Terms and Conditions
Donato Sports Performance & Fitness, INC Terms of Use
THESE TERMS (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND DONATO SPORTS PERFORMANCE & FITNESS AND GOVERN YOUR ACCESS TO, AND USE OF, THE DONATO SPORTS PERFORMANCE & FITNESS WEBSITE LOCATED AT HTTP://WWW.MIKEDONATO.COM AND ANY RELATED SITE, TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE "SITE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. PRIOR TO YOUR USE OF THIS SITE, YOU SHALL READ AND ACCEPT ALL OF THE TERMS AS WELL AS ANY OTHER POLICY OF THE SITE. THESE TERMS SHALL APPLY TO ALL USERS OF THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. DONATO SPORTS PERFORMANCE & FITNESS MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. DONATO SPORTS PERFORMANCE & FITNESS CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. MIKEDONATO.COM RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. MIKEDONATO.COM SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE WEBSITE.
Definitions.
“Terms” shall mean: this Terms of Use Policy along with any Site Rules, Privacy Policy and any other document incorporated herein including all changes, modification and/or updates.
“You” or “User” shall mean: the individual now registering as a user of the Site or the existing user of the Site now agreeing to this mikedonato.com Terms of Use Agreement, and the company or other business or governmental entity, if any, specified by you upon registration (any such entity, “your Company”). You and your Company, if any, shall be jointly and severally liable for any obligations under this Agreement.
Entering This Site Shall Constitute Your Acceptance of These Terms of Use.
By accessing, browsing, and/or using the Site and its content, You signify your acceptance of these of these Terms of Use, the Privacy Policy, and any other Policy on this Site. Such acceptance shall be legally binding and have the same legal force and effect as if you had physically signed this Agreement.
You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.
Changes to Agreement.
We reserve the right to change, at any time, at Our sole discretion, the Terms under which these Services are offered, and all other agreements and all amendments and modifications. You agree that to be bound by any changes to the Terms which includes, but is not limited to, posting any such changes at the Site without further notice to you. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms, other document, or additional terms and conditions. This Agreement may not be amended by you other than in a writing signed by both parties, and for purposes of this sentence, “writing” does not include email, and “signature” does not include an electronic signature.
If You do not agree to any amendment, then You shall cease use of this Site no later than the effective date of the amendment.
Termination and Suspension.
We may terminate your access to Our Site at any time without notice to you. If you violate any Terms of Use or other Site Policy your right to access this Site may automatically terminate. We may, in our sole discretion, terminate or suspend Your access to all or part of the Site services or products at any time, for any reason, including, without limitation, breach of any Site Policies.
We may, at any time:
(a) modify, suspend or terminate the operation of or access to any of part or the whole Site or Services, or any portion of the Site or Services, for any reason;
(b) modify or change the Site or Services, or any portion of the Site or Services, and any Terms of Use, Additional Terms and other Site Policies governing the use of the Site or Services, for any reason;
(c) interrupt the operation of the Site or Services, or any portion of the Site or Services, for any reason, all as We deem appropriate in Our sole discretion.
Your access to, and use of, the Site or Services may be terminated by You or by Us at any time and for any reason. The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.
If we believe your actions may cause us or other users legal liability, harm, or loss, we reserve the right to notify other users of your actions.
Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Site and related services in any way, your only recourse is to immediately discontinue use of the Site and services.
Limited License.
Donato Sports Performance & Fitness grants you a limited, personal, non-exclusive and non-transferable license to use the services of this Site solely for your own personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Donato Sports Performance & Fitness Site and Materials.
Eligibility.
You may only use the Site if you are above the age of 18 and have the capacity to form a legal and binding contract. You shall provide accurate and complete information in your Communications. You agree that you will not allow others to use your information, nor will you use the Site on behalf of third parties.
Privacy Policy.
