or which may expose Atavus, its Website users, or any company participating with Atavus in any Competition, to any harm or liability of any type.
The rules above are called the “User Content Rules”, and failing to follow them means also violating these Terms. This may result in, among other things, the termination or suspension of your rights to use the Website, and participate in the Projects or otherwise access or use the Services.
Repeat Infringer Policy: In accordance with the DMCA and other applicable laws, Atavus has adopted a policy of terminating Member Accounts, in appropriate circumstances and at Atavus’s sole discretion, of those Members who are deemed to be repeat infringers. Repeat infringers for the purposes of these Terms are those users or Members who have received at least one warning notice from Atavus. Atavus may also, at its sole discretion, limit access to the Website and/or terminate any Accounts of any users or Members who infringe any intellectual property rights belonging to Atavus or others, whether or not there is any repeat infringement. Although Atavus does not routinely review Other Submissions and has no obligation to review, screen, edit or monitor any of the User Content posted on the Website, we want to make sure the Website is a safe and enjoyable experience for all. Atavus reserves the right, and has absolute discretion, to review, remove, reject, disable access to, screen or edit any User Content posted or stored on the Website or the Services at any time and for any reason without notice.
Hyperlinks & Third Party Content. The Website and Services may at times contain third party hyperlinks that will direct you away from Atavus.com. Atavus is not responsible for the quality, content, nature or reliability of third-party hyperlinks or advertisements on the Website. We provide these links only as a convenience to the user. You should review third party websites’ applicable terms and policies, including privacy and data gathering practices.
DMCA & Copyright Policy. Atavus respects copyright law and expects its users to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Website infringes their rights under U.S. copyright law. If you think that anything on the Website infringes upon any copyright that you own or control, you may file a written notification of such infringement with our Designated Copyright Agent to:
1560 1st Ave S.,
Seattle, WA 98134
E-Mail Address of Designated Agent: firstname.lastname@example.org
Telephone Number of Designated Agent: +1 206-695-2605
Please provide us the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Atavus provides the above contact information for purposes of DMCA notices only – no fan mail here please! Please note that the information provided in your notification, including any personal information, may be forwarded to the person who you think has created or displayed the allegedly infringing content. We may give notice of a claim of copyright infringement to you by means of a general notice on the Website, email, or by letter.
Trademarks. Atavus, the Atavus logos and any other product or service name or slogan on the Website are trademarks of Atavus and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Atavus or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “ATAVUS” or any other name, trademark or product or service name of Atavus without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, and/or trade dress of Atavus and may not be copied, imitated or used, in whole or in part, without our prior written permission by Atavus. All other trademarks, registered trademarks, and product names mentioned on the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Indemnification. You agree to defend, indemnify and hold harmless Atavus, its subsidiaries, affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website, your use of and conduct on the Website, or your violation of the Terms, Membership Agreement, or any other Atavus terms, policies, or agreements concerning the Website and Services, including without limitation any actual or threatened suit, demand or claim made against Atavus and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
Disclaimer. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY ATAVUS, THE WEBSITE, WEBSITE MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ATAVUS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE WEBSITE. ATAVUS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ATAVUS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ATAVUS RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED IN THE WEBSITE AND ANY SERVICES OFFERED THROUGH THE WEBSITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY ATAVUS.
Limitation of Liability. ANY TRAINING MATERIALS OR OTHER INFORMATION FOUND ON OUR WEBSITE, OUR PRODUCTS OR OUR SERVICES APPLY TO PHYSICALLY DEMANDING AND POTENTIALLY DANGEROUS ACTIVITIES, AND ARE INTENDED ONLY FOR EDUCATIONAL PURPOSES, TO BE USED IF YOU ARE IN GOOD PHYSICAL CONDITION, AT YOUR OWN RISK. NOTHING CONTAINED THEREIN PURPORTS TO CREATE, OFFER OR ASSIST IN MAKING SUCH PHYSICAL ACTIVITY SAFER. ATAVUS ACCEPTS NO LIABILITY FOR YOUR USE OF THE INFORMATION OR MATERIALS.
IN NO EVENT SHALL ATAVUS, ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ATAVUS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ATAVUS’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ATAVUS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ATAVUS FOR ACCESS TO OR USE OF THE WEBSITE.
Dispute Resolution, Applicable Law and Venue. In the event of a dispute, claim or controversy between you and Atavus, arising out of or relating to these Terms, you agree to the following dispute resolution policy: Start by notifying us of your dispute by sending a notice to email@example.com.
- Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.
- Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each party is responsible for paying its own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Termination. Notwithstanding any of these Terms, Atavus reserves the right, without notice and in its sole discretion, to terminate your license to use the Website and Services, and to block or prevent future your access to and use of the Website and Services.
Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information. If you have other questions or comments about the Website or its contents please email us at firstname.lastname@example.org.
Last Updated: June 9, 2016