TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING THIS WEB SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY WORLD TRIATHLON CORPORATION TO ACCESS OR OTHERWISE USE THIS WEB SITE. BY PROCEEDING TO ACCESS THIS WEB SITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.
The following Terms and Conditions of Use apply to and are provided on behalf of World Triathlon Corporation (“WTC”) and the WTC family of companies (collectively referred to as "We," "Us," or "Our"). This Agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which You (the “User,” “You” or “Your”) may access and use WTC’s network of websites (“Site”).
AMENDMENTS TO TERMS AND CONDITIONS
We reserve the right to amend, expand, delete², or otherwise change these Terms and Conditions from² time to time and at our sole discretion. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by You to be bound by the Terms and Conditions as amended. It is Your responsibility to review this agreement from² time to time and to be aware of such changes.
INFORMATION SERVICE
All information provided by Us pursuant to these Terms and Conditions is provided in good faith. You accept that any information provided by Us is general information suited for general use and reference and is not in the nature of advice. We derive our information from² sources which We believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update² this information from² time to time. In addition, We do not make any representations or warranties that the information We provide is reliable, accurate or complete or that Your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from² any action taken or reliance made by You on any information or material posted by Us. You should make Your own inquiries and seek independent advice from² relevant industry professionals before acting or relying on any information or material which is made available to You. It shall be Your own responsibility to ensure that any products, services or information available through this Site meet Your specific requirements.
PRIVACY POLICY
We respect the privacy of Our Users. Please see Our Privacy Policy for a summary of Our policies and practices regarding collection and use of non-public personal information, which is incorporated herein by this reference. By using this Site, You consent to Our collection and use of personal data as outlined therein.
DISCLAIMER
Your use of any information or materials on the Site is entirely at Your own risk, for which We shall not be liable. We do not accept responsibility for any damages or losses including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, however caused, including through negligence, even if We have been advised of the possibility of such damages resulting from² the use or inability to use the information and services We provide, which You may directly, indirectly, incidentally, or consequentially suffer in connection with Your use of this web site or any linked web site, nor do We accept any responsibility for any such loss arising out of Your use of, or reliance on, information contained on or accessed through this web site. To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions is hereby excluded. Where² legislation implies any condition or warranty, and that legislation prohibits Us from² excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again. This disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
SPECIFIC WARNINGS
Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense. You must ensure that Your access to this Site is not illegal or prohibited by laws that apply to You. You may not use this site for any purpose that is unlawful or prohibited by these Terms. You may not use this site in any manner that is fraudulent, illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or is otherwise objectionable or harmful. You may not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this site.
You must take Your own precautions to ensure that the process, which You employ for accessing this Site, does not expose You to the risk of viruses, malicious computer code or other forms of interference, which may damage Your own computer system. For the removal of doubt, We do not accept responsibility for any interference or damage to Your own computer system, which arises in connection with Your use of this Site or any linked Site.
While We have no reason to believe that any information contained on this Site is inaccurate, neither We nor any third parties warrant or guarantee the accuracy, adequacy, timeliness, performance, suitability or completeness of such information and materials found or offered on the Site for any particular purpose, nor do We undertake to keep this Site update²d. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We do not accept responsibility for loss suffered as a result of reliance by You upon the accuracy or currency of information contained on this Site. This content is not intended to be a substitute for professional advice.
Responsibility for the content and representations made in connection with advertisements appearing on this Site (including hyperlinks to advertisers' own Sites) rests solely with the advertisers.
WTC INTELLECTUAL PROPERTY RIGHTS
All material contained on this Site is protected by law, including but not limited to, United States trademark and copyright law, as well as state, national, and international laws and regulations. We own a copyright in the Site as a collective work and/or compilation, and in the select²ion, arrangement, enhancement, and coordination of the content on this Site. Unless otherwise indicated, all content on the Site is copyrighted by Us, with all rights reserved.
