Terms and Conditions

The Website and Services are intended for users age 13 and older unless a particular program expressly states otherwise. We do not knowingly permit children under 13 to create an Account or provide personal information through the Website except through a process designed to comply with applicable children's privacy laws.
If we have actual knowledge that a child under 13 has provided personal information in circumstances requiring parental consent under applicable law, we will take reasonable steps to comply with applicable legal requirements, which may include obtaining verifiable parental consent or deleting the information, as required by law.
Users under 18 should use the Website and Services with the involvement and supervision of a parent or legal guardian. Where a purchase or subscription requires a payment method belonging to another person, the User represents that the User has obtained the account holder's authorization to use that payment method.
Nothing in this Clause limits rights or obligations arising under the Children's Online Privacy Protection Act ("COPPA"), the Virginia Consumer Data Protection Act ("VCDPA") where applicable, or other applicable law.

These Terms and Conditions also apply to customers procuring Services in the course of business. Where a business, school, university, sports organization, governing body, or other institution enters into a separate written agreement with Áthlima Sport, that agreement will control to the extent of any conflict with these Terms. Additional data-processing, confidentiality, security, or educational-record requirements may apply to institutional customers.

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Áthlima Sport, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United States of America and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so. Nothing in these Terms prohibits a User from exercising rights that cannot lawfully be waived or restricted, including applicable rights under U.S. copyright law.

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

Nothing in these Terms is intended to restrict rights and remedies available under applicable United States copyright law, including the fair-use doctrine under 17 U.S.C. § 107, or other mandatory exceptions or limitations to copyright. Whether a particular use constitutes fair use or another lawful exception depends on the applicable law and facts of the particular use. Nothing in these Terms is intended to require a user to obtain permission for a use that is otherwise permitted by applicable law, nor is anything in these Terms intended to create any broader right to use copyrighted material than is provided by applicable law.

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Áthlima Sport or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. A link does not constitute an endorsement, guarantee, or representation concerning a third-party website or service.

You may link to publicly accessible pages of the Website provided that the link is lawful, does not falsely imply affiliation, sponsorship, endorsement, or ownership, and does not damage or misuse Our trademarks or intellectual property. We reserve the right to request removal of a link that violates applicable law or these requirements. To find out more please contact Us by email at fun360@athlimasport.org.

9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

9.1.1 you must not use obscene or vulgar language;
9.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 you must not submit Content that is intended to promote or incite violence;
9.1.4 it is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages, We may use automated translation or third-party translation services where reasonably necessary to provide support or administer the Services;
9.1.5 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 you must not impersonate other people, particularly employees and representatives of Áthlima Sport or Our affiliates; and
9.1.7 you must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".

9.2 We may access, review, moderate, or monitor communications and User Content when reasonably necessary to provide, secure, maintain, troubleshoot, or protect the Services; investigate suspected fraud, abuse, security incidents, or violations of these Terms; comply with law; respond to legal process; or protect the rights, safety, or property of Users, Áthlima Sport, or others. Where applicable law requires notice or consent before a communication is recorded or intercepted, We will provide the required notice and obtain the required consent before recording or intercepting the communication.
9.3 We may retain communications and User Content for as long as reasonably necessary for the purpose for which they were collected, including providing the Services, customer support, security, dispute resolution, legal compliance, or other purposes disclosed in the Privacy Policy.
9.4 We may technically modify, format, reproduce, transmit, or adapt User Content as reasonably necessary to operate the Services, including for formatting, accessibility, security, storage, transmission, moderation, and technical compatibility. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required;
10.1.3 you will keep this information accurate and up to date. Your creation of an Account is further affirmation of your representation and warranty; and
10.1.4 you will not create an Account for another person without appropriate authorization.

