Last Updated: June 01, 2023
Our mission is to support and guide individuals, ranging from novice to expert skill levels, to develop proper form and technique in fundamental sports skills through the use of artificial intelligence. The formOlé Application is owned and operated by ExCee, LLC, and provided to you to help advance our mission.
Table of Contents
- Who can use our Website and formOlé App?
- How to Access our Website and Register on the formOlé App?
- Maintaining the Confidentiality of Your Password and Account
- What are the limits on using our intellectual property?
- What are your commitments to ExCee and our community?
- What can you share and do within our formOlé App?
- What are our Community Standards?
- Violation of Our Community Standards
- Notice For Making Claims of Copyright Infringement
- Third Party Components
- Information Collected About You
- Limitation Of Liability
- Physical Activity Notice and Indemnification
- General Legal Terms
- Your Comments and Concerns
Who can use our Website and formOlé App?
ExCee is located in the State of California in the United States. We provide this formOlé App for use only by persons located in the United States. We make no claims that the formOlé App or any of its content is accessible or appropriate outside of the United States. Access to the formOlé App may not be legal by certain persons or in certain countries. You agree that you will not present any false, inaccurate, or misleading information in an effort to misrepresent your country of residence. If you access the formOlé App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Not impersonate others or provide inaccurate information about yourself (e.g., first and last name, date of birth, etc.).
- Create only one account (your own) and use if for personal purposes.
- Reside in the United States or any of its territories or possessions.
- Not share your password, give anyone else access to your formOlé account other than your parent(s) or legal guardian(s).
We have the right to change this Website and the formOlé App, and any service or content that we provide on the Website and formOlé App, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or formOlé App is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Website and formOlé App, or the entire Website and formOlé App, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website and formOlé App.
Registration is required to utilize the formOlé App. You must complete the registration process by providing ExCee with certain information, including but not limited to, first and last name, phone number, email address, and password, as prompted by the applicable registration form. As a user of our formOlé App, you agree to represent yourself accurately and truthfully at all times.
Maintaining the Confidentiality of Your Password and Account
During the formOlé App registration process, you will choose an email and password. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password and account . You must not disclose your password or any activities that occur under your password and account to any other person or entity other than to your parent or legal guardian. You agree to notify us immediately at our customer support address, email@example.com of any breach of security or unauthorized use of your account or password.
Upon cancellation or termination of your access to password protected areas of the formOlé App, ExCee reserves the right to deactivate your account and delete your user profile.
What are the limits on using our intellectual property?
The Website, formOlé App 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 ExCee, 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.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the formOlé App and Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website and formOlé App or any services or materials available through the Website and formOlé App.
If you wish to make any use of material on the Website and formOlé App other than that set out in this section, please address your request to: firstname.lastname@example.org.
What are your commitments to ExCee and our community?
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate ExCee, an ExCee employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the formOlé App, or which, as determined by us, may harm ExCee or users of the formOlé App, or expose them to liability.
Additionally, you agree not to:
- Use the Website and formOlé App in any manner that could disable, overburden, damage, or impair the Website and formOlé App or interfere with any other party’s use of the Website and formOlé App, including their ability to engage in real time activities through the Website and formOlé App.
- Use any robot, spider, or other automatic device, process, or means to access the Website and formOlé App for any purpose, including monitoring or copying any of the material on the Website and formOlé App.
- Use any device, software, or routine that interferes with the proper working of the Website and formOlé App.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website and formOlé App, the server on which the Website and formOlé App is stored, or any server, computer, or database connected to the Website and formOlé App.
- Attack the Website and formOlé App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website and formOlé App.
The formOlé App may contain message boards, chat rooms, personal profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow Registered Users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the formOlé App. You agree to use such interactive areas only for lawful and non-commercial purposes. You are solely responsible and liable for any materials that you post on the formOlé App’s interactive areas or discussion forums.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. User Contributions may be used for any purpose by ExCee and/or other users of the formOlé App, and ExCee is under no obligation to publish or use any User Contribution.
ExCee does NOT claim any ownership rights to the content you post on the formOlé App. However, by posting any User Contributions on the formOlé App, you hereby grant to ExCee an unconditional, irrevocable, non-exclusive, fully paid and royalty-free, worldwide, limited license to store, use, modify, delete from, add to, publicly perform, publicly display, reproduce, analyze and translate such User Contributions, including without limitation, distributing in any media formats through any media channels. You represent and warrant that you own the User Contributions posted in your Account or otherwise have the right to grant the license set forth in this section, You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post.
You represent and warrant that:
- Your User Contributions do not violate any third-party intellectual property rights.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, you, not ExCee, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the formOlé App.
These standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful or racially, ethnically or otherwise objectionable.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Upload, e-mail, transmit or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party
- Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Be likely to deceive any person.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam and chain letters.
Violation of Our Community Standards
We reserve the right to:
- Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the formOlé App.
