Xchange Sport & Event AG with capital of 50.000 euros.
Landstrasse 38, 9490 Vaduz, Liechtenstein
Register of Commerce and Companies of Liechtenstein
No. FL-0002.576.962-1 | VAT No. CHE 208.056.407
General conditions of sales on www.spartanrace.es
Date last updated on 26.08.2020
Article 1 Purpose
The present conditions govern the sale by the company Xchange Sport & Event AG for the registration fee for a Spartan Race event in Western Europe and other related services such as race insurance, medal engraving, merchandising, travel, hotels or partner products. These general terms and conditions are also applicable if purchases are made via third party platforms (e. g. www.maxfunsports.com).
Article 2 Price
The prices of our products are indicated in Euros including all taxes (VAT and other taxes applicable on the date of the order), unless otherwise indicated and except for service fees, banking and card fees. These fees are calculated based on the total amount of the purchase including VAT. The amounts for these fees will be added to the total amount of the order before payment.
Article 3 Orders
The customer can order only by Internet: www.spartanrace.es redirecting on selling platform www.maxfunsports.com. Contractual information is presented in Spanish or English and will be confirmed at the latest at the time of checkout (without prejudice to the provisions of Article 14). The company Xchange Sport & Event AG reserves the right not to accept payment, and not to confirm an order for any reason whatsoever, and particularly in the event of supply problems, or in case of difficulty concerning the order received. The customer acknowledges and agrees that Xchange Sport & Event AG may change the sales platform at any time and without notification of the customer. In case of a change of the sales platform, the customer hereby gives his/her consent to the migration of his customer data to another platform. The selection of the sales platform as well as the subsequent selection of another platform is at the sole discretion of Xchange Sport & Event AG.
Article 4 Validation of order
Any order appearing on the website spartanrace.es implies acceptance of these Terms and Conditions. Any confirmation of order implies the customer’s full acceptance of these terms of sale without exception or reservation. All data provided, and recorded confirmations have the force of proof of the transaction. The customer declares to have comprehensive knowledge of the terms and conditions. The order confirmation has the force of signing and acceptance of transactions. A summary of the order information will be sent via e-mail on confirmation of the order.
Article 5 Payment
The fact to validate of an order means the obligation to pay the quoted price. The payment method of purchases depends on the country. All Spartan races are conducted through the MaxFun registration platform (without prejudice to the provisions of Article 3). The payment is debited once the order is confirmed. The customer receives an order confirmation and a confirmation of the order. The unauthorised reversal of a payment to XChange Sport & Event AG or to one of its partners by the customer’s bank for a confirmed order is not permitted. If a reversal of a payment is made without the consent of Xchange Sport & Event AG, a contractual penalty of 50% of the purchase price – in addition to the original purchase price – must be paid.
Article 6 Withdrawal
Xchange Sport & Event AG reserves a general right to postpone, cancel or modify events in its sole discretion. This right to postpone, cancel, or modify the event especially applies to – but is not limited to – situations where weather conditions are unfavourable (e. g. heat, rain or snowfall, hail, thunderstorms, storms and any other weather phenomena, possibly only local) or any other factor beyond the control of Xchange Sport & Event AGthat might negatively affect the well-being, the health and/or safety of the participants; in particular when epidemics or pandemics are identified by the World Health Organisation and/or national or local authorities (e.g. Covid-19). The purchase of an entry ticket for a Spartan Race event is generally non-refundable and non-transferable; including but not limited to situations where Xchange Sport & Event AG decides to postpone, cancel or modify events in its sole discretion or an event cannot be held due to force majeure or due to official orders (e.g. natural disasters, pandemic or epidemic situations, any kind of official event bans, etc.). In case of a cancellation or postponement (postponement shall be defined by changing the date of the Spartan Race event by more than 36 hours) of a Spartan Race event that is scheduled for the calendar year of 2021 (Date of the Spartan Race event between 01.01.2021 and 31.12.2021), Xchange Sport & Event AG will provide the customer with a non- transferable voucher for a race entry ticket for another Spartan Race event. This voucher for a race entry ticket shall be redeemable by the customer for a Spartan Race event of the same format (the format shall be defined by the distance of the race and the participant category) in the same country in 2021, or for the 2022 edition of the cancelled event of 2021 in 2022.
