Terms of Use
(last modified: February 20, 2025)

Acceptance of these Terms of Use

Welcome to www.athleticocares.org (the “Website”) of Athletico Cares Foundation, Inc., an Illinois not-for-profit corporation (“Athletico Cares”, “Company”, “us”, “we” and “our”). The following terms (together with any documents referred to in them, collectively these “Terms of Use” or “Terms”) apply to your use of the Website, including any content, functionality and services offered on or through the Website.

 

Please read the Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, all of which are incorporated herein by this reference. By accessing or using this Website, you agree to abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you must not use and immediately exit the Website.

 

Changes to our Terms of Use

We reserve the right to amend these Terms of Use at any time, for any reason. All changes to these Terms of Use are effective immediately when posted by us. Your continued use of this Website after we make changes is deemed to be your acceptance of those changes, so please check the policy periodically for updates. If you do not agree with our policies and practices, your choice is not to use our Website.

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The Website is for your noncommercial, personal use

The Company makes the Website available for your lawful, noncommercial, personal use, general information, and educational purposes only and grants you a limited, revocable, non-assignable, non-sublicensable, terminable, nonexclusive license to access and use this Website for your noncommercial use. This Website includes content which is licensed to the Company by third parties for inclusion on the Website. No part of this Website may be reproduced or otherwise exploited for commercial purposes without the express written permission of the Company.

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COPPA Compliance

The Website is not directed at children under the age of 13. We comply with the Children’s Online Privacy Protection Act (“COPPA”) and do not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age. If you believe information of a child under 13 has been submitted, please advise us in writing and we will delete it.

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Geographic Restrictions

The Company only offers services within the United States, and the Website is only intended to be used by users in the United States. If you are visiting the Website from outside the United States of America, your information will be transferred to, stored, and processed in the United States. By visiting the Website, you consent to the transfer of your information to the United States and the use and disclosure of your information as described in this Privacy Policy. Furthermore, you consent to the exclusive jurisdiction of the United States for purposes of any question of law or fact related to your use or access to the Website.

 

Disclaimer of Warranties and Limitation of Liability

The Company makes no representations or warranties about the suitability of the Website for any particular purpose. The Company assumes no responsibility for any loss or harm that occurs resulting from your use of the Website. Your use of the Website is solely at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

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THIS WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE IS SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

 

THE INFORMATION CONTAINED ON THE WEBSITE IS NOT CONFIDENTIAL.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.

 

BY USING OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

 

IF THE FOREGOING LIMITATIONS ARE DISALLOWED, IN ANY EVENT, THE TOTAL LIABILITY FOR THE COMPANY SHALL BE $5.00 USD.

 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.

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Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States District Court for the Northern District of Illinois, Eastern Division, or the courts of the State of Illinois located in the County of DuPage, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Additional Terms

The Website is comprised of content provided by the Company as well as content provided in conjunction with, or solely by, third parties. In addition, the Website may contain links to other websites or access to applications that are outside of our control. As a result, in order to access some information, products, services, or websites you may be required to accept additional terms, or additional terms may be presented to or made available to you. The additional terms will supersede, modify, or supplement these Terms. To the extent that such information, product, service, or website is provided by a third party, the Company assumes no responsibility for such third-party information, products or services and you acknowledge that the Company is not responsible for the accuracy or other aspects such third party information, products, or services.

 

Copyright and Trademark Information

All software, content, and the compilation of all content included on this Website is the property of the Company or its licensors and is protected by copyright laws. The Company logo is a registered trademark of the Company. The product and service names profiled herein are proprietary marks of the Company. All other brands and names are the property of their respective owners. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the material on the site without the prior written consent of the Company.

 

We will comply with the Digital Millennium Copyright Act

If you have any copyright concerns about materials posted on the Website, you agree to let the Company know. Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement should be sent to the Company’s Designated Agent. An effective notification contains the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.

• 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 the service provider to locate the material.

• Information reasonably sufficient to permit the service provider 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.

• 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.

• 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.

 

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

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Contact Information

If you have any questions about these Terms of Use or otherwise relating to our Website, please contact us as follows:

 

By email at:      athleticocares@athletico.com.

 

By mail at:        Athletico Cares Foundation, Inc.

2122 York Road, Suite 300

Oak Brook, Illinois 60523