10.2 It is recommended that you do not share your Account details, particularly your username and password. You are responsible for taking reasonable steps to protect your credentials. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

11.1 Either Áthlima Sport or you may terminate your Account. We may suspend or terminate an Account for material violation of these Terms, unlawful conduct, fraud, security risks, nonpayment, or circumstances in which continued access could reasonably harm the Services or another person. Where reasonably practicable, We will provide notice and an opportunity to cure before termination for a curable violation. Nothing in this Clause requires Us to provide advance notice where immediate suspension or termination is reasonably necessary to prevent fraud, security harm, unlawful conduct, or harm to another person.
11.2 If We terminate your Account, during a prepaid subscription period, We will provide any refund required by the applicable subscription terms or applicable law.

12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Áthlima Sport correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Minor changes, updates, improvements, technical modifications, or substitutions that do not materially reduce the core functionality of the Services may be made from time to time. Nothing in this Clause excludes liability for Our failure to provide Services as expressly promised or required by law. Please refer to sub-Clause 13.8 for incorrect Services.
12.2 Where appropriate, you may be required to select the required Plan of Services.
12.3 We do not guarantee uninterrupted availability of the Services. Any material service limitations, scheduled maintenance, or significant service changes will be communicated where reasonably practicable.
12.4 All pricing information on the Website is correct at the time of going online. We may change prices prospectively. Price changes will not apply retroactively to a completed purchase unless permitted by law and the applicable contract.
12.5 In the event of a pricing error, We may correct the error before accepting an order and, where appropriate, give you the opportunity to reconfirm the order at the corrected price or cancel the order.

13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Áthlima Sport and you.
13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:

13.2.1 confirmation of the Services ordered including full details of the main characteristics of those Services;
13.2.2 fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
13.2.3 relevant times and dates for the provision of the Services;
13.2.4 user credentials and relevant information for accessing those services; and
13.2.5 applicable cancellation and refund information as required by applicable law or contract.

13.3 If We do not accept your order, no payment will ordinarily be taken. If payment has been taken and We do not accept the order, We will refund the amount paid within a reasonable period and in accordance with applicable law.
13.4 If you purchase a subscription or other automatically renewing Service, the applicable checkout page will clearly and conspicuously disclose, before you become obligated to pay: (a) that the subscription automatically renews until cancelled; (b) the amount and frequency of recurring charges; (c) the length of the renewal term, if applicable; (d) any applicable trial period or introductory price; (e) how and when you may cancel; and (f) any other disclosure required by applicable law.
We will provide an acknowledgment of the transaction containing the applicable automatic-renewal terms, cancellation policy, and instructions for cancellation in a form capable of being retained by you. You may cancel an automatically renewing Service through a cancellation mechanism that is at least as easy to use as the method used to initiate the subscription. We will not require you to interact with a live or virtual representative to cancel unless applicable law permits and the subscription was initiated solely through such a representative.
If applicable law requires notice of a material change to an automatic-renewal arrangement, We will provide that notice before the change takes effect and will provide information regarding how to cancel.
13.5 We will make the Services available within the timeframe stated at checkout or in the order confirmation. If no specific timeframe is stated, We will make the Services available within a reasonable period. Nothing in this Clause limits any rights or remedies that applicable law provides if We fail to provide Services as required by law or contract.
13.6 Áthlima Sport shall use reasonable care and skill in providing the Services.
13.7 If Services materially fail to conform to the order, please contact Us promptly. We will use reasonable efforts to correct the nonconformity or otherwise provide the remedy required by the applicable contract or law.
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
13.8 Áthlima Sport provides technical support through contact methods made available on the Services, including by email at support@athlimasport.org. Additional support resources and contact options may be available through your account or on our Website. We do not guarantee a particular response time unless a separate service-level agreement expressly provides one.

We want you to be completely satisfied with the Products or Services you order from Áthlima Sport. If you need to speak to us about your Order, then please contact customer care by email at fun360@athlimasport.org. You may cancel a subscription or Service in accordance with the cancellation method disclosed at checkout and in your order confirmation. Unless a separate written agreement states otherwise, cancellation of a recurring subscription will prevent the next renewal but will not automatically entitle you to a refund for a period already paid for, except where required by applicable law or expressly stated in the applicable refund policy. If We offer a refund policy that is more favorable than applicable law, that refund policy will be honored according to its stated terms.
14.1 If you are located outside the United States, you may have additional mandatory consumer rights under the laws applicable to you. Nothing in these Terms is intended to waive or limit a mandatory right that cannot lawfully be waived.
14.2 Where applicable law provides a cancellation or withdrawal right for digital or online Services, We will provide the notices, consents, refunds, and other remedies required by that law.
14.3 Any minimum subscription period, early-termination charge, or other cancellation restriction will be disclosed clearly before you become obligated to purchase the applicable Service and will apply only to the extent permitted by applicable law.
14.4 Nothing in this Clause limits any right to dispute an unauthorized transaction, seek a refund required by law, or exercise a consumer right that cannot lawfully be waived.

