Spartan Race Terms of Service (the “Terms”)
PLEASE READ THIS DOCUMENT CAREFULLY BECAUSE IT HAS LEGAL EFFECT.
These Terms govern your relationship with Spartan Race, Inc. and its parents, subsidiaries, affiliates and/or licensed entities, including but not limited to, Spartan Race UK Operations Limited; Spartan Race (Canada), Inc.; Spartan Trail Holdings, LLC, and Xchange Sport & Event AG, and our third party service providers who operate or provide some or all of the Services (“Spartan”, “we”, “us”, and “our”) in connection with the access and use of: (i) our Spartan websites, including without limitation our related fitness content, boutiques, and other services (the “Spartan Websites”), (ii) our mobile, desktop, or other applications (“Apps”), (iii) Spartan events, and (iv) Spartan-controlled social media pages (such as Facebook, Instagram, and X formerly Twitter) (“Spartan Social Media”).
All of the Spartan Websites, Apps, and Spartan Social Media, including your access to, use of, or purchase of the products and services available through the foregoing, are collectively referred to in these Terms as the “Services.” We personalize content and features as part of the Services to improve your experience, including showing you recommendations in the Services that might be of interest to you. By registering with the Services or by visiting, browsing, or using the Services in any way, you (as a “user”) accept and agree to be bound by these Terms, which form a binding agreement between you and us.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 14). PLEASE READ THAT PROVISION CAREFULLY, INCLUDING YOUR RIGHTS, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 14 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
By accessing or using the Services, or clicking any button to indicate your consent, you signify that you have read, understand and agree to be bound by these Terms (and any terms incorporated herein), whether or not you are a registered user of the Services. These Terms apply to all users, visitors, participants, and others who wish to access or use the Services. This document is a legal contract and, by using the Services you agree to the Terms hereof and are bound by these Terms.
If you do not wish to be bound by these Terms you may not access or use the Services. Certain elements of the Services may be subject to additional terms and conditions specified from time to time; and your use of those elements of the Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. Also, when you participate in a Spartan Event there may and usually are additional terms applicable to such participation.
By accessing or using the Services, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under the minimum age of 13 without your parent’s or legal guardian’s permission; and (d) your access or use of the Services does not violate any applicable law or regulation.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes to the Terms shall become effective upon posting to any of the Services and the revised Terms will be indicated by “last updated” at the top of these Terms. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the Terms, as amended. If you do not agree to the revised Terms, you are no longer authorized to use the Services. We advise you to check the Terms periodically to stay informed of current policies.
LICENSE TO USE THE SERVICES
Subject to your compliance with these Terms, we grant you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Services for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed or given to anyone else. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or us. The license to use the Services is also subject to the terms of any subscription that you enter into with us or the terms of any other Services provided hereunder, including the purchase of goods and services or participating in Events. You should carefully review the terms of any subscription or purchase of goods or participation in Events so that you understand your obligations.
Except as expressly permitted in writing by our authorized representatives, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble any of the Services, nor will you take any measures to interfere with or damage the Services. Unless otherwise specified, copying or modifying any Content or Posts, or using Content or Posts, for any purpose other than your personal, non-commercial use of the Services, including use of any such Content or Posts on any other website, application or other network, is strictly prohibited. All rights not expressly granted in writing in these Terms are reserved to us.
These Terms do not authorize you to use the Services or any Content (including Posts) to generate revenue, nor does it authorize you to distribute or redistribute or broadcast any part of the Services, any Content or Posts.
ACCOUNTS AND REGISTRATION
You must provide complete and accurate information when you create a User Account, and when you register and complete the subscription or registration process, and notify us of any of changes to your information. If you fail to keep your account information up to date, we may have to suspend or terminate your subscription, registration or otherwise.
Profile Information and Picture. You may not use someone else's name or any name, location, or other public profile information, or image that violates any third-party rights, is against the law, or is offensive, obscene, or otherwise objectionable (in our sole discretion). Your User Account includes a publicly displayed profile page (“Profile Page”) in which other User Account users will be able to search for and view your: (i) full name; (ii) home state/province/territory and country; (iii) profile picture; (iv) race photos; (v) racer stats (for all completed Events and trifectas, including the number of Events, number of obstacles completed, total distance completed, total duration); (vi) history of Event results (including the name, location, date, and type of each completed Event, as well as the results from each such completed Event; and (vii) for Spartan+ User Accounts only, any “Challenges” and “Trophies” you have earned in connection with completed Events. Other User Account users will also be able to “follow” your Profile Page, and “like” certain accomplishments that you have earned.
