AthleticU
In consideration of your use of this product, you agree to defend, indemnify and hold harmless Viking Athletic Development, Inc., its officers, directors, shareholders, managers, employees, agents, affiliated companies and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorneys' fees) arising from:
(i) the use of and access to the application and the information contained therein by your institution or any student or athlete who attends your institution;
(ii) any injury or loss suffered with respect to use of the application or e information contained therein during an exercise program by your institution, or any student or athlete who attends your institution;
(iii) the violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Prope Rights by your institution or any student or athlete who attends your institution;
(iv) the violation of any policies, or any law, rule or regulation of the United States or any other country by your institution or any student or athlete who attends your institution;
(v) an claim or damages that arise as a result of any information that is submitted via a device, account or other code owned by, issued to or controlled by your institution or any student or athlete who attends your institution; and
(vi) any other party's access to or use of the application or the information contained therein with a device, account or other code owned by, issued to or controlled by your institution or any student or athlete who attends your institution.
You acknowledge by your use of the application and the information contained therein by or athlete who attends your institution is at the sole risk of your institution, and that your institution assumes full responsibility for any injuries or other health problems experienced during or as a result of the use of the application and the information contained therein by your institution or any student or athlete who attends your institution. To the extent permitted by law, Viking Athletic Development, Inc., its officers, directors, shareholders, managers, employees, agents, affiliated companies and licensors shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or the inability to use, the application and the information contained therein by your institution or any student or athlete who attends your institution, whether the alleged liability is based in contract, tort, negligence, strict liability or any other basis, and whether or not Viking Athletic Development, Inc. has been advised of the possibility of such damage. Notwithstanding the foregoing, Viking Athletic Development, Inc.'s total cumulative liability to you shall not exceed the fees paid by you for the application and the information contained therein as detailed on this invoice.