Terms of Service

Corsa Athletics, Inc. TERMS OF USE/USER AGREEMENT

This User Agreement (“Agreement”) constitutes a legal agreement between you, an individual, whether your a user or an athlete (“you” or “User”) and Corsa Athletics, Inc., a Delaware Corporation (“Us” “We” “Corsa Athletics” or “Corsa Athletics”). Corsa Athletics is an online marketplace for fitness information that enables athletes a platform to create and sell their fitness workout plans and content while giving the user a location to find, purchase, and use those plans through our Services. The Corsa Athletic Services are provided through our website,  https://corsa-athletics.com), related mobile applications and all related subdomains (collectively the “Corsa Athletic Services” or “Services”). The above-identified website is referred to as the “Website” or “Site.” 

You desire to enter into this Agreement for the purpose of accessing and using the Corsa Athletics Services. You acknowledge and agree that Corsa Athletics is a technology services provider that does not provide athlete training workout programs, plans and content. Please read the Terms of Use carefully before you start to use the Services. By using the Service, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference (“Privacy Policy“) available at https://corsa-athletics.com/privacy-policy). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

IMPORTANT: PLEASE NOTE THAT TO USE THE CORSA ATHLETIC SERVICES, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. BY VIRTUE OF YOUR ELECTRONIC EXECUTION OF THIS AGREEMENT, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE APPLICATION OR ANY SERVICES PROVIDED BY US.

This Website and Services are offered and available to users who are 18 years old or older. By using this Website or Services you represent and warrant that you are of legal age to form a binding contract with Corsa Athletics. If you are not 18 years old or older, you must not access or use the Website or Services.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.

This User Agreement may be modified from time to time, so check back often. If we make a material change to this User Agreement, we will also post on the Corsa Athletics Services a prominent notice that a change was made. Continued access, visitation and/or use of the Corsa Athletics Services by you, or continued receipt of a Product, will constitute your acceptance of any changes or revisions to the User Agreement.

1. Definitions

1.1 “Corsa Athletic Services” mean the services licensed by Corsa Athletics to you that enable you through the Services to offer, seek, receive and pay for Athlete Services and content; such Corsa Athletics Services include access to the User App and Corsa Athletics’s software, websites, payment services as described in Section 7 below, and related support services systems, as may be updated or modified from time to time. Corsa Athletic Services includes the App and User App.

‍1.2 “Corsa Athletics Data” means all data related to the access and use of the Corsa Athletics Services hereunder, including all data related to Users (including User Information), all data related to Athletes and to the provision of Athlete Services via the Corsa Athletics Services and the User App.
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1.3 “Device” means a mobile telecommunications device.

‍1.4 “Term” is as defined in Section 12.1.

‍1.5 “Athlete” means an independent provider of athletic training workout fitness programs and content (collectively the “Plans”) using the Corsa Athletics Services.

‍1.6 “Athlete Services” means an athlete’s provision of its Plans through the Corsa Athletics Services.

‍1.7 “Athlete Content” means any writings of any kind Athlete posts to the Services in response to any User Review. Athlete Content also means any information including writings, pictures, videos, charts and diagrams posted by an Athlete to the Services related to any Plan offered as part of any Athlete Services.

‍1.8 “User” means you or any other end user, which includes Users and Athletes authorized by Corsa Athletics to use the User App for the purpose of obtaining Plans offered by Athletes through the Corsa Athletic Services.

‍1.9 “App” or “User App” means the mobile application provided by Corsa Athletics that enables you to access the Corsa Athletics Services for the purpose of seeking, receiving and paying for on-demand requests for Athlete Services, as may be updated or modified from time to time.

‍1.10 “User Information” or “User Content” means information about you or any other User, including Athletes made available to users and athletes in connection with such User’s request for and use of Athlete Services, which may include the User’s name, Athlete’s name or business name, contact information, purchase history, preferred type of exercise, workout or exercise programs or content posted on the Services by a user or Athlete.

‍1.11 “Your Device” means a Device owned or controlled by you: (a) that meets the then-current Corsa Athletics specifications for Devices; and (b) on which the User App has been installed as authorized by Corsa Athletics solely for the purpose of obtaining Athlete Services.

2. CERTAIN USE LIMITATIONS

The website is offered to you free of charge to view, while other Services, including accessing Athlete Services through Our Services are fee based. Corsa Athletics grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use only the Web pages within this site as a user, customer or potential customer of the Services provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Web site and/or the Services.) All other use of this site is prohibited. All rights not expressly granted herein are reserved.  Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Corsa Athletics Service, Corsa Athletics grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Corsa Athletics Services for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the Corsa Athletics Services. This license grant is subject to you agreeing to and abiding by the Corsa Athletics Intellectual Property and DMCA Policy, which forms a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Corsa Athletics. You shall also not sell, license, share or market any fitness workout programs for any commercial purposes you purchase from any Athletes while using the Services. You may not copy, modify, distribute, sell, or lease any part of our Website or Services, nor may you reverse engineer, decompile or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so. Except for the limited permission in the preceding paragraphs, Corsa Athletics does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control. You agree that at any time in our sole discretion, without notice to you and without liability of any kind, we may make improvements and/or changes to this Website, restrict or terminate your access to or use of any part or all of the Website, or refuse, move, or remove any material that you submitted to the Website.  You represent, warrant, and agree that any information or materials you submit to or post on the Website (a) shall be true, accurate, and current; (b) will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy, or Fair Housing right; (c) will not be fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) will not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another's use of the Website; (d) will not promote illegal or harmful activities; and (e) will not be illegal, unlawful or contrary to any applicable laws or regulations where created, displayed, or accessed. You agree not to (and not to assist any third party to): (a) engage in commercial use of the Website or Services or any content on the Website or Services; (b) reproduce, copy, display, screen grab, takes pictures or videos of, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, reverse engineer, decompile, create derivative works, or otherwise use any portion of the content or Software offered on the Website or Services for other than your own personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or any content or other material obtained via the Website or any services on the Website; (d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website, such as for purposes of constructing or populating a searchable database of business or property reviews; (e) collect or harvest any information about other users for any purpose; (f) reformat or frame any portion of the web pages that are part of the Website; (g) create user accounts by automated means or under false, misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as “spam” to other users or otherwise interfere with other users’ enjoyment of the Website; (i) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (j) use the Website to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material, including any material that may be deemed threatening or obscene; (k) copy or modify the HTML code used to generate web pages on the Website; (l) use any device, software or procedure that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (m) take any action that imposes an unreasonable or disproportionately large load on our IT infrastructure; (n) modify, adapt, translate, or reverse engineer any portion of the Website; (o) use the Website to violate any law or regulation, including but not limited to Fair Housing laws and regulations, or (p) use the Website for any purpose that is unlawful or prohibited or unauthorized by these Terms of Use.

