Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. You must agree to these Terms and Conditions in order to use this site. If you do not agree to all of the Terms and Conditions of this agreement, please do not use this site.

Final Surge LLC ("we," "our," "FinalSurge.com") may revise and update these Terms and Conditions at any time. Please periodically review the Terms and Conditions posted on this site because your continued usage of this site ("Site") will mean you accept the changes.

Section 1. General Disclaimer.

The content on the Site as presented 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.

Final Surge LLC does not recommend or endorse any specific coaches, products, exercises or procedures that may be mentioned on the Site or any companies or organizations using a branded version of Final Surge LLC's Athlete Training Log ("Log"). Final Surge LLC does not assume any liability for the contents of any material provided on the Site or from coaches, businesses or organizations using the Log service. Reliance on any information provided by Final Surge LLC, or other visitors to the Site 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 this Site.

The Site may contain links to third party Web sites. 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 Web sites. Final Surge LLC is not responsible for the content of linked third-party sites 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 Web sites, you do so at your own risk. Your use of third-party Web sites is subject to the Terms and Conditions of use for such sites.

Section 2. Position on Your Privacy.

a. General. Final Surge LLC recognizes the premium you place on privacy protection on the Internet. We strive to protect your privacy, including the non-identifying information you share in the personal profile that you must complete in order to become a participating member ("Member," "Members," "User," "Users," "you," "your," "their").

Final Surge LLC does not collect personally identifiable information about Members or other Site Users except when such individuals specifically provide such information on a voluntary basis. A Member's or User's access to and use of the Final Surge LLC Log or services constitutes information voluntarily given by the Member or User.

b. Use of Registration Information. Personally identifiable information of individual Members and Users will not be sold or otherwise transferred to unaffiliated third parties without the Member's or User's prior consent. Final Surge LLC may use registration information and other voluntarily submitted information in the following ways:

• To provide our editors with information that is useful in developing new features and services for Site Members and Users
• To provide advertisers with general – never individual – information about our Member base and User usage patterns; and
• To allow us to potentially vary advertising based on Member and User preference.
• To provide the Member base and User with an individual experience on our site through personalization.

Final Surge LLC reserves the right to perform statistical analyses and profiling of Member and User behavior and characteristics in order to measure interest in and use of the various areas of the site and to inform advertisers of such information. Final Surge LLC will provide only aggregate data from these analyses to third parties; no personally identifiable information will be disclosed. Final Surge LLC may, at some time, permit third parties to offer subscription and/or registration-based services through the Site. In this event, Final Surge LLC will not be responsible for any actions or policies of such third parties and Members and Users should check the applicable privacy policy of such party before providing personally identifiable information.

Final Surge LLC has the option of sending regular email updates to Members. If you wish to not receive these emails, please login to your account, click on "Settings" and edit your Send Email Update preferences. Please allow two to three business days for the actual cancellation to take effect. We will not share your email address with third parties without first receiving your permission.

c. Cookie Technology. The Site employs cookie technology to allow Subscribers and Users to move more quickly through our site. Cookies are small text files a website can use to recognize repeat users and facilitate the user's ongoing access to and use of the site. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. They do not come onto a user's system nor do they pose a threat to a user's files. Subscribers and Users should be aware that Final Surge LLC cannot control the use of cookies by advertisers or third parties hosting data for the Site. However, if a Subscriber or User does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature. Please note that cookies may be necessary to provide the Subscriber or User with certain features (for example, customized delivery of information) available on the Site.

Section 3. Use of Content; Copyright.

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

The contents of the Site, such as text, graphics, images and other material including software licensed by Final Surge LLC to permit Users to access the Site ("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 and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Section 4. Company's 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 Site or the Content. The use of the Site and the Content is at your own risk.

You acknowledge that in connection with the Site, 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 Site.

The Site 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 Site.

In no event shall Final Surge LLC, their licensors, their suppliers or any third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, physical injuries, incidental and consequential damages, loss of data, lost profits or business interruption). Final Surge LLC shall not be liable to you for gross negligence or any willful misconduct of any kind.

Section 5. Data Ownership of Your 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 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 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.

Section 6. Use of Interactive Areas.

Final Surge LLC may provide Interactive Areas on the Site. 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 use of the Site.

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

1. Use of an Interactive Area for any purpose in violation of local, state, national, or international laws;
2. Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another Member or any other person or entity as determined by Final Surge LLC at their sole discretion pursuant to this Section 12;
4. Post advertisements or solicitations of business;
5. 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);
6. Post chain letters or pyramid schemes;
7. Impersonate another person;
8. Allow any other person or entity to use your identification to post or view comments;
9. Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is strictly prohibited); or
10. 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 not screen communications in advance and is not responsible for material posted by Members, 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 and Conditions 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 a Member's access to any or all Interactive Area upon Member's breach of these Terms and Conditions.

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

Section 7. Advertisements.

The Site may contain advertisements by third parties, and these advertisements may contain links to other Web sites. 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 the Site.

Section 8. 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 Content (including Software), or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. 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.

Section 9. General.

Final Surge LLC is based in Raleigh, North Carolina, in the United States of America. Final Surge LLC makes no claims the Content is appropriate or may be used outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Section 10. Jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with Final Surge LLC, or in any way relating to your membership or use of the Site, resides in the courts of the State of North Carolina and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of North Carolina in connection with any such dispute including any claim involving Final Surge LLC or their affiliates, employees, contractors, telecommunication providers and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Section 11. Complete Agreement.

EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE SITE, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND Final Surge LLC WITH RESPECT TO THE USE OF THE SITE AND ANY SOFTWARE AND CONTENT CONTAINED THEREIN.

 

Privacy Policy

Maintaining your privacy is of paramount concern to Final Surge LLC. As a user of our Web site and services, 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 application. 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:

1. Name
2. Email address
3. Time Zone
4. 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.

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.

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.

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.

Information Disclosure

Except as set forth in this policy, Final Surge LLC will not disclose your information it gathers to any unaffiliated companies. If you are using a coaching service in conjunction with Final Surge LLC, your coach will have access to your information in order to facilitate their coaching of you. 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; or (2) in special cases such as a physical threat to yourself or others. 

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 anonymity is maintained and to protect your personal 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 contact us to have your account deleted and discontinue using the site immediately.