SPARTAN RACE - TERMS OF USE
Please carefully read these terms and conditions of use (“Terms of Use”) that are made and entered into by and between you and Spartan Race, Inc., and its parents, subsidiaries, affiliates and/or licensed entities, including but not limited to, Spartan Race UK Operations Limited; Spartan Race (Canada), LLC; and Spartan Trail Holdings, LLC (“Spartan”, “we”, “us”, and “our”). These Terms of Use apply to: (i) your access to and use of all websites that are owned or operated by Spartan, including all mobile versions, associated applications, and all social networking service pages and applications (collectively, the “Site”); and (ii) your access to, use of, or purchase of the products and services available on the Site (the “Services”). “You” or “your” refers to you, a user of the Site, or the parent or legal guardian if such user is a minor in their jurisdiction of residence. Your access to and use of the Site is subject to the following Terms of Use, which for the avoidance of doubt shall incorporate all other separate terms and conditions referenced herein (e.g., the Terms of Purchase, Privacy Policy, etc.), and all applicable laws. By accessing and using this Site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to these Terms of Use (including the Privacy Policy) will mean you accept those changes and that such changes shall apply to your use of the Site after such changes have been posted.
ELIGIBILITY
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.
REGISTRATION/USER ACCOUNT
You may browse the Site and view content without registering, but as a condition to using certain aspects of the Site, including without limitation your registration for any Event (as defined below), you may be required to register with Spartan by creating a user account (“User Account”). You agree that by clicking “Join” (or similar function), by creating and registering for a Spartan User Account, and by accessing and using the User Account and the applicable Services included with such use, you agree to enter into a legally binding contract with Spartan. By entering into this contract with Spartan, you are subject to, and thereby assent to, these Terms of Use (including without limitation this Section 2, and all other applicable terms and conditions as referenced herein (e.g., the Privacy Policy)). If you do not agree to the terms herein, do not open and/or register for a User Account. This User Agreement shall apply to all User Accounts created on all applicable Spartan Sites. There is no sign-up fee in connection with your creation of your User Account, unless you also sign-up for a Spartan+™ Membership as described in more detail below under Section 3(b) of these Terms of Use.
As between you and others, your User Account belongs to you. To create a User Account, you will create login credentials by selecting a password and providing an e-mail address, and you will be requested to provide certain information about yourself as prompted by the registration form, or as later prompted on the Site, including without limitation, your full name, date of birth, and email address, as well as a profile picture, and your race photos (“User Data”). By creating a User Account, you agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your User Account; (3) comply with the law; (4) comply with our Privacy Policy and; (5) follow our list of “Dos and Don’ts” below. You are responsible for anything that happens through your User Account (whether or not authorized by you) unless you close it or report misuse. To the extent permissible by law, we are not liable for any harm caused or related to the theft or misappropriation of your username or password due to your failure to take reasonable measures to maintain the confidentiality of your registration, your disclosure of your username or password, or your authorization of anyone else to use your username or password. If you have reason to believe that your registration is no longer secure, you must promptly change your password to the Site and immediately notify us of the problem by contacting us at us@spartan.com. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.
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.
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.
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.
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 us@spartan.com.
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);
Violate the intellectual property or other rights of Spartan as described below under these Terms of Use;
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.
PURCHASES
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.
Spartan+ Membership: Spartan+ is a paid membership User Account (the “Spartan+ Membership”) that grants you access to world-class coaching, our best content, exclusive discounts, and digital events (“Spartan+ Benefits”). A Spartan+ Membership is an automatically renewing paid membership requiring recurring payments. Spartan+ Memberships can be purchased for either a one-year period (“Yearly Membership”), or on a month-to-month basis (with a minimum six-month initial period (“Monthly Membership”), or for a period of time as described below in connection with the Trifecta Pass or Season Pass purchase (“Pass Membership”) (the period of time during the Yearly Membership, the Monthly Membership, or the Pass Membership, the “Membership Period”). The terms and conditions for the User Account under Section 2 shall also apply to the Spartan+ Membership.
Additional Information. For detailed information about what is included in the Spartan+ Benefits, please click here. For other applicable information about Spartan+, please visit our FAQs.
