Terms of Use & Privacy Policy

1. ACCEPTANCE OF TERMS

Locker Room Central, Inc. (“LRC”) makes its website lockerroomcentral.com (the “Site”) available to you subject to the following Terms of Use, which may be updated by LRC from time to time without notice. Please check these Terms of Use periodically for changes. If you do not agree to the Terms of Use, please do not use this Site. By using this Site, you acknowledge that you have read, understood and agree to these Terms of Use. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. You agree that at all times you shall keep confidential, maintain and control all user names and passwords used to limit your access to the Site, and that you are exclusively responsible for all activities that occur in connection with such user names and passwords. You agree to immediately notify LRC of any disclosure to, or use of, any such user names or passwords by any other individual. LRC will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations.

2. PRIVACY POLICY

Any information including personal data (e.g., your name, address, telephone number, e-mail address, credit card information) you transmit to this Site will be used by us in accordance with this Site’s Privacy Policy, which can be found below.

3. USE OF THE SITE

LRC maintains the Site for your informational, non-commercial personal use, or your commercial use associated with LRC business. Your use of the Site for any other purpose is permissible only upon the express prior written consent of LRC. Without limiting the foregoing, you may not: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others’ use of the Site; (3) impair the Site’s operation or interfere with or disrupt the servers or networks on which it operates; (4) interfere with LRC’s exercise of its intellectual property rights; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; or (7) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, We may inform your Internet service provider of your activities and take appropriate legal action.

4. SITE CONTENT

You acknowledge and agree that all content of this Site, such as articles, text, graphics, images, links, and other material contained on this site, as well as any support materials (e.g., newsletters and brochures) (collectively, “Content”) is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and LRC, LRC is the owner of all such Content. You may not reproduce, distribute, republish or retransmit any Content or materials posted at this site without the prior written permission of LRC. Except as expressly authorized by LRC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Notwithstanding the above, you may print or download one copy of the Content or materials on this Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from LRC is prohibited.

5. THIRD PARTY SITE/INFORMATION

This Site may provide links to, or information gathered from, other Sites on the Internet. LRC makes no representations whatsoever about these Sites or this information. Other Sites linked to this Site may contain information or material that some people may find inappropriate or offensive. The provision of links to, or information gathered from, other Sites on the Internet should not imply LRC’s endorsement of any such Site or any association between LRC and these other Site’ operators. These Sites are not under the control of LRC, and you acknowledge that LRC, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such Sites. You also acknowledge that LRC, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any Sites linked to this Site, or your transmission of information, including personal data, to third-parties through such other Sites.

SUBMISSIONS

You agree that any information submitted on or through the Site is subject to our Privacy Policy, the terms of which are incorporated herein by reference. You represent, warrant and covenant that You will only submit bona fide orders for products and services through the Site. If You provide a trademark (e.g., company logo) owned by you, your company, or your customer, to be used by LRC in connection with its provision of services, You also grant to LRC a royalty-free, non-exclusive right and license to use such trademark in connection with its provision of services, subject to such reasonable restrictions as you may require. The foregoing licenses do not affect your ownership of the Submissions, unless we and you otherwise agree in writing. You represent and warrant that you have all rights necessary to grant such licenses to us without infringement or violation of any third-party rights including, without limitation, any patent, copyright, trademark or other intellectual property or proprietary rights.

7. DISCLAIMER OF WARRANTIES

The Content on this Site is for informational purposes only. ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LRC, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS SITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LRC, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION, ANY THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATERIAL RELATING TO THE SITE. LRC, ITS AFFILIATES AND ITS LICENSORS SHALL ONLY BE LIABLE TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE PURCHASE PRICE RECEIVED BY LRC FOR THE PRODUCT GIVING RISE TO THE LIABILITY. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES LRC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

9. REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you shall not use any rights granted hereunder for any unlawful purpose; and (c) you shall use this Site only as set forth in these Terms of Use.

10. INDEMNITY

You agree to indemnify and hold LRC and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from your use or misuse of this Site, or breach of any warranty, covenant, representation or term contained in these Terms of Use. LRC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LRC in asserting any available defenses.

