Final Surge LLC Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOU USING THIS WEBSITE RESULTS IN A LEGALLY BINDING CONTRACTURAL RELATIONSHIP BETWEEN YOU AND FINAL SURGE LLC.

Contractual Relationship

These Terms of Use ("Terms") govern your access or use, from within the United States and its territories and possessions, of our applications, websites, content, products, and services ("Services") made available in the United States and its territories and possessions by Final Surge LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "Final Surge LLC"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FINAL SURGE LLC. In these Terms, the words "including" and "include" mean "including, but not limited to."

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Final Surge LLC may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH FINAL SURGE LLC ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion ("Event"), and such supplemental terms will be disclosed to you in separate Event disclosures (e.g., a particular Event webpage on Final Surge LLC.com) or in connection with the applicable Service(s).

Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Final Surge LLC may amend the Terms from time to time. Amendments will be effective upon Final Surge LLC's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.

Payment and Subscription Fees

To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by Final Surge) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting https://www.finalsurge.com/my-account. If you paid through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Final Surge, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately at support@finalsurge.com.

Subscription Fees

Our Services consist in different subscription packages, offering different functionality, with different fees.

You are responsible for all charges and fees associated with connecting to and using the Website and/or Mobile App, including without limitation all telephone access lines (including mobile data and data roaming charges), telephone or internet service provider fees and any other fees and charges necessary to access our Website and Mobile App.

If you are a subscriber to our Services, you further agree as follows:

You agree not to register or subscribe for more than one (1) account, create an account on behalf of someone else, or create a false or misleading identity on the Website or on the Mobile App. You will be responsible for the fees and charges you selected at the time of subscription.

BY PURCHASING A SUBSCRIPTION TO THE SERVICES, YOU AGREE THAT, ONCE YOUR SUBSCRIPTION EXPIRES, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS EQUAL IN LENGTH TO THE IMMEDIATELY PRECEDING SUBSCRIPTION PERIOD UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Services or continued use of the paid subscription features of the Services will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically cancelled as of the end of your current billing cycle. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. If (i) you purchased a multiple-period prepayment plan or (ii) you were eligible for a promotional rate but are no longer eligible for that rate, then your subscription will be offered to renew your subscription at our then-current non-promotional subscription rates at the start of the renewal period.

ALL FEES AND CHARGES ARE NON-REFUNDABLE. If you reside outside the United States, you may be entitled to change your mind and receive a full refund within fourteen (14) days, provided that you have not logged in or otherwise redeemed or started to use the Services during this Period.

Cancellation of Subscription

If you signed up on FinalSurge.com, you may cancel your subscription by visiting your “My Account” page, selecting your subscription, and choosing the “Cancel Subscription.” Option. If you signed up through the Google Play or iTunes store, you may cancel your subscription by downgrading through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. You may also request to cancel a subscription BY CONTACTING US BY EMAIL (support@finalsurge.com). WE WILL ATTEMPT TO PROCESS ALL CANCELLATION REQUESTS WITHIN SEVENTY-TWO (72) HOURS AFTER WE RECEIVE YOUR REQUEST. WE RESERVE THE RIGHT TO COLLECT FEES, SURCHARGES, OR COSTS INCURRED BEFORE YOUR CANCELLATION TAKES EFFECT. FINAL SURGE HAS NO OBLIGATION TO OFFER OR PROVIDE ANY REFUND FOR THE CANCELLATION OF ANY SUBSCRIPTION.

For purposes of your use of the Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Services (“Subscription Data”). Please refer to our Privacy Policy for more detailed information on the types of information we collect. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms, if you provide any information that is untrue or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription.

Free Trials

Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.

Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Final Surge LLC on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Final Surge LLC, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Final Surge LLC by someone else.

Agreement to Binding Arbitration Between You and Final Surge LLC

You and Final Surge LLC agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Final Surge LLC, and not in a court of law. You acknowledge and agree that you and Final Surge LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Final Surge LLC otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Final Surge LLC each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of North Carolina.

Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of North Carolina and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure

The arbitration will be conducted in Raleigh, North Carolina. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Final Surge LLC submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Final Surge LLC will not seek, and hereby waives all rights Final Surge LLC may have under applicable law to recover, attorneys' fees and expenses if Final Surge LLC prevails in arbitration.