Use of the Website is also governed by Our Privacy Policy (www.fun360academy.org/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above. If there is a conflict between these Terms and the Privacy Policy concerning the processing of personal data, the Privacy Policy will control with respect to privacy and data-processing matters.

16.2.1 provide Our Services to you;
16.2.2 process your payment for the Services;
16.2.3 inform you of new products and services available from Us. You may request that We stop sending you this information at any time;
16.2.4 improve, maintain, and analyze the performance and effectiveness of the Website and Services;
16.2.5 conduct educational analytics, program evaluation, and research as described in Clause 27 and the Privacy Policy;
16.2.6 send marketing communications where permitted by applicable law and subject to applicable opt-out rights; and
16.2.7 comply with legal obligations and protect the rights, safety, security, and property of Áthlima Sport, Users, and others.

16.3 We may disclose personal information to service providers, processors, payment providers, hosting providers, analytics providers, communications providers, security providers, professional advisers, research collaborators, institutional partners, government authorities, or other third parties where permitted or required by applicable law and as described in the Privacy Policy.
Where We act as a processor for an institutional customer, We will process personal information according to the applicable institutional agreement and documented instructions, subject to applicable law.
16.4 We do not sell personal data for monetary consideration except as expressly disclosed in the Privacy Policy and permitted by applicable law. We may disclose personal data to processors and service providers as reasonably necessary to provide the Services, and to other third parties as described in the Privacy Policy or otherwise permitted or required by law. Where applicable law requires consent for a particular disclosure or processing activity, We will obtain the required consent.
16.5 Where applicable law requires consent to process sensitive personal data, We will obtain the required consent before processing such data. Sensitive data may include information concerning health, mental or physical health diagnosis, certain biometric or genetic information, known children's data, precise geolocation, or other categories defined by applicable law.
16.6 Where the VCDPA or another applicable privacy law grants you rights concerning your personal data, you may exercise those rights using the methods described in the Privacy Policy. Depending on applicable law, these rights may include access, correction, deletion, data portability, and opt-out rights.
Where the VCDPA applies, We will process authenticated consumer requests within the time periods required by law and provide an appeal process where required. Nothing in these Terms waives or limits a non-waivable privacy right.

17.1 To the maximum extent permitted by applicable law, the Website and Services are provided on an "as is" and "as available" basis. We do not guarantee that the Website or Services will be uninterrupted, error-free, compatible with every system, or free from every security vulnerability. However, nothing in these Terms excludes or limits warranties, rights, or remedies that applicable law prohibits Us from excluding or limiting.
17.2 No part of this Website is intended to constitute medical, psychological, legal, financial, safeguarding, or other professional advice. Content should not be relied upon as a substitute for advice from an appropriately qualified professional.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 We use reasonable efforts to maintain the security and integrity of the Website, but no Internet service can be guaranteed to be completely secure or free from malware or unauthorized access.

We may update these Terms from time to time to reflect changes in the Services, technology, business practices, or applicable law. We will post the updated Terms and identify the effective date. For material changes affecting an existing paid subscription or automatic-renewal arrangement, We will provide advance notice as required by applicable law and, where required, provide information about how to cancel before the change takes effect. Changes will not retroactively alter rights or obligations that have already accrued unless the change is required by law or otherwise permitted by the applicable contract. Your continued use of the Website after the effective date of a non-material change may constitute acceptance of the revised Terms. Where affirmative acceptance is legally required, We will obtain it.

