Be Active Terms of Service

Welcome to the Be Active website (the “Site”).  The Site is provided by Be Active North Carolina, Inc. (“Be Active” or “We”).  Since 1991, We have worked to provide people with the knowledge, skills and opportunities to lead physically active lives.  We have created this Site to promote physical activity and health and to provide participants with a place to engage with others seeking a more active lifestyle, find information, tips, articles and other content relating to physical activity and healthy living and to track and monitor their own goals and activity level.

1)   Agreement.  BY REGISTERING WITH BE ACTIVE AND/OR USING THE SITE, YOU ACCEPT THESE TERMS OF SERVICE (the “Terms of Service“) AND THE BE ACTIVE PRIVACY POLICY WHICH IS LOCATED AT [hyperlink here] AND INCORPORATED HEREIN BY REFERENCE. If You do not agree to any of these Terms of Service, then please do not register as a User of or use the Site.

You must be over 13 years old in order to register with Be Active.  The Site is not intended for use by children aged 13 and under.  If You are 13 years old or under, please do not attempt to use or register to use the Site. However, schools and other gatherings may register a “team” which will not include any personally identifiable information regarding any users and such team must be led by and registered under an adult.  Such leader shall ensure that he or she has obtained all necessary permissions from its team members and their parents or guardians as may be necessary. Family groups may also register as a “team” and personally identifiable information regarding any children will not be included in the “team” profile.  Each family team must be led by and registered under the account of the parent or other legal guardian.

2)   Registration.   You may access and view the Site without registering with Be Active.  However, in order to use the Site, You must register with Be Active and provide certain limited personal information such as Your first name, last name, email address, date of birth, county of residence and zip code.  We may also request certain other information relating to Your current level of physical activity, gender, personal activity preferences (what physical activities you enjoy) and similar information.  You are solely responsible for providing complete and accurate registration information and for updating such information from time to time as necessary.   If any information provided by You is untrue, inaccurate or not current, Be Active reserves the right to terminate Your account and Your use and access to the Site.

As part of the registration process, You may be given or asked to select a username and password.   Be Active may refuse to permit use of any username or password for any reason in its sole discretion, including without limitation, if such user name or password is illegal, obscene, offensive, protected by trademark or other intellectual property rights or may cause confusion.  You are solely responsible for the activity that occurs through use of Your password and Your account with Be Active.  You must notify Be Active immediately of any breach of security or unauthorized use of Your account or use of Your password.

3)   Payment. There is currently no charge for using the Site; provided, however, that Be Active reserves the right to institute registration, membership or other fees at any time in its sole discretion, either for continuing use of the Site or for any specific functionality.  If Be Active institutes any such fees, Your access to the Service or the specific functionality may be terminated if You do not choose to pay such registration or other fees.  Some features may be offered free of charge to our users by our third party partners for a limited period of time. You understand and agree that use of such third party feature(s) may become subject to registration with such third party partner and payment of applicable registration or subscription fees upon the expiration of such limited period, which registration You may choose to complete or decline in your sole discretion.

4)   Use of the Site.

a)   Be Active hereby grants You permission to use the Site as set forth in the instructions and documentation on the Be Active Site, in these Terms of Service and solely for Your personal, noncommercial use.

b)   You may create Your own profile page for your dashboard, through which You may follow Your own daily activities, find recommended activities in Your area, list Your “teams” and monitor Your overall progress toward increasing or maintaining your activity level.   You are solely responsible for your own actions and communications using the Site.   You may not post, transmit or share any information or materials that You did not create and/or have permission to post.  Be Active may, but is not obligated, to review user submissions and may delete or restrict access to any submission in its sole discretion.

c)   You may create or join the Site as a Team member and Teams may search for other Teams and issue activity challenges to such Teams through the Site.  However, You may not and You shall not attempt to, search for any individual Team member or other individual user to obtain information regarding such user or to access any other user’s page(s) without permission.

d)   You further agree that You will not:

• use the Site in any way to bully, abuse, harass, threaten, impersonate or intimidate any person or user, or to otherwise interfere with another user’s use and enjoyment of the Site;
• contribute or post any material that is infringing, libelous, defamatory, obscene, pornographic, indecent, abusive, threatening, harassing, or otherwise violates any law or right of any third party, including but not limited to rights of privacy or publicity or intellectual property rights;
• use the Site for any illegal or unauthorized purpose or otherwise to violate applicable law, or to encourage conduct that would be considered a criminal offense, give rise to civil liability, or violate any law;
• post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;
• upload, download, transmit or otherwise distribute (including via third party sites) any viruses or other disruptive or destructive files;
• create or submit unwanted email (“Spam”) to any other user or any URL, or otherwise to post advertisements or solicit business or engage in any commercial communications;
• use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site, any other user’s pages or any statistics or other data;
• distribute, frame, reproduce or transmit any content or data available through the Site;
• attempt to upload any images or data to another user’s pages without permission; or
• collect, share, store, or analyze data about other users, including without limitation, other team members;
• use the Site for any commercial use or in support of any other person or entity, including without limitation, soliciting users for your or any other person’s business purposes.

