User Agreement
1.0 Introduction
1.1 User Agreement
You agree that by clicking “Sign Up” (or similar), and by creating and registering for a Spartan user account (“User Account”), and accessing and using the User Account and the services included therewith (“Services”) you are agreeing to enter into a legally binding contract with Spartan Race, Inc. (“Spartan”), and shall be subject to, and thereby assent to, the following terms and conditions (including our Privacy Policy) set forth below. If you do not agree to this contract (“User Agreement”), do not open and/or register for a User Account. If you wish to terminate this contract, at any time you can do so by closing your User Account.
You are entering into this User Agreement with Spartan (also referred to as “we”, “us”, and “our”). This User Agreement shall apply to all User Accounts setup on all applicable Spartan websites, including without limitation, spartan.com, spartanrace.uk, and spartanrace.ca (the “Site(s)”)
1.2 Privacy Policy
By creating, opening, registering for, using and/or accessing a User Account, the collection, use and sharing of your personal data is subject to our Privacy Policy (which includes our Cookie Policy) as well as any changes, updates or modifications thereto as set forth in Section 1.3 below.
1.3 Change
We may modify this User Agreement or our Privacy Policy from time to time, therefore please periodically review them. If we make material changes to it, we will provide you notice. Your continued use of User Account after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date. If you object to any changes, you may close your User Account.
2.0 Obligations
2.1 Eligibility
By creating a User Account, you agree that: (1) you are the “Minimum Age” (defined below) or older; (2) you will only have one Spartan User Account; (3) you will provide true, accurate and complete information about yourself as prompted by the registration form or as later provided by you ("Registration Data") including without limitation, your real full name, date of birth, and email address, and a profile picture; (4) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (5) 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.
“Minimum Age” means 14 years old. Individuals under the age of 14 shall not be permitted to create a User Account. If you create a User Account, you represent that you are 14 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent, legal guardian. However, if law requires that you must be older in order for Spartan to lawfully provide the Services to you, or to permit you to create a User Account and provide us with your personal information, without parental consent (including using of your personal data) then the Minimum Age is such older age as required by law.
2.2 Your User Account
As between you and others, your User Account belongs to you. 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; and (3) follow the law and our list of Dos and Don’ts set forth below in Section 8. You are responsible for anything that happens through your User Account 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 user name or password due to your failure to take reasonable measures to maintain the confidentiality of your registration, your disclosure of your user name or password, or your authorization of anyone else to use your user name 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.
2.3 Additional Terms
To the extent that there is a conflict between this User Agreement and any additional terms and conditions (“Additional Terms”) for any event, product, service, license, ticket, contest, transaction, sale, membership, and/or activity for which you are using the Site to register or purchase (each, an “Event”), the Additional Terms of use shall govern. This User Agreement will remain in full force and effect as long as you are a user of, or maintain the User Account and, you will still be bound by your obligations under this User Agreement, including any indemnification obligations, warranties, and limitations of liability set forth herein.
2.4 Purchases
If you make any purchases of other Spartan products or services through your User Account, such applicable Additional Terms shall apply.
3.0 Rights and Limits
3.1 Information Rights
You and Spartan agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy. For the avoidance of doubt, you agree that Spartan may use and display on the Site certain personal information you provide including, your full name, location, age, profile photograph, and other such relevant information you provide.
By submitting suggestions or other feedback regarding the User Account or Services to Spartan, you agree that Spartan can use and share (but does not have to) such feedback for any purpose and you are automatically granting Spartan a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, "Rights"). All such submissions, whether solicited or unsolicited, shall become and remain the property of Spartan. This means that anything submitted by you to the Sites or your User Account may be used by Spartan for any purpose, now or in the future, without any payment to, or further authorization by, you. Spartan also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your submission.
You agree to only provide information that does not violate the law nor anyone’s rights. You also agree that your profile information will be truthful.
3.2 Service Availability
We may change, modify, upgrade, suspend or discontinue any of our services including but not limited to the availability of User Accounts. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
We don’t promise to store or keep showing any information and content that you’ve posted. Spartan is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
3.3 Limitations
Spartan reserves the right to limit your use of the User Account and other Services. Spartan reserves the right to restrict, suspend, or terminate your User Account if you breach this User Agreement or the law or are misusing the User Account or Services (e.g., violating any of the “Dos and Don’ts”; or Privacy Policy).