11. INTERNATIONAL USE

LRC makes no representation that materials or Content on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Content or materials are illegal is prohibited. If you access this site from locations outside of the United States you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

12. COPYRIGHT POLICY

LRC respects the intellectual property rights of others and expect visitors to this Site to do the same. LRC will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to LRC using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

LRC reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. LRC may also terminate a user’s account if the user is determined to be a repeat infringer. LRC’s designated copyright agent for notice of alleged copyright infringement appearing on the Site is:

Email: info@lockerroomcentral.com.

13. MODIFICATIONS TO SERVICE

LRC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site or some or all of the services offered through this site, with or without notice. You agree that LRC shall not be liable to your or to any third party for any modification, suspension or discontinuance of this site or some or all of the services offered through it.

14. CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall be filed only in the state or federal courts located in the State of Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

15. SEVERABILITY AND INTEGRATION

This agreement, along with LRC’s Terms of Sale, constitutes the entire agreement between you and LRC with respect to this Site and the purchase of products and services through this Site, and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and LRC with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

16. CONTACT INFORMATION

If you have any questions or should you need any additional information about issues relating to this website and/or technical manual, please contact info@lockerroomcentral.com.

If you have any security concerns or questions, please contact info@lockerroomcentral.com.

SITE POLICIES

At Locker Room Central, Inc. (“LRC”), we want you to know how we collect, use, share and protect information about you. The purpose of this Privacy Policy is to inform you, as a visitor to our website, www.lockerroomcentral.com (the “Site”), what kinds of information we may gather about you when you visit, how we may use that information, and whether we disclose it to anyone. This Privacy Policy applies only to us, and not to other companies’ or organizations’ sites to which we may link. By interacting with us through our website, mobile applications, products, and services, you consent to the use of information that is collected or submitted as described in this Privacy Policy.

If we decide to change this Privacy Policy, the changes will be posted here in this area so that you will always know the information we gather, how we might use that information and to whom we may disclose it. We reserve the right, at our discretion, to change, modify, add or remove portions of this policy at any time. Please make sure to check this page periodically for any changes.

PRIVACY POLICY

GOVERNING LAW

The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By using the Site, you certify that you meet the age and other eligibility requirements for this Site as applicable. If you do not meet the age and other eligibility requirements, if any, please discontinue using the Site immediately as your continued use of the Site indicates that you are agreeing to the collection, use, disclosure, management and storage of your Information as described in this Privacy Policy.

If you are located outside of the U.S. you use this Site at your own risk and initiative and you, not LRC, are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information and Other Information you provide to us or we obtain as a result of your use of this Site will be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law. By using this Site and/or providing us with your Personal Information and Other Information, you (a) consent to the transfer and/or processing of any Information to and in the U.S., (b) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your location and (c) understand that we will collect, transfer, store, process and/or deal with your Information in accordance with this Privacy Policy and U.S. law. Consequently, to the full extent permitted by law, you hereby waive any claims relating to the processing of your Personal Information or Other Information in accordance with this Privacy Policy that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

COLLECTION OF PERSONAL INFORMATION AND OTHER INFORMATION

When we use the term “Personal Information” we mean information that would allow someone to identify or contact you, such as your name, e-mail address, mailing address, phone number, credit card details, and other personal information submitted by you. There are several areas in the Site where we collect Personal Information from you on a voluntary basis. We may collect this information at the following times: (i) when you create an account; (ii) when you register to receive communications from this Site; (iii) when you provide personal information to us to apply for a job at LRC; (iv) when you log into the Customer Portal on our site; and (v) when you make online payments via our Online Payment tool.

When we use the term “Other Information,” we mean information other than Personal Information that may be collected about you, such as your Internet [Protocol] (IP) address, browser type, the time of your visit, clickstream data, and the referring location (e.g., the site page that offered a link to our Site page). This data does not, on its own, permit direct association with a specific individual. We may use, transfer, and disclose this Other Information for any purpose. For example, we may record this basic information about visits to this Site in order to understand customer behavior and improve our products, services, and advertising. (Personal Information and Other Information, together, the “Information”).