Membership Fee and Payment. Spartan+ is offered for a fee (“Membership Fee”) payable at the start of the Membership Period. Depending on the conditions as stated when you register for Spartan+, including whether your select a Yearly Membership or a Monthly Membership, the initial Membership Fee you shall be charged in the amount as stated on the Spartan+ sign-up page. If you sign up for the Yearly Membership, you will be required to pay the Membership Fee at the time you sign-up, and, unless you cancel pursuant to these terms and conditions, the Membership Fee shall automatically be charged to you exactly one-year from the time you initially signed up. If you sign up for the Monthly Membership, you will be required to pay the first month’s Membership Fee at the time you sign-up, and then billed monthly thereafter on the same calendar day each month (e.g., February 1, March 1, April 1, etc.), or if calendar day you purchased does not recur each month, then on the last day of the month (i.e., March 31, April 30, May 31, etc.). We reserve the right to modify the Membership Fee at any time prior to your initial, or next recurring, payment of the Membership Fee. By signing up for Spartan+ and providing Spartan with your payment account information, you agree that: (a) you will be charged your first Spartan+ Membership Fee and any applicable taxes on the date you purchase your Spartan+ Membership; (b) you authorize Spartan and its service providers to store your payment method for the purpose of executing future Spartan+ auto-renewal transactions; (c) UNLESS YOU CANCEL IN ACCORDANCE WITH THE REQUIREMENTS IN THE “CANCELLATION” SECTION BELOW, BY DEFAULT (AND WITH PRIOR NOTICE ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SPARTAN+ MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT MEMBERSHIP PERIOD, AND (D) AT THE TIME OF RENEWAL, SPARTAN WILL AUTOMATICALLY CHARGE THE THEN-CURRENT SPARTAN+ MEMBERSHIP FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file in order to help prevent any interruption to your Spartan+ Membership. If you need to change your billing address, name, or payment method first sign-in to your User Account. Then, go to your account settings and make the necessary changes and click save.
Third-Party Payment Processors. You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
Trifecta or Season Pass. If you purchase a Trifecta Pass or Season Pass through the Site, you will receive a fifty percent (50%) discount opportunity on the purchase of one-year Spartan+ Membership. The discount will be issued in the form of a promotional code that is valid for 50% of the Membership Fee (“Spartan+ Code”). The initial Membership Period will be valid for a one-year period that begins at the time you complete the purchase of the Spartan+ Membership using the supplied Spartan+ Code. Only Trifecta and Season Pass passholders will be permitted to use a Spartan+ Code, if you are not a Trifecta and Season Pass passholders do not purchase a Spartan+ Membership with a Spartan+ Code. Spartan+ Codes will only be valid for one Spartan+ Membership per person per email. Spartan reserves the right to cancel any Spartan+ Membership that is (but not limited to) purchased with a Spartan+ Code by an individual that is not a Trifecta and Season Pass passholder, without any liability to Spartan, and without any right by you to receive any refund or credit (in whole or part). The Membership Period in connection with a Pass Membership will automatically renew following the initial one-year Membership Period, at the then advertised annual Membership Fee. All other terms and conditions under this Section 3(b) shall apply.
Cancellation. You can cancel your Spartan+ Membership at any time during your Membership Period by logging into your User Account and selecting cancel under the settings (account.spartan.com/settings). You must cancel at least one (1) calendar day before the next-scheduled Membership Period renewal date to avoid being charged for the next Membership Period (e.g., if renewal date is February 1, you must cancel by 11:59:59 pm PT on January 31). If you cancel your Spartan+ Membership within ten (10) days for a Yearly Membership (or three (3) days of a Monthly Membership) from the beginning of your initial Membership Period, you will receive a full refund of the Membership Fee (less any credit card or other processing fees that may have been charged at the time of purchase). If you cancel your membership after the first ten (10) days of your Membership Period, the Membership Fee will not be refunded, however you will continue to receive all Spartan+ Benefits for the remainder of the Membership Period (if you cancel a Monthly Membership during the initial 6-month minimum Membership Period, you will continue to receive all Spartan+ Benefits for the remainder of the initial 6-month minimum period).
Updates and Changes. The Spartan+ fees and benefits may change in the future. If Spartan changes the Membership Fee charged for a Spartan+ Membership, Spartan will notify you and provide you with the opportunity to change or cancel your membership before it is renewed for another Membership Period. Your continued use of (and failure to timely cancel) the Spartan+ Membership after such change becomes effective will constitute your acceptance of the increased Membership Fee. If you do not wish to continue subscribing to Spartan+ with the new fees, you may cancel your Spartan+ Membership in accordance with the “Cancellation” terms and conditions above. Any Spartan+ Membership will be subject to the terms and conditions in effect at the time you sign up or renew for a new Membership Period.