Account Security. You are responsible for maintaining the security and confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account; this includes furnishing your username and password to third-party developed applications to connect to your account for any reason. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Services. To the extent permissible by law, we are not liable for any harm caused or related to the theft or misappropriation of your username or password due to your failure to take reasonable measures to maintain the confidentiality of your registration, your disclosure of your username or password, or your authorization of anyone else to use your username or password. If you have reason to believe that your registration is no longer secure, you must promptly change your password and immediately notify us of the problem by contacting us at email@example.com. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use, as a username, any name that is offensive, vulgar, or obscene.
Various Goods and Services. The access to or use of certain areas and features of the Services are subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access or use the relevant areas or features. If there is a conflict between these Terms and the terms or policies applicable to a specific area or feature of the Services, the latter terms or policies will take precedence unless stated otherwise. You will be subject to our Code of Conduct (https://race.spartan.com/en/about/code-of-conduct) in connection with the use of the Services, to other separate terms for Events (including but not limited to, Terms of Purchase, and the applicable Event waiver and release), and they are each incorporated herein.
Participation in our classes requires a monthly or annual subscription, and has fees that are separate from any other fees or payments under these Terms or related Services. When you subscribe the separate subscription agreement will apply to subscription for classes. In addition, the Services allow you to purchase Event tickets, shop for apparel and accessories, access, access a wide range of audio or video digital classes on your mobile device. Most of these ancillary goods and services have separate terms and conditions that you will need to review and accept by agreement.
At the time you purchase or subscribe for such other goods and services, we will provide information on the then-current fees, subscriptions or other charges. Features and prices are subject to change. The availability of products cannot be guaranteed and products, services, and other information are subject to corrections and changes without notice. Errors will be corrected where discovered, and we reserve the right to revoke any offer and to correct any errors, inaccuracies or omissions, including with regard to the characteristics of any product (i.e., color, size, descriptions, etc.).
Except as otherwise provided in the terms at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Services.
You must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) for all payments. By providing us with your credit card number and associated payment information, you agree that we are authorized to immediately invoice you for all fees and charges due and payable hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or account used for payment hereunder. If we are unable to process any payments under these Terms (including due to an invalid credit card account or any rejected charges), we will have the right, without limiting our other rights and remedies, to cancel or suspend your access to the Services (including access to content) until such amounts are paid in full. We may notify you before canceling or suspending access to the Services but we have no obligation to do so.
We reserve the right to adjust subscription and credit pricing at any time. However, if you have a current paid subscription, your subscription price will remain the same until you terminate your subscription. Once you terminate your subscription, we do not guarantee you will receive your previous subscription cost or rate if you resubscribe.
There are no refunds of subscription fees for subscription cancellations, including if you terminate your access to the Services prior to the end of your subscription. To change, update, upgrade, or cancel your subscription to our App, you must edit your subscription settings in the “phone settings” on your device. You cannot update subscription settings directly within the Services. Subscription cancellations must be made any time before the next billing cycle to avoid automatic payment of the next billing cycle.
We currently use Stripe as our payment processor (“Stripe Processing Services”). Stripe Processing Services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, or by continuing to use the Services, you agree to be bound by the Stripe Services Agreement, as may be modified from time to time by Stripe. As a condition of us enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe.
Event Purchases: Your purchases in connection with your registration for any type of Spartan-operated event (including without limitation, any Spartan Sprint®, Spartan Super®, Spartan Beast®, Spartan Ultra®, Spartan Stadion®, Spartan Kids®, Agoge, Hurricane Heat®, Peak Races®, Spartan Trail™, DEKA™, and any other event type offered by Spartan, collectively the “Events”) are subject to the Terms of Purchase.
Spartan+ Membership: Spartan+ is a paid membership User Account (the “Spartan+ Membership”) that grants you access to world-class coaching, our best content, exclusive discounts, and digital events (“Spartan+ Benefits”). A Spartan+ Membership is an automatically renewing paid membership requiring recurring payments. Spartan+ Memberships can be purchased for either a one-year period (“Yearly Membership”), or on a month-to-month basis (with a minimum six-month initial period (“Monthly Membership”), or for a period of time as described below in connection with the Trifecta Pass or Season Pass purchase (“Pass Membership”) (the period of time during the Yearly Membership, the Monthly Membership, or the Pass Membership, the “Membership Period”). The terms and conditions for the User Account under Section 2 shall also apply to the Spartan+ Membership.
Additional Information. For detailed information about what is included in the Spartan+ Benefits, please click here. For other applicable information about Spartan+, please visit our FAQs.