Without limiting the forgoing, ExCee reserves the right at all times to disclose any information that ExCee deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Submissions or other materials, in whole or in part, in ExCee’s sole discretion. You waive and hold harmless ExCee from any claims resulting from any action taken by ExCee during, or taken as a consequence of, investigations by either ExCee or law enforcement authorities.
“ExCee,” “formOlé,” their respective logos, and all related names, logos, product and service names, designs, and slogans are trademarks of ExCee or its affiliates or licensors. You must not use such marks without the prior written permission of ExCee. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Notice For Making Claims of Copyright Infringement
ExCee respects the intellectual property rights of third parties. If you believe that any User Contributions violate your copyright, ExCee will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to our corporate address provided to you by contacting email@example.com.
To be effective, the notification must include the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- 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;
- information reasonably sufficient to permit ExCee to locate the material;
- information reasonably sufficient to permit ExCee to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has 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
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
ExCee may run advertisements and promotions from third parties on the Website and formOlé App. Your correspondence or business dealings with, or participation in promotions of, advertisers other than ExCee found on or through the Website and formOlé App, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. ExCee is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-ExCee advertisers on the Website and formOlé App.
You acknowledge and agree that use of the Services and the formOlé App requires third party equipment and software (collectively, the “Third Party Components”) that must be provided by you. The Third Party Components include, without limitation, the following: a cellular phone or tablet, a connection to the internet, and operating system software (the necessary version of any of the foregoing may be designated by ExCee from time to time). ExCee shall have no responsibility to you or any third party with respect to the third-party components.
Your use of the Website and formOlé App and services provided therein is at your sole risk unless explicitly stated otherwise. unless explicitly stated otherwise, the site, including the services provided therein, are provided on an “as is,” “as available” and “with all faults” basis.
Unless explicitly stated otherwise or required under applicable law, ExCee disclaims all express or implied conditions, representations, and warranties of any kind, including, without limitation, any implied warranty or condition of accuracy, merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
ExCee makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, accuracy or completeness of the site or the services provided therein.
ExCee makes no warranty or representation that the site or services will be uninterrupted, secure, error-free, or free of any viruses, trojan horses or worms.
Unless explicitly stated otherwise, you assume all risks concerning the suitability and accuracy of the information within the Website and formOlé App. The site may contain technical inaccuracies, typographical errors, or omissions. ExCee assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions.
Under no circumstance will ExCee be liable for any loss or damage caused by a user’s reliance on information, products or services obtained through the mobile or a linked website or app. It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any opinion, advice, products, or other content available through the site or the services. You assume complete responsibility for your use of the site and any linked sites.
Content including on this Website and formOlé App [PS6] is either the property of ExCee or its other Users or Licensors. Content that is the property of ExCee is protected by copyright, trademark, patent, trade secret and other laws, and ExCee owns and retains all rights to it. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content that is the property of ExCee, its other users or licensors. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information Collected About You
Limitation Of Liability
To the fullest extent permitted by law, ExCee, its affiliates and any other of its or their respective officers, directors, employees or agents will not be liable for any direct, indirect, punitive, special, incidental, consequential or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, or other economic advantage) arising out of or in connection with the Website or formOlé App , even if ExCee has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including, without limitation, damages due to: (a) the use of or the inability to use the Website or formOlé App; (b) the cost of procurement of substitute services resulting from any data, information or services purchased or obtained, or messages received or transactions entered into, through or from the Website and formOlé App; (c) statements or conduct of any third party on the Website and formOlé App, including, without limitation, unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; (d) content or information that you may download, use, modify or distribute; or (e) injuries that may occur to users while using the formOlé App.
To the fullest extent permissible under applicable law, ExCee’s aggregate liability, and the aggregate liability of its licensors, to you or any third parties for any claims arising out of the use of the Website or formOlé App is limited to the amount of any payments you made to ExCee. to the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the above limitation or exclusion may not apply.
The formOlé App may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. ExCee is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the formOlé App.
You agree not to hold ExCee responsible for any action, inaction, omission, or misstatement made by other users or for any harm arising from the Website and formOlé App.
ExCee reserves the full right to delete, terminate or deactivate at its discretion, any content or account on the Website or formOlé App and its supporting cloud platform for any reason, at any time, without prior notice. We reserve the right to refuse service to anyone for any reason at any time.
General Legal Terms
Waiver And Severability
You are responsible for resolving disputes with other users. ExCee has no obligation with respect to disputes among users but may, in its sole discretion, intervene. You agree to promptly report any user misconduct to ExCee. You hereby release ExCee, its officers, employees, agents, predecessors, successors, parents, subsidiaries, assigns and affiliates from claims, demands, and damages, actual and consequential, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, our Services or property or space made available through the Website and formOlé App. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Limitation on Time to File Claims
Your Comments and Concerns
The formOlé App and Website is operated by ExCee, LLC. All feedback, comments, requests for technical support, and other communications relating to the Website and formOlé App should be directed to: firstname.lastname@example.org.