Terms

Terms of Service

Access to and use of this website, https://www.copacer.com, owned by CoPacer, is governed by the terms and conditions set forth below, as well as any applicable laws, statutes, ordinances and regulations. By browsing, visiting or otherwise accessing or using this website, you agree to abide by the terms and conditions set forth below:

1. Eligibility

By accessing the Services, you affirm that you are fully able and competent to enter into and comply with the Terms, and that all the information you submit is accurate and truthful. We only permit individuals to use the Services who are (i) at least 18 years old or at least 13 years old and have their parent or guardian’s consent to the Terms, (ii) who can form legally binding contracts with us, and (iii) agree not to use the Services in any country or in any manner prohibited by any laws, restrictions, or regulations that apply to you, including United States export control laws and/or foreign laws, restrictions, or regulations.

We may change our eligibility criteria at any time, and reserve the right, but are not obligated, to further limit access to the Services to any person, entity, geographic region, or jurisdiction.

2. Use License

1. Eligible persons are granted permission to temporarily download one copy of the materials (information or software) on CoPacer's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on CoPacer's website;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or "mirror" the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by CoPacer at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Links

You may be transferred to third party sites through links from this website. Our website does not sell any good or service to consumers and nothing on this website shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchase you make will be through other websites and from other companies. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Be sure to carefully evaluate and investigate such sites on your own to your satisfaction.

You are knowingly and voluntarily assuming all risks of using such sites to purchase goods or services. You agree that CoPacer and its advertisers shall have no liability whatsoever from such third party sites and your usage of them.

These other sites are not under the control of this website, are not monitored or reviewed us, nor are we aware of the contents of such sites. CoPacer does not sponsor or recommend these sites. You acknowledge that CoPacer is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of such a link does not imply endorsement of this website by CoPacer or its advertisers of any association with its operators and is provided solely for your convenience.

If you have any complaint with such sites, contact that site directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.

4. Trademarks

CoPacer's, licensors' or other third party materials, services or products referenced on this website are common law or registered trademarks or service marks of such parties. Presence of a third-party trademark does not mean that CoPacer has any relationship with that third party or that the third party endorses CoPacer or its services.

5. Disclaimer of Warranties

COPACER, ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS WEBSITE. ALL INFORMATION AND USE OF THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COPACER, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO OUR WEBSITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS WEBSITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS WEBSITE OR INFORMATION PROVIDED BY THIS WEBSITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COPACER, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY AS MUCH AS PERMITTED BY LAW OF YOUR JURISDICTION.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COPACER, ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS WEBSITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS WEBSITE, THE PRODUCTS OR SERVICES LISTED ON THIS WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COPACER, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE SITE, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED BY THE LAW OF YOUR JURISDICTION.

7. Assumption of Risk / No Medical Advice

YOU AGREE THAT COPACER IS NOT PROVIDING MEDICAL ADVICE OR OPINIONS VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS (I.E. USER CONTENT) OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND COPACER.

YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF COPACER OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE. YOU UNDERSTAND AND AGREE THAT: (I) PARTICIPATION IN THE SERVICES (INCLUDING ANY TRAINING PLAN, PRIVATE COACHING, OR ANY OTHER ACTIVITY OFFERED OR RECOMMENDED THROUGH THE SERVICES) IS VOLUNTARY; (II) SUCH SERVICES INCLUDING ANY TRAINING PLAN, PRIVATE COACHING OR ANY OTHER ACTIVITY OFFERED OR RECOMMENDED THROUGH THE SERVICES MAY REQUIRE INTENSE PHYSICAL ACTIVITY; (III) AND THAT SUCH PARTICIPATION CARRIES WITH IT CERTAIN AND INHERENT AND UNAVOIDABLE RISKS, INCLUDING AN INCREASED RISK OF SERIOUS ILLNESS, INJURY, PARALYSIS, OR EVEN DEATH. WITH FULL AWARENESS OF SUCH RISKS, YOU ASSUME THE RISK OF PARTICIPATING IN THE SERVICES. YOU CERTIFY THAT YOU ARE PHYSICALLY FIT AND SUFFICIENTLY TRAINED FOR PARTICIPATION IN THE SERVICES AND THAT YOU HAVE NOT BEEN ADVISED AGAINST PARTICIPATION BY YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL.

YOU EXPRESSLY AGREE TO RELEASE COPACER, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE WEBSITE OR SERVICE, (b) YOUR USE OF PROGRAMS CREATED BY COPACER WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE WEBSITE OR SERVICE, (d) ANY DELAY OR INABILITY TO USE THE WEBSITE OR SERVICE EXPERIENCED BY YOU.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COPACER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification

You agree to defend, indemnify, and hold harmless CoPacer, its advertisers, vendors, product and service providers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this website, or any services, information or products from this website, or any violation of this Agreement or the terms of their offerings. CoPacer reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with CoPacer in asserting any available defenses.