3. USE OF SERVICE; NO MEDICAL ADVICE

You understand that our Services are intended for use only by individuals healthy enough to perform strenuous exercise and follow a general nutrition plan and, may not be suitable or recommended to all individuals, including but not limited to, pregnant women or people who suffer from an underlying medical condition or who have special dietary needs. Furthermore, in becoming a user of the Services, you affirm that a physician has specifically approved your use of the Services, or that all of the following statements are true:

no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;

you have never felt chest pain when engaging in physical activity;

you have not experienced chest pain when not engaged in physical activity at any time within the past month;

you have never lost your balance because of dizziness and you have never lost consciousness;

you do not have a bone or joint problem that could be made worse by a change in your physical activity;

your physician is not currently prescribing drugs for your blood pressure or heart condition;

you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;

you are not pregnant, breastfeeding or lactating;

you do not have a condition of high-cholesterol, diabetes, obesity or arthritis; and

you do not know of any other reason you should not exercise or follow a general nutrition plan.

BEFORE USING OUR SERVICES, YOU SHOULD CONSULT YOUR DOCTOR OR OTHER PROFESSIONAL HEALTHCARE PROVIDER. THE USE OF ANY INFORMATION OR PROGRAMS PROVIDED ON THE SERVICES IS SOLELY AT YOUR OWN RISK. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

IF AT ANYTIME DURING YOUR USE OF THE CORSA ATHLETICS SERVICES YOU DO NOT FEEL WELL, MAKE SURE YOU STOP IMMEDIATELY AND SEEK MEDICAL ADVICE OF A MEDICAL PROFESSIONAL IF REQUIRED.

THE CONTENT AVAILABLE VIA THE SERVICES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER CORSA ATHLETICS  NOR ITS AFFILIATES OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. OUR RECOMMENDED WORKOUT PLANS AND EXERCISES OR NUTRITION PLANS, EVEN IF THEY ARE TAILORED TO INDIVIDUAL USERS, SHOULD NOT BE MISCONSTRUED AS MEDICAL ADVICE, DIAGNOSES OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

WE ARE NOT A HEALTHCARE PROVIDER OR BUSINESS ASSOCIATE OF A HEALTHCARE PROVIDER OR COVERED ENTITY AND ARE NOT SUBJECT TO THE PRIVACY RULE OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA).

Assumption of Risk. You should always consult your physician or other healthcare provider before starting an exercise program. You represent and warrant that You have no medical or physical condition or history which would prevent You from participating in physical exercise. You acknowledge and agree that there is a risk of injury associated with participating in physical exercise and using the Corsa Athletics Services. You hereby assume full responsibility for any and all injuries, losses and damages that you incur while exercising or otherwise participating in the Corsa Athletics Services. You hereby waive all claims against Corsa Athletics and their respective Affiliates for any and all injuries, claims or damages that you might incur as a result of using the Corsa Athletics Services.

Neither Corsa Athletics or its Affiliates will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of the workout plans or exercises or nutrition plans recommended by Athletes while using the App or Services. 
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NO RESPONSIBILITY FOR ATHLETES Through our Sites and Services, athletes may provide information, services and content. You acknowledge that you are solely responsible for your selection of any athlete or other third party you choose to assist you with your training, workouts, exercise, or fitness (your “Athlete”) and for any advice, athlete, training, or other services you receive from that athlete (“Athlete Services”). We are not responsible for any Athlete Services, whether or not the athlete uses the Site, App or Services to assist them in providing you with any Athlete Services. We have no control over, are not responsible for, and do not provide support or maintenance for, any athlete or and Athlete Services. Separate and apart from these Terms of Use, your access to and use of any Athlete Services may also be subject to any other agreement you have entered into (or enter into) with your athlete in addition to this Agreement (a “Athlete Agreement”). Notwithstanding any Athlete Agreement, these Terms of Use will continue to apply to your use of the Site, App and all Services. Any Athlete Agreement will apply separately to any Athlete Services you receive from an athlete and is separate and independent from the Services you may receive from us under these Terms of Use.

4. Use of the Corsa Athletics Services

4.1 REGISTRATION: Registration and setting up an Corsa Athletics account is free to Users and you are required to view most User Data/Material provided as part of the Services, to use certain functionality of the Services, to post User Data/Material, and to participate in programs we may sponsor from time to time. All users of the Services who wish to schedule or participate in a session with an Athlete through the Services must register. 