Membership Fee and Payment. Spartan+ is offered for a fee (“Membership Fee”) payable at the start of the Membership Period. Depending on the conditions as stated when you register for Spartan+, including whether your select a Yearly Membership or a Monthly Membership, the initial Membership Fee you shall be charged in the amount as stated on the Spartan+ sign-up page. If you sign up for the Yearly Membership, you will be required to pay the Membership Fee at the time you sign-up, and, unless you cancel pursuant to these terms and conditions, the Membership Fee shall automatically be charged to you exactly one-year from the time you initially signed up. If you sign up for the Monthly Membership, you will be required to pay the first month’s Membership Fee at the time you sign-up, and then billed monthly thereafter on the same calendar day each month (e.g., February 1, March 1, April 1, etc.), or if calendar day you purchased does not recur each month, then on the last day of the month (i.e., March 31, April 30, May 31, etc.). We reserve the right to modify the Membership Fee at any time prior to your initial, or next recurring, payment of the Membership Fee. By signing up for Spartan+ and providing Spartan with your payment account information, you agree that: (a) you will be charged your first Spartan+ Membership Fee and any applicable taxes on the date you purchase your Spartan+ Membership; (b) you authorize Spartan and its service providers to store your payment method for the purpose of executing future Spartan+ auto-renewal transactions; (c) UNLESS YOU CANCEL IN ACCORDANCE WITH THE REQUIREMENTS IN THE “CANCELLATION” SECTION BELOW, BY DEFAULT (AND WITH PRIOR NOTICE ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SPARTAN+ MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT MEMBERSHIP PERIOD, AND (D) AT THE TIME OF RENEWAL, SPARTAN WILL AUTOMATICALLY CHARGE THE THEN-CURRENT SPARTAN+ MEMBERSHIP FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file in order to help prevent any interruption to your Spartan+ Membership. If you need to change your billing address, name, or payment method first sign-in to your User Account. Then, go to your account settings and make the necessary changes and click save.
Third-Party Payment Processors. You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
Trifecta or Season Pass. If you purchase a Trifecta Pass or Season Pass (or similar), you will receive a fifty percent (50%) discount opportunity on the purchase of one-year Spartan+ Membership. The discount will be issued in the form of a promotional code that is valid for 50% of the Membership Fee (“Spartan+ Code”). The initial Membership Period will be valid for a one-year period that begins at the time you complete the purchase of the Spartan+ Membership using the supplied Spartan+ Code. Only Trifecta and Season Pass passholders will be permitted to use a Spartan+ Code, if you are not a Trifecta and Season Pass passholders do not purchase a Spartan+ Membership with a Spartan+ Code. Spartan+ Codes will only be valid for one Spartan+ Membership per person per email. Spartan reserves the right to cancel any Spartan+ Membership that is (but not limited to) purchased with a Spartan+ Code by an individual that is not a Trifecta and Season Pass passholder, without any liability to Spartan, and without any right by you to receive any refund or credit (in whole or part). The Membership Period in connection with a Pass Membership will automatically renew following the initial one-year Membership Period, at the then advertised annual Membership Fee. All other terms and conditions under this Section 3 shall apply.
Cancellation. You can cancel your Spartan+ Membership at any time during your Membership Period by logging into your User Account and selecting cancel under the settings (account.spartan.com/settings). You must cancel at least one (1) calendar day before the next-scheduled Membership Period renewal date to avoid being charged for the next Membership Period (e.g., if renewal date is February 1, you must cancel by 11:59:59 pm PT on January 31). If you cancel your Spartan+ Membership within ten (10) days for a Yearly Membership (or three (3) days of a Monthly Membership) from the beginning of your initial Membership Period, you will receive a full refund of the Membership Fee (less any credit card or other processing fees that may have been charged at the time of purchase). If you cancel your membership after the first ten (10) days of your Membership Period, the Membership Fee will not be refunded, however you will continue to receive all Spartan+ Benefits for the remainder of the Membership Period (if you cancel a Monthly Membership during the initial 6-month minimum Membership Period, you will continue to receive all Spartan+ Benefits for the remainder of the initial 6-month minimum period).
Updates and Changes. The Spartan+ fees and benefits may change in the future. If Spartan changes the Membership Fee charged for a Spartan+ Membership, Spartan will notify you and provide you with the opportunity to change or cancel your membership before it is renewed for another Membership Period. Your continued use of (and failure to timely cancel) the Spartan+ Membership after such change becomes effective will constitute your acceptance of the increased Membership Fee. If you do not wish to continue subscribing to Spartan+ with the new fees, you may cancel your Spartan+ Membership in accordance with the “Cancellation” terms and conditions above. Any Spartan+ Membership will be subject to the terms and conditions in effect at the time you sign up or renew for a new Membership Period.
