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Conditions of Use

HOUSE OF SPEED WEB SITE TERMS OF USE

Effective Date: November 20, 2009
Welcome to HouseofSpeed.com (this “Website”). This Website is operated by House of Speed, LLC., a Colorado limited liability company with offices at 301 Snow Street, Sugar Grove, IL 60554 (“House of Speed,”, “we, “our,” or “us”). These Terms of Use (“Terms of Use”) govern your use of this Website.

Your Agreement to These Terms of Use
Please read these Terms of Use carefully before browsing or otherwise using this Website. By using this Website, you are agreeing to be bound by these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.
Changes to These Terms of Use
As we add new features and functionality to this Website, we may need to update or revise these Terms of Use. We reserve the right to do so, at any time and without prior notice, by posting the revised version on this Website. These changes will be effective as of the date we post the revised version on this Website. Your use of this Website following any such change constitutes your consent to the new Terms of Use. For this reason, it is important to review these Terms of Use regularly. You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of this Website.

Our Privacy Policy
Your privacy is important to us. Please review our http://houseofspeed.com/privacy.html to learn what personal information we collect through this Website, how we use and share the personal information we collect, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to the collection, use and disclosure of your personal information in accordance with our Privacy Policy.

Additional Terms
We may require you to follow additional rules, guidelines or conditions in order to use various features of our Website, to participate in certain promotions or activities on our Website, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree” (known as a “click-through” agreement) or you may simply be presented with additional terms (such as the return policy in our online store). These click-through agreements and other additional terms are referred to as “Additional Terms.” If any of the Additional Terms are different than these Terms of Use, those Additional Terms will supplement or amend these Terms of Use, but only with respect to the matters governed by those Additional Terms.

Registration
You may wish to register on our Website so you will be able to receive email newsletters and other information from House of Speed, or use certain features of our Website. If you register on our Website, you agree to provide accurate, current and complete personal data about yourself as required by our registration form, and you agree to update such data to keep it accurate, current and complete.
The use of certain areas of our Website is only available to individuals who have obtained a user name and password from House of Speed by means other than registration on our Website. For example, individuals who have attended one of our camps or training sessions may be provided an account to enable them to access the “My Speed” section of our Website. In addition, our franchise owners can receive their own user name and password directly from House of Speed, which will enable them to access certain sections of our Website only available to franchisees.
You may not share your username and password with any other person. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify us immediately at .(JavaScript must be enabled to view this email address) of any known or suspected unauthorized use of your username and password. We will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.

Our Website Store
We are pleased to offer you the opportunity to purchase various items in our Website’s store. If you make a purchase on our Website, your purchase will be governed by certain Additional Terms available via links from your “shopping cart” page (such as our shipping and return policies). If you have any questions about our store or the items in our store, feel free to contact us at .(JavaScript must be enabled to view this email address).

Franchise Application
If you are interested in the possibility of purchasing a House of Speed franchise location, please complete the Pre-Qualification Form available on our Website in its entirety, and submit it to us either by clicking the “Submit by Email” button at the end of the form, or print the form and mail it to us (our address is below). Your submission of the Pre-Qualification Form does not obligate House of Speed to contact you or reply to your submitted form in any manner, and does not create any relationship between you and House of Speed. We will contact you if we are interested in pursuing discussions with you regarding a franchise opportunity.

Ownership of Content
Unless otherwise indicated, this Website and its design, text, content, selection and arrangement of elements, organization, graphics, compilation, and other matters related to this Website (“Content”) are protected under applicable intellectual property and other laws. All Content and intellectual property rights therein are the property of House of Speed or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. The Content may only be used for personal, non-commercial purposes. This means that you may only view or download material from this Website for your own personal, non-commercial use, and you must keep all copyright and other proprietary notices attached to the downloaded material. You may not reproduce, duplicate, distribute, publish (including posting on another website), modify, copy or transmit Content from this Website, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, unless (i) the Content was posted by and created solely by you (for example, Content you have entered into the My Speed section of our Website) or (ii) you have obtained the prior written consent of House of Speed. Requests for permissions regarding Content should be made to .(JavaScript must be enabled to view this email address).