‍4.2 To register, you will have to create a Corsa Athletics account. You will be asked to register with Corsa Athletics and select a password and username (for example, “Corsa Athletics Member1”). You shall provide Corsa Athletics with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Corsa Athletics account. You may not (i) select or use, as a user name, a name of another person with the intent to impersonate that person; (ii) use, as a username, a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. Corsa Athletics reserves the right to refuse registration of, or cancel an Corsa Athletics account in its sole discretion. You are solely responsible for the activity that occurs on your Corsa Athletics account, and you must keep your Corsa Athletics account password secure. You must notify Corsa Athletics immediately of any breach of security or unauthorized use of your Corsa Athletics account. Although Corsa Athletics will not be liable for your losses caused by any unauthorized use of your Corsa Athletics account, you may be liable for the losses of Corsa Athletics or others due to such unauthorized use. All registration information provided by you shall be subject to Corsa Athletics’s Privacy Policy or any successor thereto. 
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4.3 Provision of Athlete Services. When an Athlete is active using the App, User requests for Athlete Services may appear to the Athlete via the App. Corsa Athletics Services will provide the Athlete with certain User Information about you including your name and user name via the Athlete App, including your first name. You shall not contact any Athletes for any reason other than for the purposes of seeking Athlete Services using the Corsa Athletics Services.

5. Financial Terms

5.1 Fee Calculation and Your Payment. Each Athlete is entitled to charge a Fee for each Plan provided to you that are obtained by you via the Corsa Athletic Services (“Fee”). The Fee for each Plan charged for each user shall be determined by each individual athlete, as applicable. You acknowledge and agree that payment made by you to Corsa Athletics (or to an Affiliate of Corsa Athletics acting as an agent of Corsa Athletics) shall be considered the same as payment made directly to the Athlete, as applicable. Corsa Athletics receives a percentage of the fee paid by each user using the App who purchases a Plan offered by Athletes via the Services (the “booking fee”). Corsa Athletics shall pay Athletes all of their fees earned by offering Plans through the Corsa Athletic Services directly from the monies paid by Users when obtaining a Plan through the Corsa Athletic Services less the booking fee.The booking fee amounts will vary depending on the amount of sales that an Athlete makes each month using the Corsa Athletic Services.  If an Athlete reaches a certain amount of sales in a given month, then Corsa Athletics booking fees will decrease. Unless otherwise stated, the minimum amount that Corsa Athletics will collect as a Booking Fee is 10%. 

‍5.2 Additional Fees.  Corsa Athletics is entitled to charge an additional processing fee onto each Plan sold by any Athlete. This fee will be paid by the user that is purchasing an Athlete’s Plan. This additional processing fee is implemented to offset the fees charged by third-party platforms.

6. BILLING

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Corsa Athletics Services (your “Billing Account”) for use of the Payment Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Payment Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Payment Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

‍6.1 Taxes. Notwithstanding anything to the contrary in this Agreement, Corsa Athletics may in its reasonable discretion, based on applicable tax and regulatory considerations, collect and remit taxes resulting from your acceptance of Instructor Services.
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6.2 Receipts. As part of the Corsa Athletics Services, Corsa Athletics will update your order history to show a receipt with the workout plan as an item with an associated price and date/time. It may include specific information about your Athlete. Any corrections to a User’s order update for Athlete Services must be submitted to Corsa Athletics in writing within four (4) business days after the completion of such Athlete Services. Absent such a notice, Corsa Athletics shall not be liable for any mistakes in or corrections to the receipt or for recalculation or disbursement of the Fee.

7. Your Relationship with Athletes.

7.1 You acknowledge and agree that your acceptance of Athlete Services creates a direct business relationship between you and the Athlete. Corsa Athletics is not responsible or liable for the actions or inactions of an Athlete in relation to you, or your activities. You shall have the sole responsibility for any damages or liabilities that arise from your acceptance of Athlete Services. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper regarding any acts or omissions of an Athlete, or other third party, including taking all reasonable safety precautions when meeting Athletes.

‍7.2 Corsa Athletics is not responsible or liable for the actions or inactions of a User in relation to you, or your activities. You shall have the sole responsibility for any damages or liabilities that arise from your providing Athlete Services to a User. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper regarding any acts or omissions of a User, or other third party, including taking all reasonable safety precautions when meeting Users.

‍7.3 BE ADVISED THAT CORSA ATHLETICS DOES NOT CONDUCT ANY CRIMINAL BACKGROUND CHECKS ON ANY USERS OR ATHLETES THAT HAVE REGISTERED TO USE THE APP AND SERVICES AND YOU AGREE THAT CORSA ATHLETIC IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OR ACTIONS OF ANY USER OR ATHLETE THAT HAS REGISTERED TO USE THE SERVICES OR APP THAT YOU MAY COME IN CONTACT WITH IN SEEKING OR OFFERING ATHLETE SERVICES. 

7.4 Be advised that Corsa Athletics does not verify that an Athlete has registered or incorporated their business with any state or governmental entity, nor shall Corsa Athletics verify the credentials, education or certificates that any Athlete on the App says they have earned or obtained. It is up to you to independently verify this information. 

‍7.5 If you are the Athlete using the Services, you agree that you will not use the Services to advertise for or promote any Athlete Services that: contains inaccurate, false, or misleading information about your education or abilities as a Athlete or contains content that violates applicable laws; 

‍7.6 When using the Services, you are responsible for ensuring that your use of the Services is in compliance with all applicable laws in the states where you are seeking to Offer or Receive Athlete Services. 

