Terms and Conditions

Terms and Conditions for hitbox.fit

Introduction: These Terms and Conditions (“Agreement”) govern the use of the hitbox.fit website (“Site”), owned and operated by TJ Mohler (“Company”, “We”, “Us”, “Our”). By using the Site, you agree to be bound by the terms of this Agreement.

Eligibility: Use of the Site is limited to individuals who are 18 years of age or older. Minors may only use the Site with the consent of a parent or legal guardian.

Modification of Terms: We reserve the right to modify the terms of this Agreement at any time. Your continued use of the Site following any such modification constitutes your agreement to be bound by the modified terms.

User Accounts: To access certain features of the Site, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

User Content: The Site may allow users to submit, upload, publish or otherwise make available content, including but not limited to text, photographs, videos and audio (collectively, “User Content”). You retain all rights in and to your User Content. By making any User Content available through the Site, you grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site and Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

User Conduct: You agree not to use the Site to: (a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (d) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Intellectual Property: The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms do not grant you any right, title or interest in the Site, its content or any related trademarks or logos.

Disclaimers: The Site and all content, products and services included on or otherwise made available to you through the Site are provided on an “as is” and “as available” basis, unless otherwise specified in writing. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. You expressly agree that your use of the Site is at your sole risk.

Limitation of Liability: The Company will not be liable for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive and consequential damages.

Indemnification: You agree to indemnify and hold the Company, its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of User Content submitted by you, your use of the Site, your violation of the Agreement, or your violation of any rights of another.

Governing Law: This Agreement and your use of the Site will be governed under Missouri state law.

Dispute Resolution: Any dispute arising from this Agreement or your use of the Site will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Severability: If any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Entire Agreement: This Agreement constitutes the entire agreement between you and the Company regarding the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein.

Contact Information: If you have any questions or concerns regarding this Agreement, please contact us at tj@hitbox.fit.