Fees

It is your responsibility to pay AAA filing fees, and any administrative and arbitrator fees will be allocated as set forth in the AAA Rules.

General Disclaimer

The content and information provided by the Services is provided for informational purposes only. The content is not intended in any way to be a substitute for professional coaching or medical advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition.

NOTHING PROVIDED IN THE SERVICES IS INTENDED TO DIAGNOSE, TREAT, PREVENT, PROTECT, OR IMPROVE ANY INJURY, DISEASE, OR MEDICAL CONDITION AND IT IS SOLELY YOUR RESPONSIBILITY TO SEEK PROFESSIONAL TREATMENT AND ADVICE IN ALL SUCH MATTERS AND CONDITIONS.

Final Surge LLC does not recommend or endorse any specific coaches, products, exercises or procedures that may be mentioned in the Services or any companies or organizations using a branded version of Final Surge LLC's Athlete Training Log ("Log"). A Log shall be considered as provided a part of Services and shall be subject to the same Terms. Final Surge LLC does not assume any liability for the contents of any material provided in the Services or from coaches, businesses or organizations using the Services. Reliance on any information provided by Final Surge LLC, or other visitors to the Services is solely at your own risk. Final Surge LLC assumes no liability or responsibility for damage or injury to persons or property arising from any use of any coaching, exercises, products, information, ideas, or instructions contained in the materials provided to you. Final Surge LLC reserves the right to change or discontinue at any time any aspect or feature of the Services.

The Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Final Surge LLC of the content on such third-party websites. Final Surge LLC is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the Terms and Conditions of use for such sites. Final Surge LLC is based in Raleigh, North Carolina, in the United States of America. Final Surge LLC makes no claims the Services and Content is appropriate or may be used outside of the United States. Access to the Services and Content may not be legal by certain persons or in certain countries.

IF YOU ACCESS THE SERVICES AND CONTENT FROM OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.

Privacy Policy

Maintaining your privacy is of paramount concern to Final Surge LLC. Final Surge LLC’s collection and use of personal information in connection with the Services is described in Final Surge LLC's Privacy Statements located at the end of these Terms and at https://www.finalsurge.com/privacy-and-terms-of-use .

Use of Content ©

Upon acceptance of these Terms, Final Surge LLC authorizes you to view and use the material provided by the Services solely for your personal, noncommercial use. Special rules may apply to the use of certain features provided by the Services. Any such special rules are listed as "Legal Notices" in the Services and are incorporated into these Terms and Conditions by reference.

The contents provided by the Services, such as text, graphics, images and other material including software licensed by Final Surge LLC to permit Users to access the Services ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User.

Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Final Surge LLC.

Content is subject to change without notice at the editorial discretion of Final Surge LLC. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

We respect the intellectual property of others, and we ask you to do the same. It is our policy not to permit Content known by us to be infringing to remain part of Services. If you believe that any Content provided by the Services constitutes copyright infringement, please notify us immediately of the infringing Content and provide the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website;
• Your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Your notice of claim of copyright infringement can also be sent by directing an email (copyright@FinalSurge.com) or letter to the following designated copyright agent:

Final Surge LLC
Copyright Agent
9660-138 Falls of Neuse Rd
#185
Raleigh, NC 27615

Upon our receipt of a proper notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the Content claimed to be infringing and will follow the procedures specified in the Digital Millennium Copyright Act ("DMCA") to resolve the claim between the notifying party and the alleged infringer who provided the Content at issue.

Content Liability; Disclaimer of Consequential Damages.

The Content comes from sources believed to be accurate but may contain inaccuracies or typographical errors. Final Surge LLC makes no representations about the results to be obtained from using the Services or the Content. The use of the Services and the Content is at your own risk.

You acknowledge that in connection with the Services, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third-party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Final Surge LLC and their suppliers. Accordingly, Final Surge LLC assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Services.

The Services and the Content contained therein are provided on an "as is" basis without any warranties of any kind. Final Surge LLC, their licensors, and their suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. Final Surge LLC, their licensors, and their suppliers make no representation or warranties about the accuracy, reliability, completeness, currency or timeliness of the content, software, text, graphics, links, or communication provided on or through the use of the Services or the Content.