A NOTE TO JOB APPLICANTS

When you submit a resume or apply to one of our online job postings, we store your resume and Personal Information in our resume and profile database in the United States. If your resume includes personal data of a reference, it is your responsibility to ensure that the person is aware that you have forwarded his/her details and has consented in writing for you to do so.

When you submit your application/resume, please be sure that it does not contain sensitive data relating to your (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric details or genetic makeup (vi) addictions or sexual preferences or (vii) Social Security Number. If you do give us this information, then you agree that it is at your own risk.

RETENTION OF PERSONAL INFORMATION

We retain the Personal Information you submit to us to make repeat use of our Site more efficient until you change or remove your Personal Information as described below. We may retain your Personal Information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.

ACCESS TO YOUR PERSONAL INFORMATION

You may access, update, or delete your resume or Personal Information at any time. To do so, sign in to your account, go to your resume or profile, and make the desired changes. If you do not have an account, or if you believe that someone else has provided us with your contact information, please contact us.

Access to, or correction, update, or deletion of your Personal Information may be denied or limited by LRC if it would violate another person’s rights and/or as otherwise permitted by applicable law.

If you wish to delete your account information altogether, please contact us. We will send you an email to confirm that your Personal Information has been deleted. We may retain your Personal Information even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, investigate security incidents, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us.

We will respond to information access requests within a reasonable timeframe. If we require additional time to provide access to your information, we will acknowledge receipt of your request within a reasonable timeframe and promptly supplement our response within the period required by applicable law.

COOKIES AND OTHER TECHNOLOGIES

To offer and provide accurate, customized, personal service, we use cookies and web beacons (also known as clear GIF technology or “action tags”) to store and help track your information, and to speed your navigation of the Site. We treat information collected by cookies and other technologies as Other Information. However, to the extent that Other Information is combined with Personal Information, we treat the combined information as Personal Information for the purposes of this Privacy Policy.

If for any reason you wish not to take advantage of cookies, you may have your browser not accept them, although this will disable or render unusable some essential features of our Site and services. If you disagree with our usage of cookies, please do not visit this Site.

You should remember that whenever you voluntarily disclose Information online, such as on message boards, through e-mail, or discussion groups, your Information can be collected and used by others. Although we try to protect your Information, we cannot ensure or warrant the security of any Information you transmit to us, and you do so at your own risk. You are solely responsible of maintaining the secrecy of any passwords you set up and/or any account information.

HOW AND WHEN INFORMATION IS USED

We use your Information, whether supplied directly by you or obtained from web server logs or cookies, in any of the following ways:

To process transactions, such as online customer payments;

For hiring purposes, including processing job applications;

To send periodic e-mails (if at any time you would like to unsubscribe from receiving future e-mails, we include detailed unsubscribe instructions at the bottom of each e-mail);

To improve our Site (we continually strive to improve our Site offerings based on the information and feedback we receive from you); and

To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs).

In addition, we may disclose your information to law enforcement agencies, government/regulatory bodies, and content protection organizations to: (i) protect our legal rights, privacy or safety, and that of our subsidiaries, affiliates, employees, agents, contractors, or other individuals; (ii) protect the safety and security of visitors to our online services or other properties; (iii) protect against fraud or other illegal activity or for risk management purposes; (iv) respond to inquiries or requests from government, regulatory, law enforcement, or public authorities; (v) permit us to pursue available remedies, commence, participate in, or defend litigation, or limit the damages that we may sustain; or (vi) comply with the law including with subpoenas, search warrants, court orders, and other legal process.

SALE OR TRANSFER OF ALL OR PART OF OUR BUSINESS OR ASSETS

We reserve the right to transfer your Information in the event we sell or transfer all or a part of our business or assets so that the buyer can continue to offer you the online services. We will make commercially reasonable efforts to provide you with reasonable notice of such transfer, or as otherwise required by law. If you do not want your Information to be processed following such a transfer, you should contact the subsequent owner of the business.