Your use of this Site is governed by the Donato Sports Performance & Fitness Privacy Policy, which is available here (the "Privacy Policy"). Donato Sports Performance & Fitness does not use your personal information to send you marketing emails without your explicit consent. Donato Sports Performance & Fitness also does not sell or rent your personal information to non-affiliated third parties for their marketing purposes without your explicit consent.
Accuracy, Completeness and Timeliness of Information.
We are not responsible for information made available on this Site by others. The material on this Site provided by Us should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on any material on this Site is at your own risk. You represent and warrant that You will use all reasonable effort to ensure that all personal information given to us is true, accurate, up-to- date and not misleading.
TRANSACTIONS ON THE SITE
Credit Cards and ACH Direct Payments.
We shall use the payment method you specified when setting up your account. By placing a credit card account on file with us you authorize us to charge you for any fees you accrue as a result of using the Site.
YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE. If you have any question about a charge on your credit card, contact us as described in the Notices section below.
Past Due Accounts.
Accounts that are, or have been, past due will have their credit limit reduced to zero and past due balances will be subject to a late fee of 1.5% per month or the highest amount permitted by applicable law, whichever is lower. If You fail to pay the past due amounts, We may turn Your account over to a collection agency and We reserve the right to pursue civil and criminal legal actions to the fullest extent allowed under the law. If Your account is past due, You also must pay any and all collection costs (including collection agency fees, court costs and legal fees) We might incur in connection with your past due account.
USERS
All Users must:
a) Be legally allowed to use the Site, b) Be over the age of 18,
c) Not be convicted of a felony or otherwise prevented by a court or law from the Site, and
d) Otherwise comply with all Legal Requirements governing this Site including consumer protection, unfair competition, anti-discrimination or false advertising.
THIRD PARTY CONTENT
Certain information and other content may be provided by third party licensors and suppliers to Donato Sports Performance & Fitness ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.
Links to Third Party Sites
This Site may be linked to other sites that are not Donato Sports Performance & Fitness sites. Donato Sports Performance & Fitness is providing these links to you only as a convenience, and Donato Sports Performance is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
COMMUNICATIONS
You may not, except with Donato Sports Performance & Fitness’ express advance authorization or in a specially designated area, use the Site to:
a) Upload, post, email or otherwise transmit any User Communication that provides any telephone numbers, street addresses, last names, URLs or email addresses,
b) Engage in other commercial activities within Donato Sports Performance & Fitness,
c) Harm minors in any way,
d) Solicit personal information from anyone under 18,
e) Provide false or deceptive information,
f) Use Donato Sports Performance & Fitness content to engage in other commercial activities,
g) Delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so, or
h) Allow usage by others in such a way as to violate Donato Sports Performance & Fitness’ Terms of Use.
This list of prohibitions provides examples and is not complete or exclusive. Donato Sports Performance & Fitness reserves the right to:
a) terminate your access to your account, your ability to post to this Site (or the services) and
b) refuse, delete or remove any Communications with or without cause and with or without notice, for any reason or no reason, or for any action that Donato Sports Performance & Fitness determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services.
Donato Sports Performance & Fitness may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Donato Sports Performance & Fitness's discretion, Donato Sports Performance & Fitness will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. These prohibitions do not require Donato Sports Performance & Fitness to monitor, police or remove any Communications or other information submitted by you or any other user.
INDEMNIFICATION
You agree to indemnify and hold Donato Sports Performance & Fitness and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Donato Sports Performance &; Fitness or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Communications) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
PROPRIETARY RIGHTS
“Donato Sports Performance & Fitness” and “mikedonato.com” are trademarks of Donato Sports Performance & Fitness in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Donato Sports Performance & Fitness, Copyright © 2017. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Donato Sports Performance & Fitness provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the "Materials") are provided to you by Donato Sports Performance & Fitness and are the copyrighted and/or trademarked work of Donato Sports Performance & Fitness or Donato Sports Performance & Fitness’ contributors.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTIFICATION GUIDELINES
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers" If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site (www.mikedonato.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Donato Sports Performance & Fitness’ Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Donato Sports Performance & Fitness web site are covered by a single notification, a representative list of such works at that site.
c) Identification of 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 permit Donato Sports Performance & Fitness to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
d) Information reasonably sufficient to permit Donato Sports Performance & Fitness to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification.