Be Active reserves the right to suspend Your access to and use of the Site and terminate Your account if You violate, or if Be Active reasonably suspects You are in violation of, the foregoing use policy or these Terms of Service without prior notice.

e)   You may terminate Your use of the Site at any time upon notice to Be Active.  Be Active may terminate Your account and use of the Site at any time upon notice.  Upon any such termination or upon the expiration of your account, Be Active will have the right to use the non-personal information aggregated as a result of Your use of the Site as set forth below.

f)   You may be able to select certain sharing functions of the Site that would allow other users of the Site to access or view Your Profile and other information.  If you select such functions You understand and agree that Your information may be accessible to other users of the Site.

g)   You understand and agree that Be Active may collect, aggregate, analyze and use non-personally identifiable information regarding Your use of the Site and level of physical activity, including county of residence, gender, age group and similar information which shall not be linked to Your personally identifiable information (such as your name or email).   Be Active may use such non-personally identifiable information to improve the functionality, appearance or usability of the Site, to improve Be Active’s current service offerings or to create new ones, to create white papers regarding use of the Site or to issue usage reports to its donor groups. Personally identifiable information shall be used to provide the Site and to communicate with You regarding Your physical activities and participation in the Site, including recommending certain activities or sending reminders, and otherwise as set forth in our Privacy Policy.

5)   Intellectual Property Rights.  The content on Be Active Site (except Your information) including without limitation, the text, templates, software, scripts, graphics, photos, sounds, features, content, statistical data and the like (“Be Active Content”) and the Be Active trademarks, service marks, logos and trade dress contained therein (“Marks”), are owned by or licensed to Be Active, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Site and all Be Active Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Be Active or the applicable licensor. Be Active reserves all rights not expressly granted in and to the Site, including the Be Active Site and Be Active Content.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and other information You may submit to Be Active or the Site relating to the Site or Be Active’s programs (“Feedback”) shall become Be Active’s sole property. Be Active may use and incorporate any such Feedback for any purpose, including improving the Site or Be Active’s programs or creating new programs, without acknowledgement or compensation to You.

6)   Warranty Disclaimer.   We strongly recommend that You consult with Your own physician or other health care professional before engaging in any physical fitness program or activity to determine what the most appropriate level of physical activity is for you. This is particularly true if You (or anyone in your family) have a history of high blood pressure or heart disease or if You have ever experienced chest pain when exercising or recently have experienced chest pain when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. You should not participate in this program or any specific activity if Your physician or health care provider advises against it.   The recommendations, suggestions, instructions and advice contained in the Site or sent to You by Be Active are in no way intended to replace or to be construed as medical advice, diagnosis or treatment, and are offered for informational purposes only.  If You have any concerns or questions about Your health, You should always consult with a physician or other health care professional.  Do not disregard, avoid or delay obtaining medical or health related advice from Your health care professional because of content on the Site. The use of any information provided on the Site is solely at Your own risk.

You acknowledge that there is a risk of injury associated with any physical activity. Always use safe techniques and protective equipment when engaging in exercise. Be Active is not responsible or liable for any injury that may result from Your participation in any daily activity program or other physical activity. By using the Site, You agree to accept all risks associated with the activities You choose to engage in and You will not hold Be Active liable for any injury or illness that may occur.

If You are in the United States and think You are having a medical or health emergency, call 911 immediately.  If it is not an emergency, but You are experiencing discomfort, pain or other symptoms, You should contact Your personal physician or other health care provider.