No Transfer or Assignments & Cancellations by Spartan. Your Spartan+ Membership cannot be transferred or assigned. Spartan reserves the right to accept, refuse, suspend, or cancel your Spartan+ Membership at any time in its sole discretion. If Spartan cancels your Spartan+ Membership, you will receive a refund of your Membership Fee on a pro rata basis calculated from the end of the month during which your membership was cancelled, unless Spartan terminates your User Account or your Spartan+ Membership because it determines, in its sole discretion, that your actions or your use of the Spartan+ Benefits, the Services violates the Terms of Use.
Spartan Plus Ticket Protection Program. Where You are a Spartan Plus member at the time of purchase of any registration for an Event and remain a Spartan Plus member through the date of the Event purchased (or as of the date of cancelation or rescheduling) (“Qualified Member”), You will be automatically refunded the purchase price paid for that Event (inclusive of service fees and taxes paid) where that Event is cancelled by Spartan for any reason. Where Spartan reschedules an Event for a Qualified Member, Spartan will refund the purchase price of that rescheduled Event upon request by the Qualified Member made in writing no later than 60 days from the date that the Event was originally scheduled. Any claims for refunds by Qualified Members for rescheduled Events occurring after the 120-day window will not be refunded by Spartan and Spartan has no obligation to provide any substitute benefit or renumeration in that instance. Where a Qualified Member elects to receive a refund of fees paid for a rescheduled Event, Spartan will cancel all Event registrations related to that rescheduled Event held by the Qualified Member at the time the request for refund is made. Where a Qualified Member (or any Event participants with an Event registration purchased by the Qualified Member) attend or otherwise participate in the rescheduled Event, Spartan will have no obligation to refund any Event registration fees to the Qualified Member. All refunds will be paid to the Qualified Member purchasing the Event registration(s) including where such Qualified Member has purchased multiple Event registrations on behalf of him/herself and others. Only a Qualified Member that has directly purchased an Event registration for a rescheduled Event may request a refund of fees paid. All refunds under this section will be made in totality by Spartan and Spartan will not provide “partial” refunds or refunds of select Event registrations under this program. Where a Qualified Member purchases an Event registration eligible for a refund through a third-party Event registration provider (e.g. Groupon), Groupon will refund the fees paid by the Qualified Member in lieu of Spartan. SEASON PASS HOLDERS ONLY: Where a Qualified Member is a Season Pass holder and registers for an Event that is cancelled, Spartan will only refund the fees paid by the Season Pass holder for the cancelled Event and not for the underlying cost of the Season Pass.
Unbreakable Pass: The Unbreakable Pass (“Unbreakable Pass”) is an event pass and digital non-fungible token (“NFT”) that grants the holder of the Unbreakable Pass (“Passholder”) access to over 450 Spartan owned, operated and licensed Events worldwide in 45+ countries without the need to pay the standard Event Registration Fee applicable to each Event your register for, as well as access to and the ability to enjoy many other benefits and perks. The Unbreakable Pass will be subject to “Unbreakable Pass Terms and Conditions”. Prior to your purchase of an Unbreakable Pass, please refer to and review such terms and conditions made available at purchase, and as published on the Unbreakable Pass webpage.
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).
SUBMISSIONS
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:
your Submissions do not contain confidential or proprietary information;
Spartan is not under any obligation of confidentiality, express or implied, with respect to the Submissions;
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;
Spartan may have something similar to the Submissions already under consideration or in development;
your Submissions shall automatically become the property of Spartan without any obligation of Spartan to you; and
you are not entitled to any compensation or reimbursement of any kind from Spartan under any circumstances.
IP OWNERSHIP – RESTRICTION OF USE
The information and materials provided on or through the Site, 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 offered or described on the Site. Subject to your compliance with these Terms of Use, 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 of Use, we grant you a limited license to use the Site 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 Site 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 Site and Materials for any purpose other than as expressly authorized in these Terms of Use is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
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.
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 us@spartan.com.
USER GENERATED CONTENT
Spartan, by and through its ownership and operation of the Sites, now or in the future may permit you to submit or publish content, including without limitation, videos, images, textual content, or other content submitted by you and other users (including without limitation, by and through your User Account and/or Spartan+ Membership User Account) (collectively, “User Generated Content”). By submitting User Generated Content, you agree to abide by these User Generated Content terms and conditions under this Section 7 (“UGC Terms”).
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.
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.