Article 7 Eventual Deferrals
Xchange Sport & Event AG can offer at its sole discretion non-mandatory options that allow the customer to defer its entry ticket to another person or another event. The customer is aware and acknowledges that he/she has no legal claim to a deferral. Xchange Sport & Event AG explicitly reserves the right not to deferrals for any reason. The procedure for deferrals will be defined on the website www.spartanrace.es as well as the terms and costs for deferrals. Xchange Sport & Event AG reserves the right to define and/or update terms and cost for deferrals any time. The present terms and conditions apply also for the booking of a deferral. In the event of transfer to another person, the first buyer undertakes to indemnify and hold harmless Xchange Sport & Event AG if the latter does not – for whatsoever reasons – agree/not legally effective agree to these Terms and Conditions or has not agreed/not legally effective agreed to the Waiver. The first buyer is liable to Xchange Sport & Event AG for the fact that the person who takes over the ticket fulfills his/her payment obligations to Xchange Sport & Event AG. In any case, Xchange Sport & Event AG reserves the right to refuse the person who receives an entry ticket transferred under a deferral without giving reasons and without compensation to the first buyer.
Article 8 Responsibilities and image rights
By confirming the order the customer state to fully understand the risks and exceptional circumstances relating to the participation in such a sporting event:
•The customer grants full permission to the Releases for the use of photographs, images, videos, photos of movement, recordings or any other record of activities forming part of the Events in any legitimate purpose, in perpetuity, and that there will be no compensation in return.
•The customer grants the free permission for publication of film, video and recording of the performance regarding the event and subsequently dissemination and use of the same media for free in the way that the Releases deem appropriate. This authorization shall include the unlimited right to charge the appropriate use by Released Parties of the customer name, nickname, image, voice, photo, facsimile signature and biographical information as part of the event. The customer acknowledges that Released Parties and their representatives have the unlimited right in the universe of copyright to use, reuse, publish, republish, diffuse and otherwise distribute all or part of the event where the customer may appear on radio, network, cable and local television programs and in all print materials and in any other format or media (including electronic media) now known or hereafter developed in perpetuity and without compensation. In return and in exchange for permission to attend the event, the customer undertakes and agree not to sue Releases for all current and future complaints regarding the customer’s participation in the events, which can be made by the customer, her/his family, the heirs of the customer’s estate, or assigns.
•By registering for the race, the customer agrees to comply with all the rules of the event that are available on the website. You will receive a timing chip for the race, and the customer acknowledges that the customer must wear this as shown under sanction of disqualification. You are aware that the customer must return the timing chip to the organizers after the race. In case the customer would not be able to return this timing chip, the customer realize that the organizer is entitled to charge the customer the price of it.
Article 9 Liability
The Waiver/Disclaimer signed by the customer/purchaser in the process of the ticket purchase is an integral part of these Terms and Conditions.
Article 10 Applicable law in case of disputes
These Terms and Conditions are subject to Liechtenstein Law. In case of dispute, the Liechtenstein courts will have jurisdiction. The parties may also assert claims before any other competent court.
Article 11 Intellectual Properties
All elements of the site www.spartanrace.es are and remain the exclusive intellectual property of Xchange Sport & Event AG. No one is allowed to reproduce, use, repost, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or sound. Any single link or hyperlink is strictly prohibited without the express written consent of the company Xchange Sport & Event AG.
Article 12 Personal data
The company Xchange Sport & Event AG reserves the right to collect personal information and personal data. They are necessary to manage the customer’s order and to improve services and information we send the customer. They can also be sent to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data are also stored for security purposes, to meet legal and regulatory obligations. According to the law, the customer has a right of access, rectification and opposition to personal information and personal data about the customer, directly on the website. Xchange Sport & Event AG complies with EU and national law on how we collect and secure data. Xchange Sport & Event AG have the right to use these data for marketing purposes, but not public allay presents them or give them to other parties other than for the execution of the event.
Article 13 Evidence Archiving
The company Xchange Sport & Event AG shall archive purchase orders and invoices on a reliable and durable support as a true copy. All parties will consider the records of the company Xchange Sport & Event AG as proof of communications, orders, payments and transactions between the parties.
Article 14 Insurances
Spartan Race is a risky event (see also Waiver as mentioned in Article 8). You must be insured in the best possible way. As Spartan Race does not belong to any sport federation, sport licenses are not valid for individual insurance purpose during our events. We are proposing the customer an individual accident insurance and medical transfer insurance in order for the customer to be sure to be insured for any accident that will not fall into the organizer responsibility. This is not mandatory, but it is on the customer’s personal responsibility to check that the customer have all requested insurances in place with the customer personal private insurances regarding individual accident purpose or medical transfer purpose for this kind of events. The organizer could not be asked for any financial fee link to those issues. This insurance is accessible during the registration process and it is non-transferable and non-refundable.
Article 15 Regulations
Spartan Race as a sport event has regulations that apply during the race. By participating in this event, the customer acknowledges to have read and accepted those regulations that are enforcing the customer’s behaviourand participation to this event. Regulations are accessible during the registration process, on the website and sent to the customer via email prior to each race.
Article 16 Interpretation
The present terms as well as other contractual information are available both in English and Spanish. In any case of inconsistencies, between the Spanish and English version, the Spanish version shall prevail.
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.