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BE ACTIVE, ITS OFFICERS, DIRECTORS, DONORS, SPONSORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND WEBSITE AND YOUR USE THEREOF. BE ACTIVE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AVAILABILITY OR RELIABILITY OF THE SITE OR THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR ANY COMMUNICATIONS THROUGH THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR YOUR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR PARTICIPATION IN ANY PHYSICAL ACTIVITIES ENCOURAGED OR RECOMMENDED BY THE SITE OR BE ACTIVE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY (INCLUDING OTHER USERS), AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

7)   Limitation of Liability.  IN NO EVENT SHALL BE ACTIVE, ITS AFFILIATES, OFFICERS, DIRECTORS, DONORS, SPONSORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SITE AND WEBSITE INCLUDING WITHOUT LIMITATION ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR WEBSITE OR YOUR PARTICIPATION IN ANY PHYSICAL ACTIVITY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR WEBSITE BY ANY THIRD PARTY, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BE ACTIVE TO YOU FOR ANY DAMAGES EXCEED US $200.  YOU AND BE ACTIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

8)   Indemnity.  You agree to defend, indemnify and hold harmless Be Active, its successors, affiliates, donors, sponsors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Site; or (ii) Your violation of any term of these Terms of Service.

9)    Third Party Services and Websites.  You acknowledge and agree that the Site may include advertisements or links to third party services or products.  Be Active has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Be Active will not and cannot censor or edit the content of any third-party site. By using the Site, You expressly relieve Be Active from any and all liability arising from or in connection with Your use of any third-party website, including the purchase of any products or services of such third party. Accordingly, you are strongly advised to read the terms and conditions and privacy policy of every third party website that you visit when you leave the Be Active website. Inclusion of any link on the Site does not imply approval or endorsement of the linked site or the products or services offered under such site by us.

10)   Maintenance of the Site.  You agree and acknowledge that Be Active may modify, limit, suspend or discontinue the Site or any part of the Site at any time, without notice or liability to You or any other users. Be Active may also, from time to time, establish general rules and policies regarding use of the Site. Be Active will post such rules and policies on the Site, and You agree that Your compliance with such rules and policies shall be a condition of your use or continued use of the Site or website.

11)   General.

a)   You hereby agree that the Site shall be deemed solely based in North Carolina. These Terms of Service shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Any claim or dispute between a user and Be Active that arises in whole or in part from the Site or website shall be decided exclusively by a court of competent jurisdiction located in Wake County, North Carolina and each User hereby consents and submits to the jurisdiction of such courts.

b)   These Terms of Service, together with the Be Active Privacy Policy and any other legal notices published by Be Active on the Be Active Site, shall constitute the entire agreement between You and Be Active concerning the Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Be Active’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

12)   Return/Exchange Policy.

Exchanges must be processed within 30 days of receipt in order to be eligible for replacement.

Be Active Store merchandise may only be exchanged if the item is damaged or defective upon receipt or we ship an incorrect item.

Merchandise cannot be exchanged or returned for a cash refund or credit.

If there was an error in the product received, please contact Be Active at orders@beactivenc.org or (919) 287-7000 to receive a replacement product.  Once the product has been received, an exchange will be completed within 7-10 business days.

Return shipping and related charges are the responsibility of the customer. If the return is a result of our error, you won’t be charged for return shipping.

Exchanges should be shipped to the following address:

Be Active North Carolina, Inc.
2250 Perimeter Park Drive, Ste. 120
Morrisville, NC 27560

12)   Shipping & Handling.

Order Processing

Most orders are processed within 4-5 business days and shipped by UPS or USPS Ground from our office.

Bulk Orders

Special pricing is available for select products when you are purchasing in bulk. Contact orders@beactivenc.org or call (919) 287-7000 for special pricing.

Shipping

Ground shipping (standard 5-7 days) rates via UPS or USPS is normally available prior to completion of the checkout process.  We do not offer Express shipping via UPS or USPS at time. However, we may be able to make exceptions.  Call Be Active for more information.

Please call Be Active at (919) 287-7000, Monday through Thursday 9:00 am to 4:00 pm EST for shipping rates outside of the contiguous 48 states.

We do not ship to APO, FPO or PO Boxes.

Handling

Handling fees are based on the dollar amount of your order:

$0 – $100 = $5.00
$101 – $250 = $10.00
>$250 = $15.00

Taxes

Be Active charges taxes for all orders shipped within North Carolina. At this time, Be Active does not charge tax on orders shipped to destinations outside of the state of North Carolina.

13)   Assignment.  These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Be Active without restriction.

14)   Amendment. Be Active reserves the right to amend these Terms of Service at any time.  Be Active will post a notice of any amendment to these Terms of Service on its website and User’s use of the Site following such notice will signify your assent to and acceptance of its revised terms.

Date Last Modified: December 10, 2010