WE OFFER NO GUARANTEES OR WARRANTIES THAT THE RESULTS OF USING THE CORSA ATHLETIC SERVICES WILL MEET ANY OF YOUR REQUIREMENTS OR PRODUCE ANY RESULTS.

8. USER CONDUCT.

As a condition of use, you agree not to use the Services for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the Service is expressly prohibited.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Data/Material using any communications service or other service available on or through the Service, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or (ii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or (iii) misrepresents the source or identity of any content; or (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) or a chain letter, a pyramid scheme or any other similar solicitation; or (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Corsa Athletics or any third party; or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Corsa Athletics; or (vii) constitutes an offer, for sale or otherwise, of firearms, explosives, weapons, tobacco products, controlled substances, pharmaceutical products, counterfeit or stolen articles, registered or unregistered securities, or any items that would cause Corsa Athletics to violate any applicable law or regulation; or (viii) interferes with the ability of any other user to access and make use of the Service. Corsa Athletics may, but has no obligation to, monitor your use of the Service and terminate your account for violation of the above.

Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in Corsa Athletics’s sole discretion, an unreasonable or disproportionately large load on Corsa Athletics’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Corsa Athletics may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or (iv) interfere with any other user’s enjoyment of the Service, including, without limitation, accessing an Corsa Athletics account of an Corsa Athletics user that is not yours.You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Services or any content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer or sublicense any of the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.

You shall not launch or otherwise use any robot, spider, scraper or other automated means to create an account or access the Service in a manner which sends more request messages to the Corsa Athletics server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials; provided, that we reserve the right to revoke these exceptions either generally or in specific cases.You agree that you will not harvest or collect information from the Service, including, without limitation, information about other users of the Service. The use of any information learned through the Service or while in the App or the Site is limited to the express purposes set forth in these Terms; all other uses are strictly prohibited. Corsa Athletics offers no warranties and disclaims any liability for: (i) any profiles created by any Athletes found on the App and any of the content, pictures, images or videos contained in any such Athlete profiles, and all fitness workout programs provided by Athletes. If you believe that anything contained in an Athlete’s profile is inaccurate, misleading, inappropriate or illegal the user is to immediately report such conduct to admin@corsa-athletics.com; and (ii) any conduct that occurs between a user and Athlete. The Athlete acknowledges and agrees that the Athlete can not require Corsa Athletics to place the Athlete on its App. The Athlete further acknowledges and understands that the Athlete is not a User of Corsa Athletics and cannot refer to itself as a User of Corsa Athletics. The Athlete and its current or former owners, directors, managers, employees, agents and family members are expressly prohibited from purchasing gift memberships to Corsa Athletics or reimbursing Users or customers for their Corsa Athletics membership cost. In addition, individuals affiliated with the Athlete including, without limitation, current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors (collectively, the “Affiliated Persons”) may not submit User Content to Corsa Athletics on the App. The Athlete hereby acknowledges and agrees that to the extent an Affiliated Person has submitted or posted any User Content on the App or any App or person competitive to the App, or believes that User Content was posted by an Affiliated Person that Corsa Athletics may immediately remove such User Content without notice or recourse against Corsa Athletics.

8.1 Athlete Content shall not contain any unauthorized content which includes but is not limited to:a. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.);b. Comments that do not address the User Content or comments with no qualitative value as determined by Corsa Athletics in its sole discretion;c. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;d. Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;e. Language that violates the standards of good taste or the standards of the App, as determined by Corsa Athletics in its sole discretion;f. Content determined by Corsa Athletics, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;g. Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/orh. Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.The Athlete acknowledges and agrees that Corsa Athletics in its sole discretion may remove without notice any Athlete Content or any portion thereof that Corsa Athletics believes violates the foregoing.

8.2 Corsa Athletics may suspend, restrict or terminate the Athlete’s use of the App and Corsa Athletics Services or any portion thereof if the Athlete breaches or fails to comply with any of the Terms and Conditions of this Agreement.

8.3 Although Corsa Athletics does not claim ownership of any Athlete Content or other communications or materials submitted by or given by the Athlete to Corsa Athletics, by providing Athlete Content for the App or other mediums, the Athlete automatically grants, and the Athlete represents and warrants that the Athlete has the right to grant, to Corsa Athletics an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such Athlete Content and to prepare derivative works of, or incorporate into other works, such Athlete Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Corsa Athletics with Athlete Content, the Athlete automatically grants Corsa Athletics all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of Athlete Content on the App, Corsa Athletics Services or in any other medium by any other party. No compensation will be paid with respect to Corsa Athletics’s use of Athlete Content. Corsa Athletics is under no obligation to post or use any of Athlete Content or maintain Athlete Content. Corsa Athletics may remove Athlete Content at any time in Corsa Athletics’s sole discretion.