9. Miscellaneous

This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the website. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. You shall not assign or transfer this Agreement and any such transfer shall be void.

10. Modifications

CoPacer may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

11. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of its courts.

Privacy Policy

Your privacy is important to us. It is CoPacer's policy to respect your privacy regarding any information we may collect from you across our website, https://www.copacer.com, and other sites we own and operate.

1. Information we collect

LOG DATA

When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.

DEVICE DATA

We may also collect data about the device you’re using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

PERSONAL INFORMATION

We may ask for personal information, such as your:

• Name, Email, Gender, Graduation year

2. Legal bases for processing

We will process your personal information lawfully, fairly and in a transparent manner. We collect and process information about you only where we have legal bases for doing so.

These legal bases depend on the services you use and how you use them, meaning we collect and use your information only where:

• it’s necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract (for example, when we provide a service you request from us);
• it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services, and to protect our legal rights and interests;
• you give us consent to do so for a specific purpose (for example, you might consent to us sending you our newsletter); or
• we need to process your data to comply with a legal obligation.

Where you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place).

We don’t keep personal information for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.

3. Collection and use of information

We may collect, hold, use and disclose information for the following purposes and personal information will not be further processed in a manner that is incompatible with these purposes:

• to enable you to access and use our website, associated applications and associated social media platforms; and
• to contact and communicate with you.

4. Disclosure of personal information to third parties

We may disclose personal information to:

• third party service providers for the purpose of enabling them to provide their services, including (without limitation) personal coaching and athletic representation services.

5. International transfers of personal information

The personal information we collect is stored and processed in United States, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.

6. Your rights and controlling your personal information

Choice and consent: By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this privacy policy. If you are under 16 years of age, you must have, and warrant to the extent permitted by law to us, that you have your parent or legal guardian’s permission to access and use the website and they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us, however, if you do not, it may affect your use of this website or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our website or products and services.

Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Notification of data breaches: We will comply laws applicable to us in respect of any data breach.

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

7. Cookies

We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified. Please refer to our Cookie Policy for more information.

8. Business transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.

9. Limits of our policy

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

10. Changes to this policy

At our discretion, we may change our privacy policy to reflect current acceptable practices. We will take reasonable steps to let users know about changes via our website. Your continued use of this site after any changes to this policy will be regarded as acceptance of our practices around privacy and personal information.

If we make a significant change to this privacy policy, for example changing a lawful basis on which we process your personal information, we will ask you to re-consent to the amended privacy policy.

This policy is effective as of May 11, 2024.

Cookie Policy

We use cookies to help improve your experience of https://www.copacer.com. This cookie policy is part of CoPacer's privacy policy, and covers the use of cookies between your device and our site. We also provide basic information on third-party services we may use, who may also use cookies as part of their service, though they are not covered by our policy.

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from https://www.copacer.com, with the understanding that we may be unable to provide you with some of your desired content and services.

What is a cookie?

A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.

Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalise your content (eg. advertising, language).

Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.

Types of cookies and how we use them

ESSENTIAL COOKIES

Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.

PERFORMANCE COOKIES

Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.

FUNCTIONALITY COOKIES

Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and timezone settings). With this information, websites can provide you with customised, enhanced or optimised content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.

TARGETING/ADVERTISING COOKIES

Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We do not use this type of cookie on our site.

THIRD-PARTY COOKIES ON THIS SITE

We may employ third-party companies and individuals on our websites—for example, analytics providers and content partners. We grant these third parties access to selected information to perform specific tasks on our behalf. They may also set third-party cookies in order to deliver the services they are providing. Third-party cookies can be used to track you on other websites that use the same third-party service. As we have no control over third-party cookies, they are not covered by CoPacer's cookie policy.

OUR THIRD-PARTY PRIVACY PROMISE

We review the privacy policies of all our third-party providers before enlisting their services to ensure their practices align with ours. We will never knowingly include third-party services that compromise or violate the privacy of our users.

How you can control or opt out of cookies

If you do not wish to accept cookies from us, you can instruct your browser to refuse cookies from our website. Most browsers are configured to accept cookies by default, but you can update these settings to either refuse cookies altogether, or to notify you when a website is trying to set or update a cookie.

If you browse websites from multiple devices, you may need to update your settings on each individual device.

Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.

CCPA Policy

The California Consumer Privacy Act (CCPA) is intended to enhance privacy rights and consumer protection for residents of California, United States. It provides consumers the ability to opt-out, the right to ask advertisers to disclose what data they possess on the user, and to request deletion.

Although CoPacer does not disclose or sell its users' data, CoPacer's pages may contain external links to companies with different policies. The below companies may collect personal information when CoPacer links to them, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads, and other commercial purposes. For more information about the collection and use of your personal information and your rights, please use the below links.

This policy is effective as of May 11, 2024.