No Transfer or Assignments & Cancellations by Spartan. Your Spartan+ Membership cannot be transferred or assigned. Spartan reserves the right to accept, refuse, suspend, or cancel your Spartan+ Membership at any time in its sole discretion. If Spartan cancels your Spartan+ Membership, you will receive a refund of your Membership Fee on a pro rata basis calculated from the end of the month during which your membership was cancelled, unless Spartan terminates your User Account or your Spartan+ Membership because it determines, in its sole discretion, that your actions or your use of the Spartan+ Benefits, the Services violates these Terms.
Spartan Plus Ticket Protection Program. Where You are a Spartan Plus member at the time of purchase of any registration for an Event and remain a Spartan Plus member through the date of the Event purchased (or as of the date of cancelation or rescheduling) (“Qualified Member”), You will be automatically refunded the purchase price paid for that Event (inclusive of service fees and taxes paid) where that Event is cancelled by Spartan for any reason. Where Spartan reschedules an Event for a Qualified Member, Spartan will refund the purchase price of that rescheduled Event upon request by the Qualified Member made in writing no later than 60 days from the date that the Event was originally scheduled. Any claims for refunds by Qualified Members for rescheduled Events occurring after the 120-day window will not be refunded by Spartan and Spartan has no obligation to provide any substitute benefit or renumeration in that instance. Where a Qualified Member elects to receive a refund of fees paid for a rescheduled Event, Spartan will cancel all Event registrations related to that rescheduled Event held by the Qualified Member at the time the request for refund is made. Where a Qualified Member (or any Event participants with an Event registration purchased by the Qualified Member) attend or otherwise participate in the rescheduled Event, Spartan will have no obligation to refund any Event registration fees to the Qualified Member. All refunds will be paid to the Qualified Member purchasing the Event registration(s) including where such Qualified Member has purchased multiple Event registrations on behalf of him/herself and others. Only a Qualified Member that has directly purchased an Event registration for a rescheduled Event may request a refund of fees paid. All refunds under this section will be made in totality by Spartan and Spartan will not provide “partial” refunds or refunds of select Event registrations under this program. Where a Qualified Member purchases an Event registration eligible for a refund through a third-party Event registration provider (e.g. Groupon), Groupon will refund the fees paid by the Qualified Member in lieu of Spartan. SEASON PASS HOLDERS ONLY: Where a Qualified Member is a Season Pass holder and registers for an Event that is cancelled, Spartan will only refund the fees paid by the Season Pass holder for the cancelled Event and not for the underlying cost of the Season Pass.
Unbreakable Pass: The Unbreakable Pass (“Unbreakable Pass”) is an event pass and digital non-fungible token (“NFT”) that grants the holder of the Unbreakable Pass (“Passholder”) access to over 450 Spartan owned, operated and licensed Events worldwide in 45+ countries without the need to pay the standard Event Registration Fee applicable to each Event your register for, as well as access to and the ability to enjoy many other benefits and perks. The Unbreakable Pass will be subject to “Unbreakable Pass Terms and Conditions”. Prior to your purchase of an Unbreakable Pass, please refer to and review such terms and conditions made available at purchase, and as published on the Unbreakable Pass webpage.
These Terms apply on the date you either register and/or use (whichever is earlier) the Services and continue to last date you maintain an account with us and/or continue to use the Services.
We may, in our sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any Posts (defined below) that you submit, for any lawful reason, including without limitation if we determine that you have violated these Terms or that your conduct or Posts may or could damage us, including our reputation or goodwill. We may also block your access to the Services to prevent re-registration.
Effect of Termination. If these Terms as applicable to you are terminated, then all licenses granted by us to you will terminate. The following sections survive termination: Posts (Section 5), Indemnification (Section 11), No Warranties (Section 13), Limitation of Liability (Section 14), Safety Warnings (Section 15), IP Ownership – Restriction of Use – Infringement (Section 13), Arbitration Requirement & Class Action Waiver (Section 17), Governing Law and Jurisdiction (Section 18), and all general provisions (Sections 19-24).
Deletion. If any account is deleted for any reason, Posts may no longer be available and we are not responsible for the deletion or loss of those Posts. If you cancel your subscription to our classes or it is terminated for any reason, then you will not have access to the classes and related content. We may, in our sole discretion, make available Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms. Indeed, we allow persons to browse through the classes without having a subscription.
As part of the Services, we maintain a social media community that tracks and displays your activity including your participation in and results of Events, allows you to create Posts, upload photos, and comment on others activity with respect to their participation and results of Events. You can invite other users and non-users to follow your activities and allow others search for you and follow your Posts and activity, including Event participation and results.
In connection with these terms, "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service. "Posts" means any Content that users (including you) provide or otherwise are made available through the Service.