19.1 The Website is provided "as is" and "as available." We may perform maintenance, updates, security measures, or other operational activities that temporarily affect availability.
19.2 We accept no liability for disruption caused by events beyond Our reasonable control, subject to any non-waivable rights or remedies under applicable law. We do not promise a particular uptime or refund for outages unless an applicable service-level agreement or refund policy expressly provides one.

20.1 To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, consequential, special, exemplary, or punitive damages arising out of these Terms or the Services, except to the extent such damages cannot lawfully be excluded.
20.2 To the maximum extent permitted by applicable law, Our aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid to Áthlima Sport for the Services giving rise to the claim during the 12 months preceding the event giving rise to the claim, or (b) $100. The foregoing limitation does not apply to liability that cannot lawfully be limited or excluded, including liability for fraud or intentional misconduct, or to any other category of liability that applicable law prohibits the parties from limiting. Nothing in these Terms limits your statutory consumer rights, privacy rights, rights concerning unauthorized transactions, or other rights that cannot lawfully be waived.
20.3 If any provision is found unlawful, invalid, or unenforceable, it will be modified or severed to the minimum extent necessary, and the remaining provisions will remain in effect to the extent permitted by applicable law.

Failure to exercise a right or remedy does not constitute a waiver of that right or remedy.

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

The Website may contain links to third-party websites or resources. Áthlima Sport is not responsible for the privacy practices or content of third parties. Third-party services used to provide the Website or Services may process personal information according to their own terms and privacy policies and any applicable agreement with Áthlima Sport.

 24.1 Notices to Us may be sent to: Áthlima Sport, 107 S West St., #537, Alexandria, VA 22314, USA, Email fun360@athlimasport.org.
Where applicable law requires a specific method of notice, that method will control. Any notice sent by first-class mail shall be deemed received seven (7) days after it is posted. Any notice sent by electronic mail shall be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 We may send transactional and service-related communications necessary to administer your Account or provide the Services. You may opt out of promotional communications at any time using the unsubscribe mechanism provided in the communication, without affecting necessary transactional or service communications. Electronic notices may be provided by email, through the Website, or through the Account interface where legally permitted.

These Terms and the relationship between you and Áthlima Sport are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules, except to the extent federal law or mandatory consumer-protection law of another jurisdiction applies. To the extent permitted by applicable law, disputes arising out of these Terms or the Services will be brought in the state courts located in the Alexandria, Virginia, or the United States District Court for the Eastern District of Virginia, Alexandria Division.

Áthlima Sport is committed to continually improving sport education through evidence-informed practice, educational evaluation, and scientific research. As part of this commitment, We may use information generated through your use of the Services to evaluate learner experiences, improve educational content, assess instructional methods, improve curriculum and assessments, monitor platform performance, conduct quality assurance, and support program development. Where personal data is used for these purposes, We will limit collection and use to information reasonably necessary and proportionate to the disclosed purpose and will comply with applicable law. We will not collect information merely because it could potentially be useful for future research where applicable law requires a more specific purpose or consent.