8.4  USER DATA/ MATERIAL. The Corsa Athletics Services may enable you to make content available to other users of the Corsa Athletics Services, such as users or athletes with whom you choose to work out, your physician, and to access content made available by such persons or other users of the Corsa Athletics Services as you may direct. “User Data/Material” is any material you provide through the use of the Corsa Athletics Services, including but not limited to, Athlete Content, text, data, software, graphics, images (e.g. photos, drawings), audio, video, interactive features, feedback, ratings, suggestions and comments (e.g. to bulletin boards, chats, discussion groups, feedback areas, newsgroups or e-mail). You are solely responsible for any User Data/Material that you upload and publish to the Corsa Athletics Services, including complying with these Terms. In order to upload any User Data/Material to the Corsa Athletics Services, you must have “accepted” these Terms by clicking the “I accept” box before submitting the User Data/Material through the Corsa Athletics Services, and you must have an active, authorized account with Corsa Athletics.You retain all of your rights in your User Data/Material. You shall be solely responsible for your own User Data/Material and the consequences of posting or publishing it on the Corsa Athletics Services. In connection with User Data/Material that you make available on the Corsa Athletics Services, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Corsa Athletics to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Data/Material to enable inclusion and use of the User Data/Material as part of the Corsa Athletics Services and in the manner contemplated by these Terms. By submitting, posting, uploading, or otherwise providing User Data/Material to Corsa Athletics, you hereby grant (or warrant that the owner of such rights has expressly granted) Corsa Athletics a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Data/Material in connection with the Corsa Athletics Services and Corsa Athletics (and its successors) business as permitted hereunder. You hereby waive all moral rights to the User Data/Material for the benefit of authorized uses by Corsa Athletics. You also hereby grant, to each authorized user of the Corsa Athletics Services whom you authorize to receive your User Data/Material, a non-exclusive license to access your User Data/Material through the Corsa Athletics Services, and to use and display and perform such User Data/Material as permitted through the functionality of the Corsa Athletics Services and under these Terms. License to Workout Exercise Training Programs. If you are a athlete, and you upload orotherwise provide Workout Exercise Training Programs(s) through the Sites and Services,you grant us a non-exclusive, worldwide license to use, reproduce, distribute, publicly display and create derivative works from the Workout Exercise Training Programs(s) and any other data you upload or provide through the Sites and Services to provide, enhance and improve the Sites and Services. However, we assume no responsibility regarding the Workout Exercise Training Programs(s) or data you provide, and use of such programs and data is at your own risk.Corsa Athletics shall have no obligation to monitor any User Data/Material. However, Corsa Athletics and its agents reserve the right to monitor any User Data/Material from time to time for any lawful purpose. Corsa Athletics may, without notice to you, remove or block any User Data/Material from the Corsa Athletics Services, including disabling access to any User Data/Material that you have downloaded through the Corsa Athletics Services.You acknowledge and agree that Corsa Athletics has limited practical ability to control or monitor possible infringement of your rights in User Data/Material by other parties and that Corsa Athletics assumes no responsibility for controlling or monitoring for possible infringement of such rights by third parties. In addition, Corsa Athletics is not responsible for enforcing your rights in User Data/Materials, including filing suit or taking other legal action against infringers. You acknowledge and agree that the internet or other communications channels through which you may post or access User Data/Material may not be secure, and that Corsa Athletics is not responsible for the security of your User Data/Material in transit to or from Corsa Athletics.

8.5  CONTENT ON THE CORSA ATHLETIC SERVICES. You understand that by using the Corsa Athletics Services you may be exposed to User Data/Material from a variety of sources, and to content from various publishers and third parties, as well as to Corsa Athletics Content, and that Corsa Athletics is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content or User Data/Material. You further understand and acknowledge that you may be exposed to content or User Data/Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Corsa Athletics with respect thereto.You acknowledge and agree that the views expressed through the Corsa Athletics Services reflect those of the individual contributors and not necessarily those of Corsa Athletics.

8.6 SANCTIONS FOR VIOLATIONS OF THESE TERMSWithout limiting any other rights reserved herein, Corsa Athletics may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Corsa Athletics, including but not limited to removing any Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties or costs, terminating your Account, notifying other Members of the termination of your Account and/or the violation of these Terms, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

8.7 ACCOUNT SUSPENSION OR TERMINATIONWe may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Corsa Athletics Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Corsa Athletics Services or your Content, or receive assistance from Corsa Athletics support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Corsa Athletics Services services or Athletes Services canceled or delayed as a result of Account termination. Please note that if your Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Corsa Athletics Services, including, but not limited to, any Plans.

9. Devices.

9.1 When using Your Devices hereunder: (i) you are responsible for the acquisition, cost and maintenance of Your Devices as well as any necessary wireless data plan; and (ii) Corsa Athletics shall make available the User App for installation on Your Device. Corsa Athletics hereby grants you a personal, non-exclusive, non-transferable license to install and use the User App on Your Device solely for the purpose of offering, seeking, receiving or paying for Athlete Services. You agree to not provide, distribute or share, or enable the provision, distribution or sharing of, the User App (or any data associated therewith) with any third party. You agree that: (i) use of the User App on Your Device requires an active data plan with a wireless carrier associated with Your Device, which data plan will be provided by you at your own expense; and (ii) use of the User App on Your Device as an interface with the Corsa Athletics Services may consume very large amounts of data through the data plan. CORSA ATHLETICS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN.

10. PRIVACY POLICY

10.1 Corsa Athletics is committed to safeguarding your privacy online. Please review our privacy policy: https://corsa-athletics.com/privacy-policy.

