Science of Rowing

Terms and conditions of use

Last updated July 31, 2022

Introduction

1. These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Science of Rowing, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
2. In these terms and conditions, ‘User’ or ‘Users’ means any third party that accesses the Website and is not either (i) employed by Science of Rowing and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Science of Rowing and accessing the Website in connection with the provision of such services.
3. You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

1. All Content included on the Website, unless uploaded by Users, is the property of Science of Rowing, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
2. You may, for your own personal, non-commercial use only, do the following:

• retrieve, display and view the Content on a computer screen;
• print one copy of the Content.

     3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Science of Rowing. 

    4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality, and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.

    5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Science of Rowing for all claims resulting from Content you supply.

Prohibited use

• You may not use the Website for any of the following purposes:
• in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
• in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
• making, transmitting, or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration and membership

1. You must ensure that the details provided by you on registration or at any time are correct and complete.
2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
3. We may suspend or cancel your registration and membership with immediate effect for any reasonable purposes or if you breach these terms and conditions.
4. You may cancel your registration at any time by emailing us using the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
5. You may cancel your paid monthly and annual membership at any time before the next renewal date within your membership account. 
6. There are no refunds or pro-rating for monthly memberships.
7. We will refund annual memberships within 30 days of purchase, minus the first month of membership ($15) and payment processing fees.
8. Boathouse Memberships are also refundable within 30 days, minus the first month of membership ($15 per member) and payment processing fees.
9. You can re-activate your subscription at any time through your membership account.

Password and security

1. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
2. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Links to other websites

1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Science of Rowing or that of our affiliates.
2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Notice

1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: 

• Privacy Policy: https://www.scienceofrowing.com/privacy
• Cookies Notice: https://www.scienceofrowing.com/cookies

Availability of the Website and disclaimers

1. Any online facilities, tools, services, or information that Science of Rowing makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. Science of Rowing is under no obligation to update information on the Website.
2. Whilst Science of Rowing uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses, and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
3. Science of Rowing accepts no liability for any disruption or non-availability of the Website.
4. Science of Rowing reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
2. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
3. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
4. To the maximum extent permitted by law, Science of Rowing accepts no liability for any of the following:

• any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
• loss or corruption of any data, database or software;
• any special, indirect, or consequential loss or damage.

General

1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
4. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
5. Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
6. This Agreement shall be governed by and interpreted according to the law of the State of Kansas, USA and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the State of Kansas, USA courts.

 Science of Rowing details

1. You can contact Science of Rowing by email at Joe@ScienceofRowing.com 
2. Our address is 4601 E Douglas Ave., STE 150, Wichita, Kansas, 67218, USA

Disclaimer

1. Any and all recommendations within Science of Rowing’s Services or Products are not medical guidelines but are for educational purposes only. The authors strongly recommend that you consult with your physician before beginning any exercise program. 
2. You should be in good physical condition and be able to participate in any sort of exercise. The authors are not licensed healthcare care providers and represents that they have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
3. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. 
4. If you engage in exercises from this publication, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Science of Rowing, its staff, affiliates, and its contractors from any and all claims or causes of action, known or unknown, arising out of the Products and Services from Science of Rowing.
5. Science of Rowing advise you to take full responsibility for your safety and know your limits.
6. Before practicing the skills described within the Services and Products, be sure that your equipment is well maintained and do not take risks beyond your level of experience, aptitude, training, and comfort level.
7. The recommendations in the Services and Publications are not intended as a substitute for any exercise routine, treatment, or dietary regiment that may have been prescribed by your physician. 
8. Don’t lift heavy weights if you are alone, inexperienced, injured, or fatigued. 
9. Don’t perform any exercise without proper instruction. Always perform a warm up before all forms of training.