You are only able to comment on a user’s activity and Posts if the user has accepted your invite and you are connected as “friends.” You can opt-out of many of these Services and can limit who sees your Posts.
Any Posts, public or private, are the sole responsibility of the person who originated the Post. You represent and warrant that all of your Posts submitted by you or on your behalf are accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules, and regulations. You acknowledge that all Posts accessed by you through the Services is at your own risk, and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we disclaim and are not responsible for any representations, warranties, or guarantees with respect to any Posts that you access on or through the Services.
If a user has accepted your invitation to become friends through the Services, you can begin exchanging in-App direct messages or create group chats with several friends or message instructors. Usage of the direct messaging or group chats may be subject to additional terms from time to time. If you encounter issues, you can click on the question mark in the upper right hand corner of your direct message or group chat to access the FAQ’s, report and issue, or to contact us. You may also opt out of messaging by changing your privacy settings in the App, which can be found under Privacy in our App’s main menu. For more details, visit our article on direct messages and group chats.
As between you and us, you represent and warrant that you own (or have all rights necessary to grant all rights below to) all Posts that you submit or distribute through the Services and that you hereby license the Posts to us for dissemination in connection with the Services and that no other licenses are required by us from any third party or any royalties are payable by us to use, disseminate, copy or replicate such Posts. You grant us a continuing, worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your Posts for any purpose whatsoever, commercial or otherwise. In addition, you waive any so-called "moral rights" or rights of privacy or publicity in your Posts. You further grant all persons who enter, use access or otherwise view the Services permission to view, copy, disseminate and share your Posts for their personal, non-commercial purposes.
You further agree that for any purpose whatsoever we may use without compensation to you ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback or content posted or submitted in response to, as a supplement to, or in association with any other Content available on or in connection with the Services (“Feedback”), whether oral, written or video/multimedia, that you may send to us or Post. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that we have no duty to you, with respect to such Feedback. Your Feedback shall not contain confidential or proprietary information. You hereby grant us a continuing worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, modify, distribute, create derivative works based upon and otherwise exploit your Feedback for any purpose (including for marketing), without any notice, compensation or other obligation to you.
You can remove any or all of your Posts by deleting them. However, in certain instances, some of your Posts may not be completely removed, and copies of your Posts may continue to exist on the Services or through other third party media sources. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) your Posts.
When interacting with other users of the Services, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you do no t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Services, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we are not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. In addition, please be advised that we are not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place in connection with any races or other live events.
TEXTS AND MARKETING MATERIALS
By creating an account with the Services, you agree to subscribe to newsletters, marketing, promotional materials, and other information we may send. You may opt out of receiving any of these promotional communications from us by following the unsubscribe link or instructions provided in any email we may send. However, to opt out of receiving transactional emails, you must email us at firstname.lastname@example.org.
You understand that providing your phone number is optional; therefore you do not have to provide your phone number to subscribe to our Services. You are responsible for all charges and fees imposed by your wireless provider that are associated with the Text Messages. Text Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details.
Wireless carriers are not liable for delayed or undelivered Text Messages. You agree to provide us with a valid mobile number. If you get a new mobile number, it is your responsibility to update your number in your account settings.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Text Messages, any errors in such information, and/or any action you may or may not take in reliance on the information or Text Messages.
LICENSE FOR USAGE OF APPS AND THE SPARTAN WEBSITE(S)
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App and the Spartan Website on a mobile device or computer that you own or control and to run such copy of the App or the Spartan Website solely for your own personal non-commercial purposes. You may not copy the App except for making a reasonable number of copies for backup or archival purposes.
Except as expressly permitted in these Terms, you may not:
copy, modify, or create derivative works based on the App or Spartan Website;
distribute, transfer, sublicense, lease, lend or rent the App or Spartan Website to any third party;
reverse engineer, decompile, or disassemble the App or Spartan Website; or
make the functionality of the App or Spartan Website available to multiple users through any means.
We reserve all rights in and to the App or Spartan Website.
The following provisions apply to any App accessed through or downloaded from any app store or distribution platform (Apple or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
These Terms are between you and us, and not with the App Provider, and we (not the App Provider), are solely responsible for the App. The App Provider has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility, to the extent that any warranty applies. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, we will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that you are not located in a country or region that is subject to a U.S. Government embargo, or comprehensive economic sanctions, that has been designated by the U.S. Government as a terrorist-supporting country; you are not the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Services; you agree to comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and Services; you are not listed in any U.S. Government list of denied, prohibited or restricted parties, in particular the Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List; you are not an individual or associated with an entity designated under the UK's Terrorist Asset-Freezing, etc. Act 2010 (TAFA 2010); and you are not otherwise subject to or affected in any way by any national security or terrorism related rules, whether applicable to you personally or to your location or other circumstances.