10.2 Disclosure of Your Information. Subject to applicable law, Corsa Athletics and its Affiliates may, but shall not be required to, provide to you, an Athlete and/or relevant authorities and/or regulatory agencies any information (including personal information (e.g., information you submit about yourself ) and any Corsa Athletics Data) about you or any Athlete Services provided hereunder if: (a) there is a complaint, dispute or conflict between you and a Athlete or a Facility; (b) it is necessary to enforce the terms of this Agreement; (c) it is required, in Corsa Athletics’s or any Affiliate’s sole discretion, by applicable law or regulatory requirements (e.g., Corsa Athletics or its Affiliates receive a subpoena, warrant, or other legal process for information); (d) it is necessary, in Corsa Athletics’s or any Affiliate’s sole discretion, to (1) protect the safety, rights, property or security of Corsa Athletics or its Affiliates, the Corsa Athletics Services or any third party; (2) to protect the safety of the public for any reason including the facilitation of insurance claims related to the Corsa Athletics Services; (3) to detect, prevent or otherwise address fraud, security or technical issues; (4) to prevent or stop activity which Corsa Athletics or any of its Affiliates, in their sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, legally actionable or otherwise objectionable activity); or (e) it is required or necessary, in Corsa Athletics’s or any Affiliate’s sole discretion, for insurance or other purposes related to your ability to qualify, or remain qualified, to use the Corsa Athletics Services. You understand that Corsa Athletics may retain your personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated.

10.3 Corsa Athletics and its Affiliates may collect your personal data during the course of your application for, and use of, the Corsa Athletics Services. Except as restricted by other provisions of this Agreement, such information may be stored, processed, transferred, and accessed by Corsa Athletics and its Affiliates, third parties, and service providers for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with Corsa Athletics’s and its Affiliates’ legitimate business needs. You expressly consent to such use of personal data.

10.4 License Grant. Subject to the terms and conditions of this Agreement, Corsa Athletics hereby grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use the Corsa Athletics Services (including the User App on Your Device) solely for the purpose of offering, seeking, obtaining and paying for Athlete Services and tracking resulting Fees. All rights not expressly granted to you are reserved by Corsa Athletics, its Affiliates and their respective licensors.

10.5 Restrictions. You shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Corsa Athletics Services, User App or any Corsa Athletics Data in any way; (b) modify or make derivative works based upon the Corsa Athletics Services or User App; (c) improperly use the Corsa Athletics Services or User App, including creating Internet “links” to any part of the Corsa Athletics Services or User App, “framing” or “mirroring” any part of the Corsa Athletics Services or User App on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the Corsa Athletics Services or User App; (d) reverse engineer, decompile, modify, or disassemble the Corsa Athletics Services or User App, except as allowed under applicable law; or (e) send spam or otherwise duplicative or unsolicited messages. In addition, you shall not, and shall not allow any other party to, access or use the Corsa Athletics Services or User App to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the Corsa Athletics Services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Corsa Athletics Services; or (iv) attempt to gain unauthorized access to the Corsa Athletics Services or its related systems or networks.

10.6 Ownership. The Website, Corsa Athletics Services, User App and Corsa Athletics Data, including all intellectual property rights therein, are and shall remain (as between you and Corsa Athletics) the property of Corsa Athletics, its Affiliates or their respective licensors. Neither this Agreement nor your use of the Corsa Athletics Services, User App or Corsa Athletics Data conveys or grants to you any rights in or related to the Corsa Athletics Services, User App or Corsa Athletics Data, except for the limited license granted above. Other than as specifically permitted by the Corsa Athletics Services in connection with the Corsa Athletics Services, you are not permitted to use or reference in any manner Corsa Athletics’s, its Affiliates’, or their respective licensors’ names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the "Corsa Athletics Marks and Names") for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership in any of the Corsa Athletics Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.

10.7 Except for User Content, Athlete Content, User Data and Material, the content accessible through the Corsa Athletics Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features (collectively, the “Corsa Athletics Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Corsa Athletics, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these Terms, the Corsa Athletics Content, Marks, and User Content, Athlete Content, User Data and Material are provided to you for your information and non-commercial, personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these Terms, or without the prior written consent of the respective owners. Corsa Athletics reserves all rights not expressly granted in and to the Corsa Athletics Services and the Corsa Athletics Content. If you download or print a copy of the Corsa Athletics Content, or User Content, Athlete Content, User Data and Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the Corsa Athletics Services or features that prevent or restrict use or copying of any Corsa Athletics Content, Marks or User or Athlete Content.

10.8 COPYRIGHT POLICY. Corsa Athletics respects the rights of copyright holders. We reserve the right to terminate the access, profile or agreement with any user of the Corsa Athletics Services who infringes third party copyright or other third party intellectual property rights upon prompt notification to us by the third party rights holder or its legal agent. Without limiting the foregoing, any person who or which believes that his, her or its intellectual property has been copied and posted via the Corsa Athletics Services in a way that constitutes infringement shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the rights holder; (b) an identification and location on the Corsa Athletics Services of the property that is claimed to be infringed; (c) a written statement by such person that he, she or it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such person’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such person that the foregoing information in the notice is accurate and, under penalty of perjury, that the person delivering the notice is the owner of the property in question or authorized to act on the owner’s behalf. Notices to us regarding any alleged infringement should be directed to Julian Bastianello, Corsa Athletics’s copyright agent, at admin@corsa-athletics.com

11. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

Respecting Copyright
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We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Website or Services any infringing material that we become aware of. And if Corsa Athletics becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.
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We make it easy for you to report suspected copyright infringement. If you believe that anything on the the website infringes a copyright that you own or control, please contact Us:
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CORSA ATHLETICS, INC.
Attn: Administrator
Email: admin@corsa-athletics.com
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If you file a notice by mail with Us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
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contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
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identify the copyrighted work claimed to have been infringed;
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identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
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provide your contact information, including your address, telephone number, and an email address;
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provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
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Promptly after receipt of a valid removal notification, we will remove or disable access to the allegedly infringing content. We will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send us a written counter-notification, which may result in us re-posting the content if we believe that it is not infringing.