The logos and all other trademarks, names, logos, and icons identifying Our goods and/or services are Our proprietary marks, unless otherwise indicated. All other product and company names and other marks mentioned herein are the property of their respective owners. Except as expressly provided herein, We do not grant any express or implied right to You to use any copyright, trademark, service mark, logo, and/or trade name that appears on the Site.
RESTRICTED USE/PASSWORD USE
Your use of certain portions of this Site may require registration and the designation of a user name, profile name and associated passwords (collectively "IDs"). If You are provided with IDs, then You are provided access to this Site only for Your personal use. By agreeing to these Terms and Conditions, You agree to be solely responsible for the confidentiality and use of Your respective IDs, as well as for any communications entered through the Site using Your IDs. You must also immediately notify Us if You become aware of any unauthorized use, loss or theft of Your IDs. We reserve the right to delete² or change your IDs at any time and for any reason. You are authorized to print a copy of any information contained on this Site for Your personal use, unless such printing is expressly prohibited.
LINKED WEB SITES
This Site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained. We may or may not control some or all of these sites. We are not responsible for the content or privacy practices associated with linked web sites.
Our links to linked web sites should not be construed as an endorsement, approval or recommendation by Us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
WTC does not knowingly publish (or permit individuals to publish) copyrighted materials without permission. If You believe that any material published on this any WTC Sites has been used in a way that constitutes copyright infringement, and if You are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please notify our Copyright Agent of any alleged infringement. Your notice to our Copyright Agent should be in the form of a written, signed statement containing the following information:
- a description of the infringing material
- a description of the copyrighted work(s) that You believe has been infringed;
- the name of the owner of the copyright,
- Your name,
- Your address, telephone number and/or email address,
- a statement that You have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law
- a statement that all of the information You have provided is true, and
- a statement, made under penalty of perjury, that You are the owner of the copyright or are authorized to act on behalf of the owner.
Your statement must be sent to Us by U.S. mail, fax, or e-mail, addressed as follows:
Extreme Team LLC
Attn: DMCA Copyright Agent
P.O. Box 606
Beulah, CO 81023
E-mail: info@endurapix.com
COOKIES
This site uses information stored on Your computer’s hard drive (cookies) to deliver content tailored to Your interests in an effort to save time when using this site’s features. Cookies provide information about Your web usage and are used for compiling Site statistics, tracking user sessions, traffic analysis, and data reporting. Our cookies may contain personally identifying information. Your browser may have a feature to disable or eliminate cookies if You prefer not to use cookies. Disabling or eliminating cookies may restrict You access to some functions and features of this site.
SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While We strive to protect such information, We do not warrant and cannot ensure the security of any information that You transmit to Us. Accordingly, any information that You transmit to Us is transmitted at Your own risk. Nevertheless, once We receive Your transmission, We will take reasonable steps to preserve the security of such information. You should never share Your secure information and/or password and identifier with any other person.
TERMINATION OF ACCESS
This Agreement will take effect at the time You begin using this Site (thereby indicating acceptance of these Terms and Conditions). We reserve the right at any time and for any reason to deny You access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
INDEMNIFICATION
You will defend, indemnify, and hold harmless Us and all of Our employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from² and against any and all claims, demands, proceedings, damages, injuries, liabilities, losses, costs, and/or expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from² Your use of the Site, any breach by You of this Agreement, and/or any other matter for which You are responsible hereunder or under law.
GOVERNING LAW
These Terms and Conditions are governed by the laws in force in the State of Florida, without giving effect to any principles of conflicts of law. Any disputes arising in connection with these Terms and Conditions shall be resolved by binding arbitration in the State of Florida by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. The award shall be enforceable in any court having jurisdiction thereof. Exclusive venue for such arbitration shall be in Tampa, Florida. If any provision of these Terms shall be unlawful, void, or otherwise unenforceable, then that provision shall be severable from² these Terms and shall not affect the validity and enforceability of any remaining provisions.