3.4 Intellectual Property Rights
Spartan reserves all of its intellectual property rights in the Services. Spartan trademarks, service marks, graphics and logos appearing on the Site are trademarks or registered trademarks of Spartan (collectively, the "Trademarks") or are the trademarks or registered trademarks of their respective owners (“Third-Party Trademarks”). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark (or Third-Party Trademark) displayed on the Site without the written permission of its respective owner. Your use of the Trademarks (or Third-Party Trademark) displayed on the Site, or any other content on the Site or in your User Account, except as provided in this User Agreement, is strictly prohibited.
Except as otherwise stated in this User Agreement, images of people or places displayed on the Site are either the property of, or used with permission by, Spartan. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this User Agreement or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Spartan neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Spartan.
3.5 Notices
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 your User Account information. All notices from you to Spartan either must be sent by mail 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.
4.0 Disclaimer, Indemnity, and Limit of Liability
4.1 No Warranty
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF SPARTAN’S SERVICES, INCLUDING THE USE AND ACCESS OF YOUR USER ACCOUNT 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.
4.2 Indemnity
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPARTAN FROM ALL CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF YOUR USER ACCOUNT, THE SITE, OR ANY VIOLATION BY YOU OF ANY THIS USER AGREEMENT.
4.3 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, YOUR USER ACCOUNT, OR 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 OR YOUR USER ACCOUNT; (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, YOUR USER ACCOUNT, 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 THIS USER AGREEMENT 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 THIS USER AGREEMENT.
The limitations of liability in this Section 4 are part of the basis of the bargain between you and Spartan and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Spartan or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
5.0 Termination
Both you and Spartan may terminate this User Agreement at any time with notice to the other. On termination, you lose the right to access and use your User Account and certain applicable Services. 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.
You can visit our FAQs to close your User Account.
6.0 Governing Law and Dispute Resolution
Except as prohibited by law, you agree that any claim, controversy or legal dispute arising out of or relating to this User Agreement (hereinafter, a “Dispute”) will be resolved through binding arbitration. This arbitration agreement is intended to be broadly interpreted and includes claims, controversies or disputes arising out of or relating to any aspect of the relationship between you and Spartan, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, all of which shall be considered within the definition of “Dispute.” You affirm you have had the opportunity to review the Arbitration Agreement and affirm you are expressly agreeing to comply with and be bound by the entirety of the Arbitration Agreement. This User Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (the “FAA”) governs the interpretation and enforcement of your agreement to arbitrate all Disputes hereunder. Massachusetts state law and procedures concerning arbitration shall apply any Disputes arising out of or relating to this User Agreement to the extent that they do not conflict with and are not inconsistent with the FAA. You agree that the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
In the event that the Arbitration Agreement in this User Agreement is for any reason held to be unenforceable, any litigation against us shall be commenced only in a federal or state court located within Suffolk County, Massachusetts, and we both consent to the jurisdiction of those courts for such purposes.
7.0 General Terms
If any provision of this User Agreement is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (i) the validity, legality, and enforceability of the remaining provisions of this User Agreement (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (ii) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and this User Agreement shall be deemed amended accordingly.
This User Agreement (including additional terms that may be provided by us when you engage with a feature of the User Account or related Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this User Agreement, that does not mean that Spartan has waived its right to enforce this User Agreement. You agree that Spartan may assign this User Agreement to its affiliates or a party that buys it without your consent. You may not assign or transfer this User Agreement, or your User Account (including any of your rights or obligations hereunder), and any assignment is a violation of this User Agreement and therefore is void. Except for any Spartan parents, subsidiaries, affiliates, or licensed partners, there are no third-party beneficiaries to this User Agreement.
You agree that the only way to provide us legal notice is in accordance with Section 3.5 of this User Agreement.
8.0 Spartan "Dos and Don'ts"
8.1 Dos
You agree that you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and regulatory requirements;
b. You will provide true, accurate and complete.
8.2 Don'ts
You agree that you will not:
a. 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;
b. 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;
c. Override any security feature or bypass or circumvent any access controls or use limits of the User Accounts;
d. 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;
e. Disclose information that you do not have the consent to disclose (such as confidential information of others);
f. Violate the intellectual property or other rights of Spartan, including, without limitation, using the word “Spartan”, our logos or other trademarks in any manner;
g. 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;
h. 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;
i. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
j. 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);
k. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
l. 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.
9.0 How to Contact Us:
For general inquiries, you may contact us at us@spartan.com.