Any DMCA requests and any other feedback, comments, requests for technical support or other communications should be directed to customer service through admin@corsa-athletics.com.

12. Confidentiality

12.1 Each party acknowledges and agrees that in the performance of this Agreement and/or use of services pursuant to it may have access to or may be exposed to, directly or indirectly, confidential information of the other party ("Confidential Information"). Confidential Information includes Corsa Athletics Data, User IDs, User Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) either (x) that such party designates as being proprietary or confidential, or (y) of which the other party should reasonably know that it should be treated as confidential.

‍12.2 Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents, service providers and personal representatives ("Permitted Persons") as necessary to perform and/or use services pursuant to this Agreement, provided that Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof, and provided further that the party disclosing the Confidential Information to its Permitted Persons is responsible for the conduct of such Permitted Persons; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to Corsa Athletics, its internal record-keeping requirements).

‍12.3 Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.

13. Representations and Warranties; Disclaimers

13.1 By You. You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the Term will not enter into, any agreement that would prevent you from complying with this Agreement; and (c) you will comply with all applicable laws, rules and policies in your performance of this Agreement; and (d) you will not invite any non-User to participate with you in any Athlete Services you accept hereunder.

‍13.2 Disclaimer of Warranties. CORSA ATHLETICS AND ITS AFFILIATES PROVIDE, AND YOU ACCEPT, THE WEBSITE, CORSA ATHLETICS SERVICES, USER APP, ATHLETE SERVICES, CORSA ATHLETICS CONTENT AND THE CORSA ATHLETICS DATA ON AN "AS IS" AND "AS AVAILABLE" BASIS. CORSA ATHLETICS AND ITS AFFILIATES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE WEBSITE, CORSA ATHLETICS SERVICES, USER APP, ATHLETE SERVICES, CORSA ATHLETICS CONTENT AND THE CORSA ATHLETICS DATA WILL BE UNINTERRUPTED OR ERROR FREE. CORSA ATHLETICS AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE ATHLETES WHO MAY PROVIDE ATHLETE SERVICES AND CONTENT. BY USING THE WEBSITE, CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE WEBSITE, CORSA ATHLETICS SERVICES, USER APP, AND ATHLETE SERVICES INCLUDING ATHLETES AND CORSA ATHLETICS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU, ANY ATHLETE, OR OTHER THIRD PARTY.ANY MATERIAL OR CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CORSA ATHLETICS OR THROUGH YOUR USE OF THE WEBSITE, CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, CORSA ATHLETICS DOES NOT REPRESENT OR WARRANT THAT (I) THE WEBSITE, CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE, CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE CORSA ATHLETICS SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS, OR ATHLETES THAT USE THE CORSA ATHLETICS SERVICES AND ATHLETE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE CORSA ATHLETICS SERVICES AND ATHLETE SERVICES, INCLUDING BUT NOT LIMITED TO ANY OTHER USERS, OR ATHLETES. YOU UNDERSTAND THAT CORSA ATHLETICS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE CORSA ATHLETICS SERVICES AND ATHLETE SERVICES OR TO REVIEW OR VET ANY SERVICE OFFERED BY ANY ATHLETES. CORSA ATHLETICS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE CORSA ATHLETICS SERVICES AND ATHLETE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE CORSA ATHLETICS SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE CORSA ATHLETIC SERVICES AND ATHLETE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE CORSA ATHLETICS SERVICES AND ATHLETE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. CORSA ATHLETICS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES USING THE CORSA ATHLETICS SERVICES AND ATHLETE SERVICES.You acknowledge that CORSA ATHLETICS has no control over, and no duty to take any action regarding: which users gain access to or use the CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP; what effects the content on or in connection with the CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP  may have on you; how you may interpret or use the content on or in connection with the CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP; or what actions you may take as a result of having been exposed to the content on or in connection with the CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP. You release CORSA ATHLETICS from all liability for you having acquired or not acquired content or information through the CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP. The CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. CORSA ATHLETICS makes no representations concerning any content contained in or accessed through the CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP, and CORSA ATHLETICS will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND USER APP. CORSA ATHLETICS makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

‍13.3 No Service Guarantee. CORSA ATHLETICS AND ITS AFFILIATES DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE WEBSITE, CORSA ATHLETICS SERVICES, USER APP OR ATHLETE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, CORSA ATHLETICS SERVICES, USER APP AND ATHLETE SERVICES MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE WEBSITE, CORSA ATHLETICS SERVICES, USER APP AND ATHLETE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS AND YOUR DEVICE, AND CORSA ATHLETICS AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.13.4 If there is a dispute between you and any such third party, you understand and agree that CORSA ATHLETICS shall be under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE CORSA ATHLETICS, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, AND/OR ANY SIMILAR PROVISION OF THE LAW OF ANY OTHER JURISDICTION, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