26.1 Information We Collect
As part of your participation in our educational programs, courses, and learning activities, we may collect information including, but not limited to:Course enrollment, registration, and completion data; Learning Activity and Assessment responses; Feedback form responses; Any User-generated content; Website and platform activity logs and other navigation data; Other information voluntarily provided through the Services. 
26.2 Internal Educational Improvement
We may use information collected through the Services to:Evaluate learner experiences; Assess the effectiveness of educational content and instructional methods; Improve course design, curriculum, assessments, and user experience; Monitor platform performance and educational outcomes; and Support quality assurance and program development activities.
26.3 Research Activities
Áthlima Sport may conduct educational research and program evaluation relating to sport education, sport experiences, learning outcomes, curriculum effectiveness, instructional methods, and related subjects.Where research involves personal data, We will process the data in accordance with applicable privacy law, research requirements, and the Privacy Policy. Where required by applicable law or institutional policy, research involving human participants will be subject to a separate informed-consent process and, where applicable, review by an institutional review board or other appropriate ethics body.Participation in research activities requiring separate consent is voluntary. Refusing or withdrawing from such research will not affect a person's access to educational content, certifications, or Services, except where a particular activity itself constitutes the Service being purchased and applicable law permits that arrangement.
26.4 De-Identification and Aggregation
Where feasible and appropriate, research and program-evaluation analyses will use aggregated or de-identified data. "De-identified data" means data processed so that it cannot reasonably be linked to an identified or identifiable natural person, taking into account applicable law and the means reasonably available to the parties.We will use reasonable safeguards designed to prevent re-identification of de-identified research data and will not intentionally attempt to re-identify such data except as permitted or required by law or for legitimate security, quality-control, or research-governance purposes.
26.5 Publication and Dissemination
Research or evaluation findings may be included in reports, presentations, educational resources, conference proceedings, academic publications, or other scholarly or educational materials. Unless a participant has separately consented to identifiable publication or disclosure, findings will be presented in aggregated or appropriately de-identified form.We will not publish a learner's name, photograph, identifiable quotation, identifiable assessment response, or other identifiable personal information as part of research merely because the learner accepted these Terms. Separate consent will be obtained where required by applicable law or the applicable research protocol.
26.6 Data Sharing
We may share appropriately aggregated or de-identified information with research collaborators, academic institutions, professional associations, sport organizations, funding organizations, governing bodies, and other institutional partners for legitimate educational or research purposes, subject to applicable law and contractual restrictions.Where personal data is shared with a processor or other service provider, the recipient will be required to use the data consistently with the applicable agreement, disclosed purpose, and applicable law.We will not treat a general acceptance of these Terms as consent to disclose identifiable personal information for unrelated third-party research purposes where applicable law requires separate consent.
26.7 Voluntary Participation in Additional Research
Certain research activities may require separate informed consent. When applicable, participation in such activities will be voluntary and declining to participate will not affect your access to educational content, certifications, or Services.
26.8 Sensitive Information
If research or educational activities involve sensitive personal data, including health-related information, biometric information used for identification, precise geolocation, or known children's data, We will obtain any consent required by applicable law before processing that information for the applicable purpose.
26.9 Children and ResearchPersonal data concerning a known child under 13 will not be used for research or other purposes beyond those permitted by applicable children's privacy law without the required parental consent. Where COPPA or other applicable law requires verifiable parental consent, We will use a legally permitted consent mechanism.
26.10 Data Retention
We will retain personal data only for as long as reasonably necessary and proportionate to the purpose for which it was collected, subject to legal, contractual, security, accounting, accreditation, certification, archival, or research-retention requirements described in the Privacy Policy. Known children's personal data will not be retained longer than reasonably necessary to provide the applicable online service, product, or feature except as otherwise permitted or required by applicable law.
26.11 Research Does Not Affect Ownership
Participation in educational analytics or research does not transfer ownership of a User's User Content or personal data to Áthlima Sport. Any license or processing authorization is limited to the purposes described in these Terms, the Privacy Policy, applicable consent forms, and applicable law.

Our curriculum is intended for educational purposes only. While Our courses may help inform sport practice, including sport coaching and participant development, they do not replace sport-specific education or certification requirements established by governing bodies or other jurisdictions. Our Services are not medical, psychological, legal, financial, safeguarding, emergency, or other professional advice. Users should obtain advice from appropriately qualified professionals when circumstances require it. Completion of a course does not, by itself, create or imply a professional license, certification, accreditation, employment qualification, medical qualification, or authorization to practice a regulated profession unless expressly stated in writing by Áthlima Sport and legally authorized by the applicable governing body.

Nothing in these Terms is intended to waive, exclude, restrict, or limit any right, remedy, warranty, privacy protection, cancellation right, refund right, consumer protection, or other protection that cannot lawfully be waived, excluded, restricted, or limited under applicable federal or state law. If a provision of these Terms conflicts with a mandatory legal requirement, the mandatory legal requirement will control to the extent of the conflict. These Terms do not constitute consent to processing that applicable law requires to be separately consented to, and acceptance of these Terms does not substitute for any separate parental, research, recording, biometric, health-data, or other consent required by applicable law.