You must also comply with all applicable third-party terms of service when using the App.
You agree not to do any of the following (collectively, “Prohibitions”):
Post, upload, publish, submit, or transmit any Posts or engage in any activity relating to the Services that:
infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading, or deceptive;
is defamatory, obscene, pornographic, vulgar, or offensive;
promotes or otherwise causes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
harms or exploits minors; or
promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services or any part thereof.
Use our name, trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
Access, tamper with, or use non-public areas of the Services.
Attempt to probe, scan or test the vulnerability of any portion of the Services or breach any security or authentication measures of the Services.
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us, our providers or any other third party (including another user) to protect the Services.
Bypass any territorial restrictions, including IP address-based restrictions that may be applied to the Services.
Attempt to access, scrape or search the Services or Content or download Content from the Services, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by us or other generally available third-party web browsers.
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation.
Use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs, or product name without our express written consent.
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by us, including advertising to or soliciting others.
Share passwords with any third-party or encourage any other user to do so or permit others to use your account, including taking classes.
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information.
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content.
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
Collect or store any personally identifiable information from other users or the Services without express permission from the users and us.
Copy, use, index, disclose or distribute any information or data obtained from the Services, whether directly or through third parties (such as search engines), without our express written consent.
Screen record, reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Services.
Misrepresent the source, identity, or content of information transmitted via the Services including deleting the copyright or other proprietary rights or notices from any portion of the Services.
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others.
Upload or send through the Services pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
Alter, replicate, store, distribute, or create derivatives from the Content or Posts available via the Services except as expressly permitted in writing by us.
Impersonate or misrepresent your affiliation with any person or entity or otherwise try to hide your identity.
Access, use, or exploit the Services in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with the Services.
Violate any applicable law or regulation.
Encourage or enable any other individual to do any of the foregoing.
You also agree to abide by our other policies that are disseminated as part of the Services.
We have the right to monitor usage of the Services, but not the obligation to do so, for any purposes, including operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Services and our systems. We reserve the right to remove or disable access to any Posts, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any such Posts to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We will NOT knowingly collect, use, or distribute personal information from children under the age of 13 without prior verifiable consent from a parent or guardian. We cannot, however, prohibit minors from visiting or using the Spartan Websites, Apps, and/or Spartan Social Media channels, and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software, or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov, and https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online. We do not endorse the products or services listed at this website.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR THIRD PARTY SERVICE PROVIDERS AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND COSTS THAT ARISE FROM OR RELATE TO YOUR ACTIVITIES ON OR THROUGH OR IN CONNECTION WITH THE SERVICES, ANY POSTS SUBMITTED BY OR ON BEHALF OF YOU OR YOUR VIOLATION OF THESE TERMS, AND WITH RESPECT TO ANY TERMS INCORPORATED HEREIN SUCH AS IN CONNECTION WITH SPARTAN RACES.
THIRD PARTY SOFTWARE AND APPLICATIONS
Our Services may contain links to third-party websites or services (“Third-Party Sites”) that are not owned, controlled, or endorsed by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of Third-Party Sites. We do not warrant the offerings of any Third-Party Sites. ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH THIRD-PARTY SITES, IS SOLELY AT YOUR OWN RISK. Your correspondence or business dealings with, or participation in promotions of, Third-Party Sites found on or through the Platform are solely between you and such third-party. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Third-Party Sites. We strongly advise you to read the terms and conditions and privacy policies of any Third-party Sites that you visit.
We reserve the right to modify the Services, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Services, at any time, in our sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Services. We have no obligation to screen or monitor any Content and do not guarantee that any Content available on or through the Services is suitable for all users or that it will continue to be available for any length of time.