14. Limits of Liability.  CORSA ATHLETICS SERVICES AND ATHLETE SERVICES

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, CORSA ATHLETICS SERVICES AND ATHLETE SERVICES AND APP, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE WEBSITE, CORSA ATHLETICS SERVICES AND ATHLETE SERVICES AND APP, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF CORSA ATHLETICS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER CORSA ATHLETICS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, CORSA ATHLETICS SERVICES AND APP WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CORSA ATHLETICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH USING THE WEBSITE, CORSA ATHLETICS SERVICES,  ATHLETE SERVICES AND APP; (E) THE USE OF OR INABILITY TO USE THE WEBSITE, CORSA ATHLETICS SERVICES,  ATHLETE SERVICES AND APP OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND APP OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, CORSA ATHLETICS SERVICES, ATHLETE SERVICES OR APP; OR (G) YOUR OFFERING OR PROVIDING ATHLETE SERVICES OR REQUESTING OR RECEIVING ATHLETE SERVICES THROUGH THE CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND APP.CORSA ATHLETICS DOES NOT CONDUCT ANY CRIMINAL BACKGROUND CHECKS ON ANY USERS OR ATHLETES THAT USE THE WEBSITE, CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND APP AND YOU AGREE THAT CORSA ATHLETICS IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OR ACTIONS OF ANY USERS THAT YOU COME IN CONTACT WITH IN USING THE WEBSITE, CORSA ATHLETICS SERVICES, ATHLETE SERVICES AND APP.IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF CORSA ATHLETICS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, THE WEBSITE, CORSA ATHLETICS SERVICES, ATHLETE SERVICES, APP AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, CORSA ATHLETICS SERVICES, ATHLETE SERVICES, APP OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY SERVICES OFFERED BY ANY ATHLETES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU FOR ANY SERVICES HEREUNDER, OR EXCEED ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE BY YOU.Links to Third Party Websites. As a convenience for its users, Corsa Athletics may provide links to other websites owned by third parties. Unless otherwise stated, Corsa Athletics does not endorse or control these third parties and takes no responsibility, assumes no liability and offers no warranties of any kind for them or their websites if you choose to access such websites owned by third parties.TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Indemnification.

You shall indemnify, defend (at Corsa Athletics’s option) and hold harmless Corsa Athletics and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Athletes, users, regulators and governmental authorities) directly or indirectly related to your use of the Corsa Athletics Services; (c) Athlete Services and Athlete Content; (d) User Content and User Reviews; and (e) User Data and Materials.

16. Term and Termination

16.1 Term. This Agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein (the “Term”).

‍16.2 Termination. Either party may terminate this Agreement without cause at any time upon seven (7) days’ prior notice to the other party. Corsa Athletics may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Service at any time, provided that all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. If you terminate your account, you may permanently lose access to all User Data/Materials you submitted to or through the Service.

‍16.3 Effect of Termination. Upon termination of the Agreement, you shall immediately delete and fully remove the User App from any of Your Devices. Outstanding payment obligations and Sections 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 shall survive the termination of this Agreement.
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17.1 Governing Law/Arbitration.  By using Corsa Athletics’s Website, Products or Services, you agree that the laws of the State of Delaware without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Corsa Athletics.

17.2 Disputes

ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, CORSA ATHLETIC’S SERVICES AND CORSA ATHLETIC’S APP SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN NEW YORK COUNTY, NEW YORK CITY, NEW YORK EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.

CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA'S CONSUMER RULES"), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION'S WEBSITE.

YOU AND CORSA ATHLETICS AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.

THE ARBITRATOR SHALL APPLY DELAWARE LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.

IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE COURT LOCATED IN NEW YORK COUNTY, NEW YORK CITY, NEW YORK.
Corsa Athletics's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Corsa Athletics's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Corsa Athletics with respect to such use. You may not assign or transfer any of your rights or obligations under these Terms of Use, in whole or in part, without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void and of no force or effect. We may assign any and all of our rights and obligations under these Terms of Use freely at any time without notice. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of your and our successors and permitted assigns.Our failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall our waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.Whereas the Website has a feature that enables translation of these Terms of Use into a language other than English, the Terms of Use will be governed by the English language version.If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use constitute the entire agreement between you and Corsa Athletics with respect to this Website, except as otherwise indicated in these Terms of Use.

18. Relationship of the Parties

18.1 Except as otherwise expressly provided herein the relationship between the parties under this Agreement is solely that of independent contracting parties. The parties expressly agree that no joint venture, partnership, or agency relationship exists between Corsa Athletics and you.

‍18.2 You have no authority to bind Corsa Athletics or its Affiliates and you undertake not to hold yourself out as an employee, agent or authorized representative of Corsa Athletics or its Affiliates.

19. Miscellaneous Terms

19.1 Modification. In the event Corsa Athletics modifies the terms and conditions of this Agreement at any time, such modifications shall be binding on you only upon your acceptance, in accordance with the terms of this Agreement, of the modified Agreement. Corsa Athletics reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. You hereby acknowledge and agree that, by using the Corsa Athletics Services, or downloading, installing or using the User App, you are bound by any future amendments and additions to information referenced at hyperlinks herein, or documents incorporated herein, including with respect to Fees and Fee Calculations. Continued use of the Corsa Athletics Services or User App after any such changes shall constitute your consent to such changes.

‍19.2 Supplemental Terms; Terms of Service. Supplemental terms may apply to your use of the Corsa Athletics Services, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict.

‍19.3 Severability. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

‍19.4 Assignment. Neither party shall assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that Corsa Athletics may assign or transfer this Agreement or any or all of its rights or obligations under this Agreement from time to time without consent: (a) to an Affiliate; or (b) to an acquirer of all or substantially all of Corsa Athletics’s business, equity or assets.

‍19.5 Entire Agreement. This Agreement, including all Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this Agreement.

‍19.6 No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.19.7 Notices. Any notice delivered by Corsa Athletics to you under this Agreement will be delivered by email to the email address associated with your account or by posting on the portal available to you on the Corsa Athletics Services. Any notice delivered by you to Corsa Athletics under this Agreement will be delivered by contacting Corsa Athletics at admin@corsa-athletics.com.

Last Revised: January 1, 2024