Terms of Service

Terms Of Service

Welcome to Endurance Nation, an online triathlon team that connects and coaches triathletes through social networking.

The Endurance Nation service and network (collectively, “Endurance Nation” or “the Service”) are owned and operated by Endurance Nation, LLC. (collectively, “us”, “we” or “the Company”). By using the www.endurancenation.us web site (the “Web Site”) you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. Your continued use of the Service or the Web Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Service or the Web Site. It is your responsibility to regularly review these Terms of Use.

ELIGIBILITY

You must be thirteen years of age or older to register as a member of Endurance Nation (a “Member”) or use the Web Site. If you are under the age of 13, you are not allowed to register and become a member of Endurance Nation or access Endurance Nation’s content, features and services on the Web Site. Membership in the Service is void where prohibited. By using the Service or the Web Site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. We may terminate your Membership and/or prohibit you from using or accessing the Service or the Web Site for any reason, at any time.

MEMBER CONDUCT

You understand that the Service and the Web Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Service or the Web Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Web Site or for any other purpose. You further agree that you may not use the Service or the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Web Site. In addition, you agree not to use the Service or the Web Site to:

  • upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another;
  • use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Web Site.

PROPRIETARY RIGHTS IN CONTENT ON THE WEB SITE

All content on the Web Site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the “Content”), are the proprietary property of the Company or its licensors. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the Web Site are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

MEMBER CONTENT POSTED ON THE WEB SITE

You are solely responsible for the photos, profiles and other content that you publish or display (hereinafter, “post”) on or through the Service or the Web Site, or transmit to other Members (collectively the “Member Content”). You understand and agree that the Company may review and delete or remove any Member Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. By posting Member Content to any part of the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You may remove your Member Content from the Web Site at any time. If you choose to remove your Member Content, the license granted above will automatically expire.

COPYRIGHT POLICY

We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web Site, please contact us at [email protected] and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

LINKS TO OTHER WEBSITES

The Web Site contains links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Web Site or the Service does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web Site and access these third-party sites, you do so at your own risk.

MEMBER DISPUTES

You are solely responsible for your interactions with other Endurance Nation Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members and to act in the best interest of the community at large.

PRIVACY

We care about the privacy of our Members. Click the navigation links above to view the Web Site’s Privacy Policy. By using the Web Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

PAID ACCOUNTS

Trials. If you are currently on a free trial, you may cancel or downgrade your account, free of charge, at any time within the first 30 days when your account was created. (The day of creation constitutes the first day of this 30-day period.) The last day of the the trial signifies the due date of the first payment. If payment is not received by Endurance Nation, LLC on the due date, user’s account maybe be frozen, inaccessible, and all shared links will be turned off until all outstanding payments have been processed by Box. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information.

Billing. Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed. You can upgrade and add paid features to your account (turning your account into a “Pro” or “Team” Level from “Basic” level, for example). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

Limited Refunds. You may cancel your Endurance Nation Paid Account at any time but you won’t be issued a refund outside of the 30-day initial money-back guarantee window unless it’s legally required by where you live (for example, the European Union).

Downgrades. Your Paid Account will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

ACCOUNT CANCELLATION / TERMINATION

You’re free to stop using our Services at any time and you can cancel your account on the website or via email request. You will continue to have access for the period of time (monthly, yearly) for which you have prepaid. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.

DISCLAIMERS

If you have any questions about this Terms of Use, please contact us at [email protected]. The Company is not responsible for any incorrect or inaccurate Content posted on the Web Site or in connection with the Service, whether posted or caused by users of the Web Site, Members or by any of the equipment or programming associated with or utilized in the Web Site or the Service. The Company is not responsible for the conduct, whether online or offline, of any user of the Web Site or Member of the Service. The Web Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Web Site or the Service, any Content posted on or through the Web Site or the Service or transmitted to Members, or any interactions between users of the Web Site or Members, whether online or offline.

THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE. LIMITATION OR LIABILITY EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED DOLLARS ($100). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

GOVERNING LAW AND VENUE

By visiting or using the Web Site and/or the Service, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of its affiliates. Any dispute relating in any way to the Web Site and/or the Service (including your visit to or use of the Web Site and/or the Service) shall be submitted to confidential arbitration in Middlesex County, Massachusetts, except that, to the extent you have in any manner violated or threaten to violate the Company’s or any of its affiliates’ proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Massahusetts.

Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Web Site and/or the Service (including your visit to or use of the Web Site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

INDEMNITY

You agree to indemnify and hold the Company, its parent, subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Web Site in violation of this Agreement or your violation of any law or the rights of a third party.

OTHER

These Terms of Use, together with the Privacy Policy and any other policies of the Company posted by us on the Web Site, constitute the entire agreement between you and the Company regarding the use of the Web Site and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Web Site or the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect

QUESTIONS

If you have any questions about this Terms of Use, please contact us at [email protected].

 

COPYRIGHT INFRINGEMENT NOTIFICATION

To file a copyright infringement notification with EnduranceNation.us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act or the Digital Millennium Copyright Act of 1998 to confirm these requirements):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Physical signature is preferred.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be 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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such written notice should be sent to: Endurance Nation, LLC c/o Rich Strauss 607 Parker Ave Monrovia, CA 91016 Attn: EN Administrator. Email: [email protected]. Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
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