TERMS & CONDITIONS
SPARTAN RACE - TERMS AND CONDITIONS OF USE
This Site is not for children under 13 (“Minimum Age”). By accessing or using the Site, 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 without your parent’s or legal guardian’s permission; and (d) your access or use of the Site does not violate any applicable law or regulation.
(c) By creating a User Account, you agree: (1) that you are the Minimum Age or older; (2) you will only have one Spartan User Account; (3) to provide true, accurate and complete User Data, credit, debit or charge card numbers and expiration dates, and any other payment information; (4) to maintain and promptly update the User Data to keep it true, accurate, current and complete; (5) to grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your User Data; and (6) you are not already restricted by Spartan from having a User Account. It is a violation of this User Agreement to create a User Account with false information, or to create User Account registered on behalf of others with false information, or to create a User Account for persons under the age of 14.
(d) Spartan reserves the right to limit your use of the User Account and the Services. Spartan reserves the right to restrict, suspend, or terminate your User Account if you breach any of the terms of this User Agreement or the law.
(e) 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 races and trifectas, including the number of races, number of obstacles completed, total distance completed, total duration); (vi) history of race results (including the name, location, date, and type of each completed race, as well as the results from each such completed race; and (vii) for Spartan+ User Accounts only, any “Challenges” and “Trophies” you have earned in connection with completed races. Other User Account users will also be able to “follow” your Profile Page, and “like” certain accomplishments that you have earned.
(f) Termination of User Account. Spartan may terminate you rights and access to your User Account at any time with notice. Upon termination, you lose the right to access and use your User Account and certain applicable Services. You may close your User Account at any time by contacting email@example.com.
(g) Dos and Don'ts
You agree that you will:
● Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and regulatory requirements; and
● Provide true, accurate and complete information.
You agree that you will not:
● Create a false identity in your User Account, misrepresent your identity, create a User Account profile for anyone other than yourself (a real person), or use or attempt to use another’s User Account;
● Develop, support, or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
● Override any security feature or bypass or circumvent any access controls or use limits of the User Accounts;
● Copy, use, disclose or distribute any information obtained from your User Account or the Services, whether directly or through third parties (such as search engines), without the consent of Spartan;
● Disclose information that you do not have the consent to disclose (such as confidential information of others);
● Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the User Account or any related technology that is not open source;
● Rent, lease, loan, trade, sell/re-sell or otherwise monetize the User Account or related data or access to the same, without Spartan’s consent;
● Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
● Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
● Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and
● Violate any additional terms concerning the User Account or a specific Service that are provided when you create or start using a User Account or other such Service.
(a) Event Purchases: Your purchases on the Site 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.
(b) 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.
i. 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.
ii. 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 are charged shall be 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.
iii. 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.
iv. Trifecta or Season Pass. If you purchase a Trifecta Pass or Season Pass through the Site, you will be automatically granted access to a Spartan+ Membership at no additional charge. The Membership Period will begin at the time you complete the purchase of a Trifecta Pass or Season Pass, and will end on December 31 of the then-current calendar year (e.g., if you purchase a Season Pass on February 1, 2021, the Membership Period will end at 11:59:59 pm PT on December 31, 2021). The Membership Period in connection with a Pass Membership will not automatically renew.
v. 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).
vi. 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.
viii. 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.
CODE OF CONDUCT
By using the Services, you agree to comply with the Spartan Code of Conduct (https://race.spartan.com/en/about/code-of-conduct).
You agree that any submission of any ideas, suggestions, feedback, and/or proposals to Spartan through its suggestion, feedback, wiki, forum, or similar pages (“Submissions”) is at your own risk and agree that: (a) your Submissions do not contain confidential or proprietary information;
(b) Spartan is not under any obligation of confidentiality, express or implied, with respect to the Submissions;
(c) Spartan shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide;
(d) Spartan may have something similar to the Submissions already under consideration or in development;
(e) your Submissions shall automatically become the property of Spartan without any obligation of Spartan to you; and
(f) you are not entitled to any compensation or reimbursement of any kind from Spartan under any circumstances.
IP OWNERSHIP – RESTRICTION OF USE
(b) The Site, including all Site software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works and any intellectual property and other rights relating to or contained in the Site) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Spartan and will remain the exclusive property of Spartan. You acknowledge that the Site is protected by copyright, trademark, and other laws. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials. You shall not challenge, contest, or otherwise impair Spartan’s ownership of the Site and the content therein.
(c) The trademarks, logos, and service marks displayed on the Site (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 Site 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 firstname.lastname@example.org.
(b) You shall be solely responsible for your own User Generated Content and the consequences of Spartan (or the Licensed Parties, as defined below) posting, publishing or otherwise distributing such content. You shall not submit any User Generated Content anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.