If you have posted a file or document which is claimed to be an infringement under the DMCA, you may elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
a) A physical or electronic signature of the subscriber.
b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
d) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which Donato Sports Performance & Fitness’ main offices are located and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Designated Copyright Agent
Donato Sports Performance & Fitness’ Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, Donato Sports Performance & Fitness, 5714 W 89 th Street, Oak Lawn, Illinois 60454 or by email at m@mikedonato.com. For clarity, only DMCA notices should go to the Donato Sports Performance & Fitness Designated Copyright Agent. Other feedback and comments should go to m@mikedonato.com, requests for technical support to m@mikedonato.com and any other support should be directed to m@mikedonato.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
LIABILITY LIMITATION
Health and Wellness Information. The Site may contain information about leading a healthy way of life, including information on health, wellness and fitness issues. You understand that such information is not intended to represent medical diagnosis, treatment or care and should not be used in place of consultation with or advice from your healthcare professionals. You understand that You should consult Your physician or healthcare professional before beginning or altering our personal exercise, diet or nutritional supplement program.
Disclaimer of Warranties.
YOU RELEASE DONATO SPORTS PERFORMANCE & FITNESS (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, 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" YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY DONATO SPORTS PERFORMANCE & FITNESS.
YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THE ADEQUACY, ACCURACY OR COMPLETENESS FO THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN SUCH INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIES, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON- INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE IS GIVEN IN CONJUNCTION WITH THE INFORMATION, MATERIALS, COMMUNICATIONS. THE THIRD PARTY CONTENT HAVE NOT BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY DONATO SPORTS PERFORMANCE & FITNESS, NOR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“DONATO SPORTS PERFORMANCE & FITNESS PARTIES”), DONATO SPORTS PERFORMANCE & FITNESS DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, SUBMISSIONS, THIRD PARTY CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE.
DONATO SPORTS PERFORMANCE & FITNESS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DONATO SPORTS PERFORMANCE & FITNESS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER AND SHALL NOT BE LIABLE IF ANY DATA IS LOST, CORRUPTED OR UNABLE TO BE ACCESSED AT ANY TIME.
Limitation of Liability
DONATO SPORTS PERFORMANCE & FITNESS PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE SITE, YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL DONATO SPORTS PERFORMANCE & FITNESS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF DONATO SPORTS PERFORMANCE & FITNESS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE INDEMNIFIED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.
LEGAL REQUIREMENTS
Local Laws; Export Control.
Donato Sports Performance &Fitness controls and operates this Site from its headquarters in the United States of America and the Materials, Communications and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
International Users.
This Site is based in the United States. If you are an international User we do not warrant that it is appropriate to download, store or disclose information on the Site outside the United States. We make no representation that functions or information found at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the information found on or at this Site in violation of U.S. or other export laws and regulations. If you access this Site from a location outside of the U.S., you are responsible for compliance with all laws applicable to you. Personal information that is submitted on this Site will be collected, processed, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If you are an International User, you acknowledge and agree that We may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction. If you do not consent to such transfer, you may not use this Site.
This Agreement, all matters arising from or relating to the your use of the Site, and any and all claims arising out of your relationship with the Donato Sports Performance & Fitness Parties shall be governed by and in accordance with the laws of the State of Illinois, excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.
DISPUTE RESOLUTION; ATTORNEYS’ FEES
You agree that any claim or dispute that has arisen or may arise between You and Donato Sports Performance & Fitness must be resolved exclusively by a state or federal court located in the County of Cook in the State of Illinois in the United States. You and Donato Sports Performance & Fitness agree to submit to the personal jurisdiction of the courts located in Cook County, Illinois for the purpose of litigating all such claims or disputes. You expressly waive any objection that you may have now or in the future to the laying of venue or to the jurisdiction of any such court over You or Your activities on the Site.