HOW WE PROTECT YOUR PERSONAL INFORMATION

Except in connection with providing Information to our business associates and service providers, who perform functions on our behalf, for the purpose of responding to inquiries made by you, and performing our obligations to you, we do not use or disclose your Personal Information to any third parties without your permission. Any aggregated statistical ratings information or Other Information we may provide to prospective advertisers or partners, as noted above, will not contain any such Personal Information.

We implement a variety of security measures to maintain the safety of your Personal Information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, while we strive to protect your Personal Information, we cannot guarantee or warrant the security of any Information you transmit to us, or to or from our online products or services. You transmit all such Information at your own risk.

WHO HAS ACCESS TO THE PERSONAL INFORMATION

Except as described in this policy, we will not willfully disclose any Personal Information about users of this Site to any third party without first receiving that user’s permission. We may disclose your Personal Information when we believe in good faith that the law requires it or to protect our or other’s rights or property.

We may disclose your Personal Information to trusted third parties who assist us in operating our Site, conducting our business, or servicing you, so long as those parties agree to keep the Personal Information confidential. We may also release your Personal Information when we believe release is appropriate to comply with the law, enforce our Site policies, or protect ours or other’s rights, property, or safety.

WHILE WE STRIVE TO SELECT THIRD PARTY PARTNERS WHO HAVE OR SHARE THE SAME STANDARDS IN REGARDS TO PRIVACY POLICIES COMPARABLE TO ITS OWN THE USER AGREES THAT WITH RESPECT TO THOSE THIRD PARTIES, INCLUDING WITHOUT LIMITATION THE SITES WE LINK TO, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE SAME, NOR WILL WE BE RESPONSIBLE TO THE USER OR ANYONE ELSE FOR ANY PRODUCTS, SERVICES OR OTHER MATERIAL THAT MAY BE SOLD, LICENSED, DISTRIBUTED OR PROMOTED BY SUCH THIRD PARTIES OR ON SUCH SITES, OR FOR ANY CONTENT ON SUCH SITES. WE ENCOURAGE VISITORS OF THESE SITES TO REVIEW THE PRIVACY POLICIES POSTED ON THESE SITES.

OPTING-OUT

You may register to receive communications from us directly on the Site or through a third party. After you register, we may periodically send you newsletter and other e-mails featuring special offers, promotions and other benefits. If you no longer wish to receive these communications, please let us know by clicking on the “unsubscribe” link in our e-mails. Our e-mail database is continually updated. However, you may continue to receive e-mail communications from us for up to ten business days from the time we receive your unsubscribe request. Please note that we can only control our own mailing list and policies. Third party advertisers that maintain their own mailing lists may send communications that advertise our products or services; and you may need to contact those parties directly to stop receiving their e-mail communications.

Certain administrative communications, including e-mails and telephone calls, are necessary to deliver our products and services. If you agree to purchase our products and services, you agree to receive these administrative communications. For further clarification of these administrative communications, please contact our customer service center at info@lockerroomcentral.com.

THIRD PARTY LINKS

When you visit a site to which this Site provides a link, please be aware that you will be interacting with a third party that operates under its own privacy policy. If you choose to purchase products or services through a third-party site, or otherwise access a third-party site, the data collected by the third party is governed by that third party’s privacy policy. We encourage you to review the privacy policies of any other sites you visit.

CALIFORNIA PRIVACY RIGHTS/DO NOT TRACK NOTICE

This paragraph applies only to California residents. As a California resident, you have a legal right to request and receive in writing or by e-mail the names and addresses of all such third parties who received your Personal Information during the previous calendar year and a list of the types of Personal Information disclosed to such third parties. To request such information, please send an e-mail to info@lockerroomcentral.com.

We will not honor such a request more than twice per calendar year.

We do not track our customers over time and across third party websites to provide targeted advertising, and therefore do not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such a site, you may set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

GENERALLY

This Privacy Policy applies only to information collected through this Site and not to information collected offline or through other means or media.