Trademarks
The House of Speed logo, all product names, all page headers, all custom graphics, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of House of Speed or their respective owners (the “Marks”). You are not authorized to display or use the Marks in any manner without the prior written permission of the owner. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Your Feedback
We welcome your comments, feedback, suggestions, and other communications regarding House of Speed, this Website, our programs, and other aspects of our business (collectively, “Feedback”). Note, however, that any Feedback you provide to us through this Website shall be and remain the exclusive property of House of Speed. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Submission of Personal Information
You may choose to submit information to House of Speed through our Website for various reasons, such as to make a purchase, enter a sweepstakes, and apply to become a House of Speed franchise owner, or apply for House of Speed employment opportunities. If you choose to submit your name, contact information, resume and/or other personal information to us for any of these purposes, you are authorizing House of Speed to utilize this information for the purpose for which it was submitted. Nothing in these Terms of Use or contained in the Website shall constitute a promise by House of Speed to interview, hire, employ, or enter into a franchise agreement with any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Website constitute a promise that House of Speed will review any or all of the information submitted to it by users. All personal information submitted to us by email or through our Website will be treated in accordance with our Privacy Policy.

Linked Websites and Advertising
We do not have a link share our advertising program on the site at this time.
You may create hyperlinks directly to the home page of this Website, or the home page of any of our locations featured within this Website, provided that: (i) the hyperlink accurately describes the content as it appears on the Website; (ii) each page within our Website must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the applicable page within our Website; and (iii) you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Website or House of Speed, its employees, agents, directors, officers and shareholders. You may not copy any portion of our Website or Content to a server, except as part of an incidental caching of pages. If House of Speed has provided links to other websites, no assumption should be made that House of Speed is connected with, operates or controls these websites. House of Speed is not responsible for the content or practices of third party websites that may be linked to this Website. When visiting other websites, you are subject to and should review each such website’s individual “Terms of Use” and Privacy Policy. House of Speed takes no responsibility for third party advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers.

Termination
House of Speed reserves the right to immediately terminate your use of, or access to, this Website at any time for any reason in its sole discretion. House of Speed further reserves the right to modify or discontinue this Website or any portion thereof at any time without notice.

Copyright Infringement
If you believe that any material contained in this Website infringes your copyright, you should notify House of Speed of your copyright infringement claim in accordance with the following procedure. House of Speed will process notices of alleged infringement which it receives and will take appropriate action pursuant to the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Website’s Designated Agent:
Email: .(JavaScript must be enabled to view this email address)
Mail: 301 Snow Street, Sugar Grove, IL 60554
Fax: 630-466-0026
Attn: Copyright Agent

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512©(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work(s) claimed to have been infringed; 3. Identification of the material that is claimed to be infringing and the location of such material on our Website; 4. Information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; 5. A statement 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; 6. 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 owner of an exclusive right that is allegedly infringed.

No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLEBASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR FRANCHISEES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND ANY RELATED ENTITIES TO HOUSE OF SPEED SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBWEBSITE OR ANY WEBWEBSITE WITH WHICH IT IS LINKED. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Use may not apply to you.

Indemnity
You agree to defend, indemnify and hold harmless House of Speed, its franchisees and its related entities, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of this Website or your breach or alleged breach of this Agreement.

Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Website. If you provide us any information through our Website, you agree to provide true, accurate, current and complete information. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. If you become aware of misuse of this Website by any person, please contact .(JavaScript must be enabled to view this email address) with your concerns. House of Speed reserves all rights and remedies available to it.

General Provisions
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement, will be substituted with a valid and enforceable provision reflecting the intent of the invalid provision, and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Illinois for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use of the Website, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

This Agreement may be assigned by House of Speed in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this agreement does not waive our right to act with respect to subsequent or similar breaches. This Agreement, together with any Additional Terms, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Contacting House of Speed
Please feel free to contact us with any questions or comments regarding this Website:
Phone: 1-877-82-SPEED
Fax: 1-630-466-0026
Email: .(JavaScript must be enabled to view this email address)
Mail: 301 Snow Street, Sugar Grove, IL 60554

Training Programs for Every Sport and Skill

House of Speed provides the best available sport-specific performance training. House of Speed is continuously developing and refining the most current training techniques, enabling athletes to increase their overall speed, strength, explosiveness, agility and sport-specific ability.