1. ACCESS AND USE OF THE WEBSITE
In order to access and use the Website, you must obtain access to the World Wide Web and pay any applicable access fees. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Access to the Website is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
This Website contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this Website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements. Links to and from the Website to and from other on-line cable, wireless, or other Internet website, service or browser, maintained by third parties (“Linked Services”), and the existence of such links do not constitute an endorsement by TSX Challenge of the Linked Services or the content thereof. The Linked Services are not under the control of TSX Challenge and accordingly TSX Challenge is not responsible for the Linked Services or their content, or availability of such content, or the products and services provided at the Linked Services.
TSX Challenge has no obligation to maintain the Website, in whole or in part, nor does it have any obligation to provide you with any related maintenance or support services. TSX Challenge reserves the right to render the Website, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace, or modify the Website or any portion thereof, at any time and for any or no reason, without prior notice or liability to you.
If products and/or services are made available for purchase through the Website and you wish to purchase such products and/or services, you may be asked by TSX Challenge or its designee (or, if such product or service is being made available by a third party provider, by such third party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR USERNAME(S) TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE. Verification of information may be required prior to acceptance of any order through the Website. Descriptions or images of, or references to, products and/or services on the Website do not imply TSX Challenge’s endorsement of such products and/or services. TSX Challenge reserves the right, with or without prior notice, to: change descriptions or references to products and/or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any visitor to the Website with any product or service. Price and availability of any product or service offered through the Website is subject to change without notice. Refunds and exchanges shall be subject to TSX Challenge’s refund and exchange policies, as may be made available by TSX Challenge and updated by TSX Challenge from time to time. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. To the extent applicable, in the on-line processing of credit card transactions, the Website incorporates reasonable safeguards to protect the security of your personal information. However, it is always possible that any personal information transmitted or disclosed on-line can be intercepted by others and used unlawfully. Accordingly, TSX Challenge cannot warrant the security of your personal information.
4. SITE FEATURE
(a) General Information. Our Website is primarily meant to provide you with information about TSX Challenge events and about our company. While we try to keep our Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website.
(b) Your Submissions. Our Website may also include: surveys to help us learn about you or your interest in volunteering at an event, hosting an event, or being part of a news story about an event; newsletter sign-up; and a poster request form. We do not guarantee any confidentiality or anonymity with respect to any information you provide to us. By submitting information, photos or other materials to us through the website or via email, you expressly: 1) give us permission to use such materials for any purpose; and 2) represent and warrant that you are the owner of such materials and have the right to grant us ownership in them or permit us to use them for any purpose. For example, if you fill out our Media Profile survey and email us your photo, we have your permission to (among other things): shop your story and photo to any media outlets we choose, put such media outlet(s) in touch with you, and we have your permission to use your materials (including, without limitation, your photo and story and any other materials submitted) and grant others the use of foregoing materials.
(a) Ours. Unless otherwise specified, all intellectual property rights in and to the logos, trademarks, copyrights, trade dress, trade names, designs, photos, videos, and other material, which may include certain footage (video and audio), photographs, text, images, logos and other media and intellectual property related to or otherwise associated with TSX Challenge (collectively, the “TSX Challenge Material”), on our Website is owned by TSX Challenge. The Website and its content, including the selection, coordination, arrangement and enhancement of content and the design, layout and “look and feel” of the Website, constitute valuable intellectual property of TSX Challenge, and are protected by applicable copyright, trademark and other applicable intellectual property rights and laws. Unless TSX Challenge provides to you advance written approval, you may not copy, modify, publish, upload, transmit, distribute, perform, publicly display, or otherwise use any of the TSX Challenge Material in whole or part in a manner inconsistent with the United States Copyright Act, including, without limitation, any “fair use” provisions (17 U.S.C § 107). Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to any TSX Challenge Material without the written permission of TSX Challenge. Use of our TSX Challenge Material for any purpose without first obtaining our express written permission may be a violation of our copyright and/or other proprietary rights. You may not “frame” the content of this Website within another website. You may not use any meta tags or any other “hidden text” utilizing any TSX Challenge trademarks without the express written consent of TSX Challenge.
In order to access or use certain portions of the Website, you may be required to register and provide certain information. If you opt to register for any portion of this Website, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If TSX Challenge has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, TSX Challenge shall have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You acknowledge and agree that TSX Challenge may rely on the Registration Data to send you important information and notices regarding your account and the Website. You acknowledge and agree that TSX Challenge shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Website or your account. You further agree that TSX Challenge is authorized to verify such Registration Data. You are responsible for maintaining the confidentiality of any password and/or username designated with regard to your registration and you are solely responsible for all activities that occur by use of such password or username, and you will notify TSX Challenge immediately in the event of unauthorized use of your password or account.
Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) posted on, submitted through, or otherwise sent to TSX Challenge as a result of, your use of the Website shall become and remain the exclusive property of TSX Challenge. Your posting, submission or sending of any such Comments shall constitute an assignment to TSX Challenge of all worldwide right, title and interest, including all intellectual property rights, in and to the Comments, and TSX Challenge will be entitled to use, reproduce, disclose, publish, distribute and otherwise exploit any Comments for any purpose whatsoever, without restriction or liability and without notifying or compensating you in any way, and you hereby agree to waive any and claims against TSX Challenge in connection with the foregoing. All Comments will be treated as non-confidential, and therefore you agree not to post, submit or send to TSX Challenge, on an unsolicited basis, any ideas, confidential information, proprietary information or other Comments that you do not wish to assign to TSX Challenge, including without limitation ideas for new or improved products, services, technologies, marketing, advertisements promotions or other services, products or offerings and any original creative materials such as stories, videos, computer code, images or artwork (all of the foregoing, collectively, “Unsolicited Ideas”). If you submit or otherwise send to TSX Challenge any Unsolicited Idea, by doing so you acknowledging and agreeing that: (1) you are not posting, submitting or sending any confidential or proprietary information; (2) TSX Challenge has no obligation to review or use the Unsolicited Idea or to keep it confidential; and (3) TSX Challenge will consider the Unsolicited Idea as a Comment assigned to and owned by TSX Challenge, which it may use, reproduce, disclose, publish, distribute or otherwise exploit for any purpose whatsoever, without restriction or liability and without notifying or compensating you, and you hereby agree to waive any and claims against TSX Challenge in connection with the foregoing.
6. DMCA NOTICE
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act [see 17 U.S.C § 512(c)(3)] by providing our Copyright Agent at [email protected] with the following information in writing:
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner of the copyright, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
7. RESTRICTIONS ON USE
- use the materials on the Website for any commercial purpose;
- use the Website or its content for any illegal purpose;
- attempt to gain unauthorized access to any other user’s computer systems or networks associated with the Website;
- modify or attempt to modify or in any way tamper with Website;
- use the Website or any of its content in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, right of privacy or right of publicity; or
- interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.
In connection with your use of the Website, you must not and User Content shall not: (a) defame, abuse, harass or threaten others; (b) make any bigoted, hateful or racially offensive statements; (c) advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person; (d) post or distribute any material that infringes and/or violates any right of a third party or any law; (e) post or distribute any vulgar, obscene, discourteous or indecent language or images; (f) advertise or sell to or solicit others; (g) use the Website for any personal commercial purposes of any kind not related to TSX Challenge; (h) post or distribute any software or other materials that contain a virus, worm or any computer code, file, program, routine or other harmful component or device to interrupt, destroy, damage or limit the functionality of this Website or any other website, or any computer hardware, software or telecommunications apparatus; (i) restrict or inhibit any other user from using and enjoying the services or features of the Website; (j) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose; (k) use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (l) interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website; (m) gain, or attempt to gain, unauthorized access to the Website, or any account, computer system or network connected to this Website, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means; (n) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; or (o) gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.
8. MEDICAL TREATMENT AND FITNESS FEATURES
The Website is provided for your convenience. You should not rely on information provided on this Website as a substitute for professional medical advice, diagnosis, or treatment and nothing on this Website creates a physician-patient relationship. Do not disregard, avoid or delay obtaining medical advice or seeking emergency care.
The Website and the features, functionalities, services and content made available therein, including without limitation any advice, information, workouts, exercises, regimens, nutritional plans, recipes or other materials (collectively, the “Fitness Features”), are provided for general informational purposes only, and do not constitute medical advice. The Fitness Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any fitness or nutrition regimen or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions.
TSX Challenge is not liable or responsible for any consequences of you having read, used or relied upon any Fitness Features. By using any Fitness Feature, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, all of which can be potentially hazardous activities. You should consult with your doctor prior to using any Fitness Feature. If you choose to use any Fitness Features, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using such Fitness Features, and you hereby assume all risks associated with using such Fitness Features. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING ANY FITNESS FEATURE, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TSX CHALLENGE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FITNESS FEATURES AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH FITNESS FEATURES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY FITNESS FEATURE IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TSX CHALLENGE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY FITNESS FEATURE.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND YOUR USE OF THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE USE OR OPERATION.
IN ADDITION, TSX CHALLENGE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE; (B) ANY ACTS OR OMISSIONS OF USERS, OUR PARTNERS, ADVERTISERS OR OTHER PARTIES ON OR THROUGH THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR THIRD PARTIES RELATED TO THE SITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY DAMAGE OR DESTROY YOUR COMPUTER HARDWARE OR SOFTWARE OR TELECAOMMUNICATIONS APPARATUS; AND/OR (G) ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.
TSX Challenge explicitly disclaims any responsibility for the accuracy or availability of information found on third party websites that link to or from this Website. TSX Challenge cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Website or third-party content on our Website. TSX Challenge does not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any information contained in such third-party sites or content. TSX Challenge does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. TSX Challenge strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please advise TSX Challenge (at the contact information provided below) if you discover any inaccuracy in this content.
12. LIMITATION OF LIABILITY
13. JURISDICTION; GOVERNING LAW.
By using the Website, you agree to submit to submit any and all controversies, disputes or claims arising out of or related to your use of the Website for arbitration to be conducted in Fresno, California. By using the Website, you agree that the arbitration of any dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving TSX Challenge or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against TSX Challenge. You agree that the arbitrator of any dispute between you and TSX Challenge may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and such dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. You agree that you will assert any claim arising out of your use of the Website within one (1) year after the claim arises, or such claim will be barred.
TSX CHALLENGE is a trademark of TSX Challenge LLC. Our trademarks may not be used in connection with any product or service that is not TSX Challenge LLC’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits TSX Challenge LLC.
TSX Challenge LLC
P.O. Box 1844
Orinda, CA 94563
Attn: General Counsel