Donato Sports Performance & Fitness reserves the right to institute proceedings in any jurisdiction in order to obtain interim or provisional relief pending resolution of a dispute or collect from you any monies due under this Agreement or under an award of the court described above.
You may not bring any action arising out of this User Agreement or your use of the Website or the Services, regardless of form or the basis of the claim, more than 1 year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, Donato Sports Performance & Fitness shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.
MISCELLANEOUS
Enforceability. The provisions of this Agreement will be enforceable notwithstanding the existence of any claim or cause of action against Donato Sports Performance & Fitness whether predicated on this Agreement or otherwise. Nothing in this Agreement will be construed as prohibiting Donato Sports Performance & Fitness from pursuing any other remedies available to it for such unauthorized use or disclosure or from pursuing any remedies for any other breach or threatened breach of the Agreement, including the recovery of damages from the other party.
Reimbursement for Costs and Fees. In the event Donato Sports Performance & Fitness shall be forced to bring any legal action to protect or defend its rights hereunder and prevails, then Donato Sports Performance & Fitness shall be entitled to reimbursed from You of all fees, costs and other expenses (including, without limitation, the reasonable expenses of its or their attorneys) in bringing or defending against such action.
Entire Agreement. This Agreement constitutes the entire understanding of the parties and supersedes all prior discussions, negotiations, agreements and understandings, whether oral or written, with respect to its subject matter.
Remedies Cumulative. The remedies under this Agreement are cumulative and shall not exclude any other remedies to which any person may be lawfully entitled.
Force Majeure. Force majeure as mentioned herein refers to war, fire, earthquake, flood and other manmade or natural disasters, acts of terrorism or any event which is unforeseeable and unavoidable when both parties sign this Agreement. Should Donato Sports Performance & Fitness be prevented from or delayed in performing all or part of its obligations under this Agreement owing to force majeure, it shall be exempt from the Liability for Breach of Contract arising there from, but it shall continue to perform this Agreement after the influence of force majeure is removed. If the influence of force majeure makes it impossible to perform this Agreement, Donato Sports Performance & Fitness may terminate this Agreement and negotiate for a resolution.
Modification. No change or modification of this Agreement shall be valid unless it is in writing and signed by all the parties who are bound by the terms of this Agreement.
Assignment Generally. You may not assign the rights, or delegate duties under this Agreement without advance written approval of Donato Sports Performance & Fitness.
Independent Covenants. The parties agree that each of the covenants contained herein shall be construed as independent of any other covenant or provision of this Agreement. If all or any portion of a covenant in this Agreement is held to be unreasonable or unenforceable by a court or agency having valid jurisdiction in a final decision to which Donato Sports Performance & Fitness is a party, You expressly agree to be bound by any lesser covenant subsumed within the terms of such covenant that imposes the maximum duty permitted by law, as if the resulting covenant was separately stated in and made a part thereof.
Severability. If any provision of this Agreement or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
Waiver. No failure or delay by Donato Sports Performance & Fitness in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement.
Heirs and Assigns. This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of Donato Sports Performance & Fitness.
Governing Law. This Agreement shall be governed by, and construed under, the laws of the State of Illinois, and controlling U.S. federal law without regard to any conflicts or laws or choice of laws principles that would require the application of the laws of any jurisdiction other than the State of Illinois, all rights and remedies being governed by said laws.
Notices. Except as explicitly stated otherwise, any notices you send to us at m@mikedonato.com or by mail to Donato Sports Performance & Fitness, INC 5714 W 89 th Street, Oak Lawn, Illinois 60453, or, in the case notices we send to you, to the email address or street address listed in your User Information in your account. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.
Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
Counterparts. This Agreement may be executed in any number of counterparts and by different parties to this Agreement in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Agreement.
Survival. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.