FINAL SURGE LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES OR CONTENT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF FINAL SURGE LLC, EVEN IF FINAL SURGE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FINAL SURGE LLC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF FINAL SURGE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FINAL SURGE LLC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FINAL SURGE LLC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Intellectual Property

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FINAL SURGE LLC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Use of Interactive Areas

Final Surge LLC may provide chat rooms, forums, list serves, message boards and other means of direct unmonitored communications between users of the Services (“Interactive Areas”) as part of the Services. Final Surge LLC does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interactive Area users or endorse any opinions expressed by such users.

ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.

If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. Final Surge LLC does not assume any responsibility for the consequences of any Interactive Area communications on or arising from the use of the Interactive Areas as part of the Services.

In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms:

• Use of an Interactive Area for any purpose in violation of local, state, national, or international laws;
• Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
• Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another participant or any other person or entity as determined by Final Surge LLC at their sole discretion pursuant to this Section 7;
• Post advertisements or solicitations of business;
• After receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form and intended to not have a topic);
• Post chain letters or pyramid schemes;
• Impersonate another person;
• Allow any other person or entity to use your identification to post or view comments;
• Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is strictly prohibited); or
• Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgment of Final Surge LLC exposes Final Surge LLC or any of their customers or suppliers to any liability or detriment of any type.

Final Surge LLC does moderate or not screen communications in advance and is not responsible for material posted by you, coaches or any other person or entity. Final Surge LLC reserves the right to remove communications that have received complaints, are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Final Surge LLC or others; or (iii) act in an emergency to protect the personal safety of our guests or the public. In addition to the removal rights described above, Final Surge LLC reserves the right to terminate your access to any or all Interactive Area upon your breach of these Terms.

FINAL SURGE LLC HAS NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED MODERATING OR SCREENING ACTIVITIES.

Advertisements

The Services and Content may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, Final Surge LLC does not endorse any product or make any representation regarding the content or accuracy of any materials contained in or linked to, any advertisement on provided by the Services and Content.

Indemnity

You agree to defend, indemnify and hold Final Surge LLC, their officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services, Content (including software), or the Interactive Areas in a manner that violates or is alleged to violate these Terms. Final Surge LLC shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Mobile Apps End User License Agreement (EULA) for Apple iOS Mobile Apps

You agree to defend, indemnify and hold Final Surge LLC, their officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services, Content (including software), or the Interactive Areas in a manner that violates or is alleged to violate these Terms. Final Surge LLC shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Acknowledgement

The EULA is concluded between Final Surge LLC and you only, and not with Apple, and Final Surge LLC, not Apple, is solely responsible for the Licensed Application and the content thereof. This EULA may not provide for usage rules for Licensed Applications that are in conflict with the App Store Terms of Service as of the Effective Date.

Scope of License

The license granted to the end-user for the Licensed Application is a non-transferable license to use the Licensed Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing.

Maintenance and Support

Final Surge LLC is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. You must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

Warranty

Final Surge LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Final Surge LLC.

Product Claims

Final Surge LLC and you acknowledge that Final Surge LLC, not Apple, are responsible for addressing any of your claims or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The EULA does not limit Final Surge LLC’s liability to you beyond what is permitted by applicable law.

Intellectual Property Rights

Final Surge LLC and you acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, Final Surge LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address

Your questions, complaints or claims with respect to the Licensed Application should be directed to:

Final Surge LLC
9660-138 Falls of Neuse Rd
#185
Raleigh, NC 27615
Info@FinalSurge.com

Third Party Terms of Agreement

You must comply with applicable third party terms of agreement when using the Final Surge LLC Application, e.g., you must not be in violation of their wireless data service agreement when using the Final Surge LLC Application.

Third Party Beneficiary

Final Surge LLC and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.

Drawings and Contests

From time to time Final Surge LLC may have a drawing or contest, in which case the following rules shall apply, unless the drawing or contest has separate terms and conditions. No purchase is required to win. You do not have to be present to win. Winners will be notified by email, text, or phone call in that order based on the information on the drawing card or web signup page. Restrictions apply. Final Surge LLC employee’s or agents are ineligible to win. You must be 18 years old to win. Only one entry is allowed per person. Only one prize is awarded per person. The winner is responsible for all taxes, fees, surcharges, if any, that result from winning. The prize is supported and warrantied by manufacturer or producer, not Final Surge LLC unless Final Surge is the manufacturer or producer of the prize. Prizes won are not returnable for cash or credit. Prizes are not transferable to another party other than the winner. If the winner does not, or can not accept the prize, then to prize is canceled. Drawing or contest may be canceled without notice. Contact information on the drawing card or web signup page will be used in compliance with the Final Surge LLC Privacy Policy.

