PWR Lab, Inc. dba DashLX ("DashLX")
1. Your Consent
2. Non-Medical Classification of Service
We and the Service do not provide medical or health advice. We are not a “covered entity” as defined in the U.S. Health Insurance Portability and Accountability Act, which reduces our legal obligations with respect to our handling of your Data. The Service’s intended use does not include diagnosis, treatment, cure, or prevention of any disease, illness, or health problem. If you (i) have any existing medical condition, (ii) are currently taking medication, (iii) have chest pain, joint pain, or shortness of breath, or (iv) are pregnant, you should consult a physician prior to using the Service. You hereby agree that should you experience any discomfort or pain while using the Service, you will immediately discontinue use and consult with a physician.
Should you experience a medical emergency you hereby agree to immediately stop using the Service and seek medical assistance. In no way is DashLX responsible for any medical or health problems that arise as a result of using the Service, interacting with others who use the Service, or as a result of any information made available through the Service. You hereby agree to use the Service at your own risk.
3. User Content
4. Supplemental Services and Sharing your Data with Partners
As part of the Service, we also offer supplemental services. From time to time, you may direct us to share with one or more third parties (each a “Partner”) some or all of your User Content that we gather in connection with the Services, as well as other information (the “Supplemental Service”). We will only share your User Content with a Partner to the extent that you have informed us that you wish to use the Supplemental Service and you have directed us to add you to one or more User Groups (as defined below).
How a Supplemental Service Works
A Partner may ask us to create a group of our users (a “User Group”) that meet certain criteria, for the purpose of offering a particular service to those users and to the Partner. Individual users such as yourself, to the extent you meet the criteria established by the Partner and by us, may be provided the opportunity to be added to that User Group. You may indicate to us your desire to be added to that User Group, and then, to the extent the Partner also agrees, you may direct us to do so.
To the extent you opt in to the Supplemental Service and join one or more User Groups, you authorize us and the relevant Partner(s) to use and disclose your information in a manner consistent with the purpose of each User Group.
Data and Other User Content
The Supplemental Service may, including through use of your phone or peripheral devices or other sources of information gathering, collect User Content from you. User Content may also include any information, photographs, videos, or other data you upload to the Service or share with us or the Partner in any way, including by survey or email responses, or via social media.
To the extent that, in conjunction with your participation in any User Group, you provide any content in which you have, or may claim to have, any legal rights, you hereby grant to us, and to the Partner that asked us to create that User Group, a worldwide non-exclusive, transferable, sublicensable, royalty-free license to modify, copy, reproduce, publicly perform, publicly display, translate, create derivative works from and distribute that content, in whole or in part, in any media. You represent and warrant that your content will not violate any third party’s intellectual property rights or any law or regulation, will not be false, defamatory, harmful or offensive, promote discrimination, be threatening, or promote illegal activities. You acknowledge that we and the Partner each reserve the right to remove or alter any content for any reason, or for no reason at all.
Information on User Groups
As a result of your use of the Supplemental Service, over time you may join a variety of User Groups that we maintain for various Partners, with whom you share your Data and other information. At any time, you can find information on each User Group that you have directed us to add you to, listed on the profile page of your DashLX account, which you can locate at https://app.dashlx.com/profile. This information includes:
- The name of the User Group
- The Partner for the User Group
- The type of Data and other User Content that is gathered by the User Group
- How to modify or terminate your participation in the User Group
To the extent this information is not available in your DashLXaccount, you can contact us using the contact information provided below.
Checking, Changing & Deleting Your User Group Status
You may check on your participation in and use of the Supplemental Service, and your participation in any User Groups, at any time in the Profile section of your DashLX account, or by contacting us in the manner indicated below.
In this same manner, you may change or opt out of any participation in the Supplemental Service and any or all User Groups at any time. We will act promptly on your request, but you acknowledge that information that you shared with the Partner and your participation in the User Group prior to your opt-out may be preserved.
In similar manner, you may instruct us to delete any information gathered by any User Group at any time, and we will act promptly on your request, but you acknowledge that this may result in the information being deleted entirely from our Service (and not just from the User Group).
In addition, you may need to separately contact the Partner to cause them to modify or delete your participation in a User Group, or any of your information that they have gathered as a result of your participation in the User Group.
Opting out of a User Group, or instructing us to delete your information that is being gathered by a User Group, may result in your forfeiting any benefit or consideration that you were otherwise entitled to receive as a result of your participation in the User Group.
5. Other Third-Party Links
Our Service may contain links to other websites or services that are not operated by us. Additionally, users may provide you with links to third party websites or applications. If you click on a third-party link, you will be directed to an external site or service. We have no control over and assume no responsibility for the content, policies, or practices of any third-party sites or services. We strongly advise you to review the policies of every site or service you visit.
6. License & Restrictions
Subject to your agreement with these Terms and your abiding by the other requirements of using the Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and utilize the Service. In order to activate your license, you must register as a user with the Service, (creating an “Account”). Your license and your Account are subject to be terminated at any time, without notice, for any breach of this Agreement.
Your agreement with the Terms is inclusive of the conditions listed below:
A person must be at least 13 years of age to generate data that is associated with an Account. We do not knowingly store any personal information about people in contact with the Service who are below age 13. No Account may be made or used in conjunction with data generated by someone less than 13 years old.