(c) Unless you enter into a separate written agreement with Spartan, Spartan does not claim ownership in User Generated Content you submit; however, by submitting the User Generated Content to Spartan, you hereby waive any and all moral rights in connection with the User Generated Content and you automatically grant Spartan and its parents, subsidiaries, directors, officers, employees, affiliates, related companies, agents, licensees, sublicensees, sponsors, brand partners, production partners, social media platforms, contractors, successors, legal representatives, assigns, third-party service providers and their respective brand partners, marketing or public relations agencies and other affiliates (each, a “Licensed Party” and collectively, the “Licensed Parties”) a perpetual, worldwide, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right and license to use, reproduce, distribute, sub-license, modify, create derivative works of (including without limitation, to rename, edit, shorten, if video – split the videos into different segments, and use the entire User Generated Content or segments thereof), publish, transfer, transmit, publicly display, publicly perform, host, index, cache, tag, encode, and/or adapt the User Generated Content in any and all media formats and channels, including, but not limited to, all social media accounts and webpages owned or operated by Spartan (including the advertisement and promotion thereof), third party licensee websites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant the Licensed Parties the right to contact you in connection with your User Generated Content and to use your name, social media username or handle, city and state or province and other information that you have provided in connection with the User Generated Content. For the avoidance of doubt, any use of the User Generated Content (including your name and likeness in connection therewith) by the Licensed Parties does not need to be submitted to you for any approval for use at any time.
(d) By submitting User Generated Content on or through Site, you affirm, represent, and/or warrant that:
i. you own or have the necessary licenses, rights, consents, and permissions to upload, use and authorize the Licensed Parties to use all patent, trademark, trade secret, copyright, and other proprietary rights, including privacy and publicity rights, in and to any User Generated Content to enable inclusion, distribution and use of the User Generated Content in the manner contemplated by the Licensed Parties and these UGC Terms;
ii. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Generated Content to use the name or likeness of each and every such identifiable individual person to enable inclusion, distribution and use of the User Generated Content in the manner contemplated by the Licensed Parties and these UGC Terms;
iii. the User Generated Content is your own original work and that you own or control the necessary rights to enable inclusion, distribution and use of the User Generated Content in the manner contemplated by the Licensed Parties and these UGC Terms;
iv. you are not a minor, or you are the parent/guardian of all minors depicted in your User Generated Content, if any;
v. you have the full right, power, and authority to grant the rights described in these UGC Terms;
vi. the User Generated Content does not in any way violate any laws, rules, or regulations,
vii. the User Generated Content is not in any way derogatory, abusive, defamatory, invasive of privacy or publicity rights, harmful to children, vulgar, profane, lewd, obscene, offensive, pornographic, threatening, harassing, violent, racist, or hateful, nor does it encourage conduct that would be considered a criminal offense, or give rise to civil liability;
viii. the User Generated Content does not violate or infringe upon the rights of any person or entity whatsoever;
ix. the User Generated Content is not an endorsement, express or implied, of any party, product, or other entity;
x. you have not received payment or consideration of any kind for submitting the User Generated Content on or through Site; and
xi. the User Generated Content is for public consumption and is not confidential in any manner.
(e) The Licensed Parties do not permit the infringement of intellectual property rights, including copyright, and will remove User Generated Content (and any other content) if properly notified that such Content infringement on another’s intellectual property rights. The Licensed Parties reserve the right to remove User Generated Content (and any other content) without prior notice.
(f) The Licensed Parties do not and cannot now or in the future review all User Generated Content submitted and are not responsible for any User Generated Content submitted by you or others on or through the Site. The Licensed Parties do have the right (but not the obligation) to review, screen, delete, edit and/or move any User Generated Content that they deem, in their sole discretion, to be in violation of these UGC Terms or for any other reason.
(g) The Licensed Parties are not responsible or liable for any User Generated Content submitted by you or any third party on or through the Site. Spartan does not verify the accuracy of statements that users make or place on or through the Licensed Parties and does not guarantee that any User Generated Content has been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these UGC Terms.
(h) You hereby fully release, discharge, and agree to hold the Licensed Parties, and any person or entity acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Generated Content and your name and/or likeness. You agree to indemnify the Licensed Parties for any and all loses resulting from your violation of the UGC Terms, including without limitation, your violation of any representation and warranty under set forth these UGC Terms.
(i) Spartan reserves the right to modify these UGC Terms from time to time without notice to you. You are responsible for regularly reviewing these UGC Terms so that you will be apprised of any changes.
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 our Site 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.
SOFTWARE US EXPORT
The Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.
Spartan may give notice to persons with User Accounts and to general users of the Site by means of a general notice on the Site, electronic mail to your e-mail address, or by written communication sent by first class mail to a user's address if on record in the User Account information. All notices from you to Spartan either must be sent by mail to ATTN: User Account Notice, Spartan Race, Inc., 234 Congress Street, Boston, MA, 021110, or by email to email@example.com, and such notices will be deemed received the next day if sent via email, overnight mail or courier, or three (3) days after deposited in the mail if sent by certified or registered mail.
DISCLAIMERS – INDEMNITY – LIMITATIONS OF LIABILITY
(a) RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE THE LICENSED PARTIES FROM ALL CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE.
(b) NO WARRANTY. DISCLAIMER OF WARRANTIES. 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. SPARTAN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION
For general inquiries, you may contact us at firstname.lastname@example.org.
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.