VOID WHERE PROHIBITED AND/OR THE DRAWING OR CONTEST CHANGES THE LEGAL STATUS OF FINAL SURGE LLC IN THE JURISDICTION OF THE DRAWING OR CONTEST.

Complete Agreement

EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" PROVIDED BY THE SERVICES, THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND FINAL SURGE LLC WITH RESPECT TO THE USE OF THE SERVICES AND CONTENT CONTAINED THEREIN.

Privacy Policy

Maintaining your privacy is of paramount concern to Final Surge LLC. As a user of our Final Surge LLC website(s), apps, and services ("Site"), we understand that your personal fitness is a very private matter. To power our online Training Log, the input of your personal information is necessary for you to obtain the full value of this Site. We want you to feel comfortable entrusting us with this data. The following pledges are our guarantees to help you feel more secure in our environment so that you may benefit from the programs we have designed for your overall fitness development. It is our hope that you will accept this policy with a clear expectation of Final Surge LLC's obligation to you.

Personal Information We Collect:

Member Registration
Upon registration with the Site, we will develop a user profile to assist our core content software with customizing content topics based on your user behavior. The required data fields at that time are:

• Name
• Email address
• Time Zone
• Login Password

This information will be stored in an internal database that is proprietary to Final Surge LLC. These fields are used only to determine the appropriateness of targeting content to a user and we do not serve content in a personally identifiable manner, rather, the software entreats this task in a closed database environment.

Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and mobile app services you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and mobile app services, Final Surge LLC currently does not alter its practices when it receives a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you may wish to visit http://www.allaboutdnt.com.

Workout Information

Data, metrics, and information from athletic workouts can be entered into an internal database that is proprietary to Final Surge LLC by a sports tracking device, software and apps not made or under the control of Final Surge LLC, or manually by you or your coach. This information may contain workout duration, intensity, location, route, time, date, whatever notes, comments, information you might enter, etc. and may be personally identifiable.

This workout information will be stored in an internal database that is proprietary to Final Surge LLC. However, you may also choose to share your workout information with third-parties, such as other sports tracking devices, software, and apps not made, affiliated, or under the control of Final Surge LLC, in which case Final Surge LLC will send and receive workout information from these third-parties. You may cancel these transfers to third-parties and stop the sharing of workout information at any time. Final Surge LLC has no control, responsibility, or liability for workout information once it is sent to, or prior to Final Surge LLC's receipt from, these third-parties. Final Surge LLC will not sell or share any personally identifiable workout information to third-parties without your prior approval, except as resulting from these third-party links you choose to establish and maintain.

Social Wall Information

Social Walls are licensed, set up, maintained, and moderated by coaches, clubs, and teams under the Final Surge LLC Terms of Use and Privacy Policy. Final Surge LLC provides the platform for Social Walls under the Safe Harbor provisions of the US Digital Millennium Copyright Act and as such does not edit or modify the information, content, or links posted on Social Walls (Posted Information). Our actions regarding enforcing a Social Wall's compliance with the Final Surge LLC Terms of Use and Privacy Policy are limited to the removal of the Posted Information, the closure of the non-compliant Social Wall, and the withdrawal of the current and future license to use the Final Surge LLC services and features of the non-compliant party.

Any information, data, metrics, patterns, preferences, analysis, algorithms, and predictors that may be derived exclusively from your use of the Social Walls that are directly personally identifiable to you (Non-Posted Information), shall not be accessible by, shared with, or sold to any third parties. Non-Posted Information shall be considered private and confidential and shall be subject to the Final Surge LLC Terms of Use and Privacy Policy.