By submitting User Generated Content on or through Site, you affirm, represent, and/or warrant that:
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;
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;
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;
you are not a minor, or you are the parent/guardian of all minors depicted in your User Generated Content, if any;
you have the full right, power, and authority to grant the rights described in these UGC Terms;
the User Generated Content does not in any way violate any laws, rules, or regulations,
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;
the User Generated Content does not violate or infringe upon the rights of any person or entity whatsoever;
the User Generated Content is not an endorsement, express or implied, of any party, product, or other entity;
you have not received payment or consideration of any kind for submitting the User Generated Content on or through Site; and
the User Generated Content is for public consumption and is not confidential in any manner.
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.
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.
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.
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.
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.
MOBILE TEXT MESSAGES
By providing your mobile number and opting into text notifications, you agree to receive automated mobile text messages from Spartan Race, Inc. (including our affiliates, “Spartan”) about our products and services (including exclusive offers and promotions), at the mobile phone number you provided when you subscribed. The messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring, but will not exceed 6 text messages per month. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, UNSUBSCRIBE, CANCEL or QUIT to opt-out, and HELP for customer support. You will receive an additional text message confirming your decision to opt-out. You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out. Spartan is committed to protecting your privacy; you can access our Privacy Policy.
LINKS
The Site contains links to other websites that may not be owned or operated by Spartan. The fact that Spartan may link to those websites does not indicate any approval or endorsement of those websites. Spartan has no control over those websites, and therefore Spartan is not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk, and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.
PARENTAL CONSENT
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.
PROMOTIONS
In addition to these Terms of Use, any sweepstakes, contests, games, or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth under these Terms of Use. Spartan urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion. We also urge you to review our Privacy Policy, which, in addition to these Terms of Use, governs any information you submit in connection with such activities. To the extent such rules conflict with these Terms of Use, such rules shall control with respect to the particular Promotion.
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.
NOTICE
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 us@spartan.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.
TERMINATION
These Terms of Use shall remain effective until terminated as set forth herein. Spartan may immediately terminate these Terms of Use or any Services with respect to you, or generally cease offering or deny access to the Services (including without limitation access to your User Account, or Spartan+ Membership) or any portion thereof, at any time for any reason. You agree that any termination of your access to or use of the Site may be affected without prior notice, and that Spartan may immediately deactivate or delete your password, User Account, and/or User Data, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that Spartan shall not be liable to you or any third party for any termination of your access to the Site or Services, or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Any rights and obligations under these Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.
DISCLAIMERS – INDEMNITY – LIMITATIONS OF LIABILITY
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.
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.
INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LICENSED PARTIES FROM ALL CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, OR ANY VIOLATION BY YOU OF ANY THESE TERMS OF USE.
LIMITATION OF LIABILITY. SPARTAN SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPARTAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, SPARTAN WILL NOT BE RESPONSIBLE FOR (A) THE USE OR THE INABILITY TO USE THE SITES, SPARTAN PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY SPARTAN; (D) PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SPARTAN SITES; (G) ANY OTHER MATTER RELATING TO THE SITES, OR SPARTAN PRODUCTS OR SERVICES. YOU AGREE THAT SPARTAN’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SPARTAN FROM YOU. NOTHING IN THESE TERMS OF USE SHALL BE CONSTRUED AS LIMITING OR EXCLUDING SPARTAN'S LIABILITY FOR: FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THESE TERMS OF USE.
DISPUTE RESOLUTION
Mediation. If a dispute arises out of or relates to these Terms of Use, or the Participant’s use of the Site, 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 of Use, that Participant will first attempt, in good faith, to settle the dispute by non-binding mediation administered by the American Arbitration Association. The mediation shall take place in Boston, Massachusetts, and shall be facilitated by a neutral appointed by the American Arbitration Association. 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 of Use, 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 the American Arbitration Association, conducted in accordance with the American Arbitration Association’s then-current Consumer Arbitration Rules, at the American Arbitration Association’s 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. The arbitrator will not have the authority or right to add to, delete, amend, or modify the terms, conditions, or provisions of these Terms of Use. 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, 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 of Use, 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.
GOVERNING LAW
These Terms of Use, and any dispute with respect thereto, shall be governed by and construed in accordance with the laws of the State of Delaware (regardless of the laws that might otherwise govern under applicable Delaware principles of conflicts of law).
PRIVACY POLICY
By using the Services, you agree to be bound by these Terms of Use and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated in these Terms of Use by reference.
SEVERABILITY
If any term of these Terms of Use is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
CONTACT US
For general inquiries, you may contact us at us@spartan.com.