YOU EXPRESSLY AGREE THAT USE OF SPARTAN’S SERVICES, INCLUDING, WITHOUT LIMITATION, THE USE OF AND ACCESS TO YOUR USER ACCOUNT AND/OR SPARTAN+ MEMBERSHIP IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPARTAN MAKES NO WARRANTY THAT YOUR USER ACCOUNT OR THE SITE’S SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. SPARTAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPARTAN DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON, OR PROVIDED IN CONNECTION WITH, YOUR USER ACCOUNT OR THE SITES. RELATING TO ANY POSTS OR CONTENT ACCESSIBLE THROUGH THE SERVICES; RELATING TO ANY THIRD PARTY'S USE OF YOUR POSTS; THAT THE SERVICES WILL MEET YOUR NEEDS; OR THAT WE WILL CONTINUE TO PROVIDE ANY FEATURE OF THE SERVICES. SPARTAN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR THIRD PARTY SUPPLIERS, REPRESENTATIVES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, ECONOMIC OR PURE ECONOMIC LOSSES, GOODWILL, USE, DATA, SERVICE INTERRUPTION, COMPUTER OR OTHER EQUIPMENT DAMAGE, SYSTEM FAILURE, INABILITY TO USE THE SERVICES OR CONTENT OR OTHER INTANGIBLE LOSSES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE; AND OUR AND OUR AND OUR THIRD PARTY SUPPLIERS, REPRESENTATIVES AND AGENTS' TOTAL LIABILITY TO YOU FOR ALL CLAIMS, IN THE AGGREGATE, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US OVER THE 6 MONTHS PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION DOES NOT APPLY TO YOU. TO THE EXTENT THAT ONE OR ANY ASPECT OF THE LIMITATIONS SET OUT ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER A CLASS, A RACE OR OTHER USE OF THE SERVICES AVAILABLE ON OR THROUGH THE SERVICES ARE RIGHT FOR YOU.
YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND PHYSICAL ACTIVITY AND THAT THE CLASSES OR EVENTS THAT YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING AND ENGAGING IN THE SERVICES, YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM AND RELEASE US FROM SAME AS SET FORTH BELOW.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING THE SERVICES FOR CLASSES OR RACES, AND TO DETERMINE IF AND HOW PARTICIPATING IN ANY PHYSICAL ACTIVITY, EXERCISE OR RACE IS APPROPRIATE FOR YOU. DO NOT USE CLASSES OR PARTICIPATE IN RACES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING OR ENGAGING IN PHYSICAL ACTIVITY, YOU SHOULD STOP IMMEDIATELY.
YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES OFFER FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SERVICES. THE USE OF ANY CLASSES, RACES, RECOMMENDATIONS, AND INFORMATION PROVIDED ON OR THROUGH THE SERVICES ARE SOLELY AT YOUR OWN RISK.
THE SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THEIR ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE SERVICES. NO ASSURANCE CAN BE GIVEN THAT THE CONTENT, ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.
THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS US, OUR THIRD PARTY PROVIDERS, AGENTS AND REPRESENTATIVES, EACH OF THEIR PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN ANY PHYSICAL ACTIVITY, RACES OR CLASS, OR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.
IP OWNERSHIP – RESTRICTION OF USE – INFRINGEMENT
The information and materials provided on, through, or in connection with the Services, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons, and links (collectively, the “Materials”) are owned exclusively by Spartan or its licensors, and are intended to educate and inform you about the Events and the Services. Subject to your compliance with these Terms, you may use the Materials solely for your personal, non-commercial use, provided that you do not remove any copyright or other proprietary notices contained therein. Subject to your compliance with these Terms, we grant you a limited license to use the Services and Materials for your personal use only; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Services and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Spartan. Use of the Services and Materials for any purpose other than as expressly authorized in these Terms is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
The trademarks, logos, and service marks displayed in connection with the Services (collectively the “Trademarks”) are the registered and unregistered trademarks of Spartan and Spartan’s advertisers, licensors, sponsors, suppliers, and others. The Trademarks owned by Spartan, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Spartan, in any manner that is likely to cause confusion with customers, or in any manner that disparages Spartan. Nothing contained on the Spartan Websites, Apps, and Spartan Social Media channels should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Spartan, Spartan’s licensors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Spartan will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings. You may inquire about obtaining permission by contacting us at email@example.com.
You further acknowledge that the Services contain software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All content provided to us by third parties, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and us, we own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the Services.
We respect the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their Posts do not infringe any third party's right or other intellectual property rights. If you believe that the Services or any Posts contain elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others, please comply with the below.
If you are a copyright owner or an agent thereof, and you believe that any content on the Services infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the information listed in the below in writing (see 17 U.S.C § 512(c)(3) for further detail). Upon receipt of the notice as described below, we will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services You acknowledge that if you fail to comply with all of the requirements listed below, your notice may not be valid.
DMCA Notice of alleged infringement
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Platform(s) where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.” “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
c/o Legal Department, Spartan Race, Inc.,
234 Congress Street,
Boston, MA, 02110
If you have any questions about these Terms, please contact us at: firstname.lastname@example.org
ARBITRATION AGREEMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
Initial Dispute Resolution and Notification. You and we agree that, prior to initiating an arbitration or other legal proceeding, you and we will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against us, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of our Legal Department at the address set out in Section 21 of these Terms. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”).
Your Notice to us must contain all of the following information: (1) your full name, address, username, and the email address associated with your account for the Services; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing us to disclose information about you to your attorney.