Any Posted Information you post in the Social Wall feature is specifically exempt from this Privacy Policy and by so posting you are legally declaring that the Posted Information is not private or confidential and you are releasing Final Surge LLC and its affiliated parties of any and all responsibilities and liabilities that may result from the public release of Posted Information. The Social Wall features are specifically designed to place the Posted Information into the public domain. It is solely your responsibility, whether or not Final Surge LLC provides features to address privacy, security, or safety, to use caution in sharing photos, workout route maps, or other information in Posted Information that may show your home or work location, or any other Posted Information that could compromise your privacy, security, or safety.

Advertisements, announcements, product or service information, sponsorships, endorsements, recommendations, content, or links for which you were compensated to post (Commercial Information) is specifically prohibited in Final Surge LLC Social Walls. Final Surge LLC shall be the sole and final determiner of what constitutes Commercial Information. Further, any commercial or financial interest you have in the Posted Information must be contemporaneously disclosed in the post in compliance with the US FTC regulations as described in FTC Endorsement Guidelines.

Report to Final Surge LLC, at a minimum using the reporting feature provided in the Social Wall, any objectionable or concerning Posted Information you observe on the Social Wall. All Posted Information and Non-Posted Information must comply with the Final Surge LLC Terms of Use and Privacy Policy.

Payment Information

If you are purchasing a product or service, or using a paid account, we collect your payment information so that we can automatically charge your credit card when you purchase the product or service. This information is only shared with the company that is processing the credit card payments for us and we do not store this information.

European Union Global Data Protection Regulation

Final Surge LLC understands Member Registration, Workout Information, Social Wall Information, and Payment Information may be considered Personal Data under European Union Global Data Protection Regulations (GDPR). Final Surge LLC endeavors to comply with GDPR including, but not limited to, a) protecting your right to have Personal Data collected only after you have specifically taken action to approve the collection of your Personal Data, b) the right to easily access a mechanism to withdrawal that approval and have your Personal Data promptly removed from our proprietary internal database, c) using industry standard best practices to maintain care, custody, and control over the Personal Data we collect, and d) reporting as prescribed by GDPR any breach of Personal Data within 72-hours of our discovery of such breach. Final Surge LLC believes the nature and scope of the Personal Data it collects does not require the designation of a GDPR Data Protection Officer.

Final Surge LLC Online Training Log Registration

If you enroll in the Final Surge LLC Online Training Log, you will be required to enter personal data that will be utilized to calibrate the mechanisms of the software allowing your progress to be tracked and files to be stored. If you are signed up with a coach using Final Surge LLC, then your information will be accessible to that coach so they can fulfill their coaching contract with you.

Children and Students

This section of the Final Surge LLC Privacy Policy is included to address the Children's Online Privacy Protection Act (COPPA), the Connecticut Public Act No. 16-1 "An Act Concerning Student Data Privacy" (Connecticut Student Privacy Act), and any similar law, rule, or regulation. If you are under the age of thirteen (13) years (Children) you may not open an account, sign up, or use any Final Surge LLC products or services without the express written consent of a parent or legal guardian (contact Final Surge LLC for details). No personally-identifying information is knowingly collected from Children, and if we discover that we have inadvertently collected such information, it will be promptly removed from our care, custody, and control. If you are currently enrolled in a public or private middle or high school, or are a homeschool student (collectively Student), you must inform us that you are a Student and provide the name and contact information of your parent, guardian, or school coach when opening an account or signing up for any Final Surge LLC product or service. Final Surge LLC will not collect, store or use Student information, Student records, Student-generated content or persistent unique identifiers for purposes other than the furtherance of school purposes. Other requirements of COPPA and Connecticut Student Privacy Act are covered by the general provisions of this Final Surge LLC Privacy Policy which apply to all users of Final Surge LLC products and services, including Children and Students.

Promotional Campaigns

From time to time, either Final Surge LLC or a third-party might host a promotional campaign in the Site environment. These campaigns have a variety of objectives such as ensuring that we are satisfying membership needs, assessing the performance of areas of the Site, and introducing new products or offers. In these cases a specialty promotional privacy statement will be implemented in the framework of the promotion, which will give specific direction as to the treatment of collected information. Oftentimes the information will be necessary for fulfillment obligation of a prize or sample. Final Surge LLC conducts all promotional campaigns within the guidelines of this privacy policy.