You may not create an Account unless you are at least 16 years of age.
If you are a parent or guardian of a child aged 13, 14, or 15, then you may create an Account and allow your child to access the Service through that Account under your direct supervision. In doing so, you agree to be solely responsible for access to and use of the Service by the aforementioned child.
If you are a child aged 16 or 17, you may establish your own Account only if your parent or guardian accepts this Agreement on your behalf. The parent or guardian entering into this Agreement on behalf of a child aged 16 or 17 agrees to be solely responsible for access to and use of the Service by the aforementioned child.
All information you submit to or share with the Service will at all times be truthful, accurate, and complete;
You will not use the Service to share any uploads, information, messages, or other data (collectively, "User Content") that are illegal, defamatory, inappropriate, or abusive to other users;
You will not misuse or misrepresent the ownership of intellectual property, including, but not limited to, copyrights, trademarks, or patents;
You will not disrupt, or attempt to disrupt, the Service's security, connectivity, data, or accessibility;
You will not create – or facilitate any third party in making – fraudulent purchases.
We reserve the right to refuse to offer the Service to anyone at any time.
7. Intellectual Property
DashLX owns the rights to all intellectual property used throughout the Service, including copyrights, trademarks, and patents. No license, assignment, or sale of such intellectual property has been made to you. DashLX reserves all rights to the intellectual property on the Service.
8. Accounts & Payment
DashLX offers various types of paid and unpaid Accounts, including for individual athletes, team athletes, coaches, clinicians, and researchers. You are required to pay the fees for your paid Account, for the term of paid Service you sign up for, prior to obtaining access to your Account. All fees are required to be paid in advance, unless otherwise specified in writing during the process of registering for your Account.
You are free to terminate your Account at any time. DashLX will not provide any refund upon termination of Account, and you will continue to have access to your Account until the time paid for expires. You acknowledge that if your Account is terminated or allowed to expire, all data in your account, including data received from other users (where applicable), may be lost.
Your agreement with the Terms is inclusive of the conditions listed below:
Regarding Individual Athlete Accounts
Individual Athlete Accounts are created on the DashLX Individual Athlete platform (i.e., not a Team Athlete Account) and granted no access to data associated with any other Account. Individual Athlete Accounts automatically renew unless terminated before paid time has expired and the paid Service is scheduled to renew. Services rendered will be charged via Stripe.
Regarding Group Accounts
Some Accounts types associated with groups of Individual Accounts – e.g., Accounts associated with teams, coaches, clinicians, researchers – will not automatically renew. Fees associated with these Account types are defined and managed with DashLX prior to account creation. These Account types must be manually renewed in order to retain access to the Service.
9. Limitation of Warranties & Damages
Regarding warranties and damages:
To the maximum extent permitted by applicable law, the Service is provided on "as-is," "where-is" and "as available" basis with all faults and without any warranties of any kind, whether express or implied, including all warranties or conditions of merchantability, accuracy, fitness for a particular purpose, title, quiet enjoyment, and non-infringement. We (and our suppliers and licensors) make no warranty that the Service will meet your requirements, will be available to you on a timely, uninterrupted, secure, or error-free basis, or will be accurate, complete, truthful, reliable, or free from viruses, worms, or other harmful code.
In no event shall we or our affiliates, suppliers, or licensors be liable for any indirect, consequential, incidental, special, punitive, or other damages of any kind arising out of, or in any way related to, your use of the Service, your reliance on information found on the Service, or your interaction with any user on the Service, whether based on contract, tort, negligence, fraud, strict liability or otherwise, even if you have been advised of the possibility of damages. Notwithstanding the foregoing, in no event will our total aggregate liability to you exceed the lesser of the amount you have paid us to use the Service, and five hundred U.S. Dollars ($500 USD).
As a condition on your use of the Service, you agree to waive your rights to participate in any class action or group arbitration as it relates to the Service or the Terms.
You may use certain peripheral devices in conjunction with the Service. We do not endorse or warrant the use of any of these devices. You use these devices at your own sole risk.
10. Specific Notices
Terms Specific to Apple Devices
By accessing the Service via another device, the following additional terms shall apply:
This agreement is made solely between you and DashLX, and not with any other company. No other company is responsible for the Service and no other company is responsible to provide maintenance or support for the Service;
The Service is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of the Terms as they are applicable to the Service;
You will not use the Service on any device that you do not own or control;
You acknowledge and agree that no other company is responsible for addressing any claims you or any third party may have in relation to the Service;
You acknowledge and agree that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
You acknowledge and agree that, in your use of the Service, you will comply with any applicable third party terms of agreement which may affect or be affected by such use.
12. Additional Terms
If any provision of the Terms is found to be unenforceable or invalid, the remainder of the Terms shall be enforced to the fullest extent possible.
The Terms shall be interpreted and construed by the laws of California and the United States. Any dispute arising from or related to your use of the Service or these Terms shall be brought exclusively in the state or federal courts of California competent to hear such dispute.
You may not assign your license or the Terms. We may assign the Terms as a condition of any sale, merger, or reorganization.
The Terms represents the full, final, and complete understanding of the parties as it relates to the subject matter hereof.
13. Contact Us
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