After receipt of your Notice, you and we shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor we may initiate an arbitration or other legal proceeding.
If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.
Mediation. If a dispute arises out of or relates to these Terms, or the Participant’s involvement in an Event, and if said dispute cannot be resolved or settled through negotiation, Participant, individually and on behalf of all of her/his heirs, personal representatives, executors, successors and assigns, agrees that prior to the filing of any arbitration, or other legal action consistent with the provisions of these Terms, that Participant will first attempt, in good faith, to settle the dispute by non-binding mediation administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”). The mediation shall take place in Boston, Massachusetts, and shall be facilitated by a neutral appointed JAMS. The costs of such mediation shall be shared equally by the parties thereto.
Arbitration. All controversies, disputes or claims arising out of or related to these Terms, to the extent not first resolved through negotiation and mediation, will be submitted to and for binding arbitration in front of a single arbitrator of JAMS, conducted in accordance with JAMS’ then-current General Arbitration Rules and Procedures (which shall include the applicability of JAMS’ Consumer Arbitration Minimum Standards), at the JAMS’ offices in Boston, Massachusetts. All matters related to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§1 et seq.) and not by any state arbitration law.
The arbitrator will have the right to award or include in the award any relief which the arbitrator deems proper in the circumstances, except that the arbitrator does not have the right to award exemplary, punitive, penal or multiple (e.g., double or treble) damages. The award and decision of the arbitrator will be conclusive and binding upon all parties hereto and judgment upon the award may be entered solely in the United States District Court for the District of Massachusetts. If Spartan is the prevailing party in any arbitration brought by you, you agree to reimburse Spartan for any arbitration costs and fees incurred by Spartan (except if you are resident of the State of California).
The arbitrator will not have the authority or right to add to, delete, amend, or modify the terms, conditions, or provisions of these Terms. All findings, decisions and awards of the arbitrator will be limited to the dispute(s) set forth in the written demand for arbitration (and any submitted counterclaim), and the arbitrator will not have authority to decide any other issues unless the parties to the arbitration mutually agree thereto.
Participant, individually and on behalf of all of her/his heirs, personal representatives, executors, successors and assigns, acknowledges and agrees that any arbitration will be conducted only on any individual, not a class-wide, basis (as further described below), and that an arbitration proceeding initiated by Participant and/or her/his heirs, personal representatives, executors, successors and assigns, may not be consolidated with any other arbitration proceeding. No findings, conclusions, orders or awards emanating from any arbitration proceeding conducted hereunder may be introduced, referred to, or used in any subsequent or other proceeding as a precedent, to collaterally estop any party from advancing any claim or defense or from raising any like or similar issues, or for any other purpose whatsoever. The principles of collateral estoppel shall not apply in any arbitration proceeding conducted under this section.
Further, Participant, individually and on behalf of all of her/his heirs, personal representatives, executors, successors and assigns, acknowledges and agrees that notwithstanding any provision of law which provides for a longer limitations period, neither Participant nor Participant’s heirs, personal representatives, executors, successors and assigns will bring, commence, or maintain an action or claim of any kind, in connection with liability or obligation in connection with these Terms, or otherwise, unless brought before the expiration of the earlier of: (i) one (1) year after the date of discovery of the facts resulting in such alleged liability or obligation, or if earlier, the date such facts should or could have been discovered with reasonable diligence; or (ii) eighteen (18) months after the date of the first act or omission giving rise to such alleged liability or obligation. Actions and claims brought or asserted after expiration of the applicable limitations period shall be barred.
Class Action Waiver. YOU AND WE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and we may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party. Notwithstanding this provision or any other language in these Terms, you or we may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.
Severability. If any portion of this Section 17 is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of Section 17 and all other Terms shall continue to be enforceable and valid.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in the State of Delaware, United States of America, and you consent to the jurisdiction of those courts.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay In exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Our rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without our prior written consent. We may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from us electronically. We may communicate by email or by posting to the Services. For support-related inquiries, you may email Support. For all other notices to us, write to the following addresses:
Attn: Legal Department, Spartan Race, Inc., 234 Congress Street, Boston, MA, 02110.
Nothing in these Terms or otherwise limits our right to object to subpoenas, claims, or other demands.
We may update these Terms at any time, in our sole discretion. If we do so, we will let you know by, at a minimum, posting the updated Terms on the Services and indicating as much at the top of these Terms. Modifications will be effective on the date that they are posted. It is important that you review the Terms whenever we update them before you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then you may not use the Services anymore. Because the Services evolve over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party's reasonable control and not caused by that party's fault, or negligence, including, but not limited to, "acts of nature", acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.