Your Workout and Coaching Content

Final Surge LLC does not claim ownership rights to your workout and coaching content and data. We do retain the right to use your content to provide services required by the system to you and other system users that you have linked your account to. We may also use your content in a non-identifiable manner for purposes such as marketing, system development and testing. Members may export their Log data at any time as long as their account is still open. If a Member cancels an account, the data will be retained in our system for one (1) month before deletion and may not be recoverable after that time period. Final Surge LLC is not liable for data that is altered, lost or damaged at the hands of the Member or third parties (third parties include, but are not limited to, coaches, hosting, backup, and data storage companies). We will make a good faith effort to try to restore or recover missing or damaged data, but cannot guarantee recovery.

Information Disclosure

Except as set forth in this policy, Final Surge LLC will not disclose, sell or rent your information it gathers to any unaffiliated third parties. Unless as provided below, disclosure of information to any other third parties will not be used in a manner that can be linked to you or that identifies you ("Personally Identifiable Information"). Any information provided to third parties from Final Surge LLC about you will be treated in accordance with this privacy policy, unless you are otherwise notified and expressly consent to such information being given. In the following limited circumstances we will consider, and may release, Personally Identifiable information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena, or court order; (2) in special cases such as a physical threat to yourself or others; (3) to coaches who, by way of signing up for a coaching account with Final Surge LLC ("Coaches"), offer coaching services in conjunction with Final Surge LLC to facilitate their coaching of you; or (4) pursuant to a partnership agreement or the like with Final Surge Partners (as defined below). By accepting the Terms contained herein, you acknowledge receipt of and agree to Final Surge LLC's privacy policy, and you hereby expressly consent to Final Surge LLC's processing, collecting and retaining of your personal information, including your Personally Identifiable Information. You further acknowledge and agree that Final Surge LLC cooperates with and establishes partnerships with other third parties from time to time ("Final Surge Partners"), to offer joint products and services to you in connection with the Services provided by Final Surge LLC. When you purchase such products or services we may share personal information, or Personally Identifiable Information limited to your name, email and address, related to your purchase with our Final Surge Partners. Information received by those Final Surge Partners in connection with your purchase will be subject to the Final Surge LLC privacy policy in addition to their own internal privacy policy, if any. Final Surge LLC publishes a privacy policy on its web site and may amend such policy from time to time in its sole discretion. You acknowledge that you had the opportunity to review how your information will be stored and used by Final Surge LLC in accordance with this published privacy policy of Final Surge LLC and that you consented to this privacy policy prior to agreeing to the Licensed Application.

Final Surge Partners: Final Surge LLC is affiliated with a variety of third parties and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These third parties may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. Final Surge LLC also provides services or sells products jointly with these third parties, including providing you with the opportunity to sign up with such third parties and allow them to more effectively market to you. When a third party assists in facilitating your transaction or performs the Services related to your transaction, we may need to share information related to the transaction with that third party in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms.

Aggregate Information

In most cases, Final Surge LLC will provide aggregate information about you, which does not allow you to be personally identified or contacted ("Aggregate Information") to third parties. For example, we might inform third parties regarding the number of members registered for the Final Surge LLC Training Log who are over the age of 25. We might also inform a fitness apparel manufacturer (that may or may not be an advertiser on our Site) that 45% of the women on our Site train more than 3 times a week. Depending on the circumstances, we may or may not charge them for this information.

Internal Privacy

Final Surge LLC utilizes databases to produce results of our Site performance and give us the activity measurement of our Site. This enables us to continually refine and improve the Site environment and provide the best service to you. Only authorized Final Surge LLC employees are permitted access to your personally identifiable information and all Final Surge LLC employees are required to abide by our Privacy Policy. Those who violate the terms of this policy are subject to disciplinary action, up to and including termination.

Your Choice

When you complete the registration form and your profile, you will be given the opportunity to receive recurring information/promotional emails and offers from Final Surge LLC and/or third parties. To access these preferences, login to your account, click on "Settings" and edit your Send Email Update preferences.

This Policy May Change

As we grow and offer you new service features, we will continually evaluate this policy to ensure that your privacy is maintained and to protect your personally-identifiable information. We reserve the right to update this policy at any time without prior notice. Revised policies will be posted on the Site. Your continued use of the Site signifies agree to all revised policies. If you do not agree to the terms of this Privacy Policy or any revised policy, please discontinue using the Site immediately and contact us to have your account deleted.