PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR PARTICIPATION WITH SCIENTIFIC TRIATHLON, USE OF SCIENTIFICTRIATHLON.COM, AND USE OF SERVICES AND CONTENT.
1. BINDING EFFECT. This is a binding agreement. By using the Internet Website located at www.scientifictriathlon.com (the “Website”), any services provided in connection with the Website (“Services”), or participating in any activities pertaining to Scientific Triathlon ST (“Company”, “we”, “us”, “our”) you (“User”) agree to abide by these Terms & Conditions (“Terms”). Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision.
2. CHANGE OF TERMS. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time, and any such modification shall be effective upon posting by us. You should check these Terms & Conditions periodically for changes. By using our Services, you agree to accept those changes, whether or not you have reviewed them.
4. SERVICES AND FEES. By using the Services, you acknowledge that Company has the right to terminate your Services immediately should you breach any of these Terms or fail to pay for the Service. Company reserves the right to refuse any order you place with us. All payments are handled through third party payment gateways. Company is not able to access your credit card or other financial details. You agree that we will not be held liable for any loss you incur arising from your use of this payment method.
There will be no refunds or guarantees of reimbursements for Services unless otherwise specified. There will be no retroactive termination of Services. You may terminate your Services at any time by providing written notice to firstname.lastname@example.org. Termination of Services and associated fees are subject to any minimum-term requirements for specific coaching and other service packages as published on our Pricing pages, and any other requirements agreed to at the time of your initiating Services. Terminations will only be effective for stopping future charges unless otherwise specified.
5. TERMINATION/ACCESS RESTRICTION. We reserve the right, at any time and at our sole discretion, and without any notice or liability, to terminate your password, user account and its contents, refuse to permit you to post or remove any postings to the Website, and/or access to any part of this Website or the Services. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice, and that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website or your user account.
6. INTELLECTUAL PROPERTY AND COPYRIGHT. When accessing the Website or using the Services, you agree to obey the law and to respect the intellectual property rights and copyright ownership of others. You acknowledge that the Website and our Services contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, training plans, and other materials and information (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Company and its licensors or its partners and affiliates own and retain all worldwide proprietary, intellectual property, and other rights to the Services and the Content. You may not copy, modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, display, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership or other interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you upload, download, display, perform, transmit, or otherwise distribute, or that is uploaded, downloaded, displayed, performed, transmitted, or otherwise distributed using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
7. USER CONTENT. You grant Company a license to use the materials you post to the Website or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Website or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Website or Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
8. RESTRICTIONS ON USE. Company imposes certain restrictions on your permissible use of the Website and the Services. You are prohibited from violating or attempting to violate any security features of the Website or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Website or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
9. INDEMNITY. You agree to indemnify, hold harmless, and defend Company and its subsidiaries, affiliates, members, managers, officers, agents, licensors, suppliers, and other partners and employees, from any and all loss, liability, claim, action or demand, including but not limited to reasonable attorneys' fees and expenses, made by any third party due to or arising out of your improper use of the Website or our Services, your violation of these Terms & Conditions, or your (or any person using your account) infringement of any intellectual property of any person or entity.
10. DISCLAIMERS. Our Services are intended solely for healthy individuals, age 15 and over. Company is not a medical organization, and nothing contained in our Services should be construed as medical advice, medical treatment, or a medical diagnosis. Services are provided solely for informational and educational purposes, and as a tool to assist Users as they seek to improve their physical condition. It is each Users’ responsibility to ensure that they are in a state of health allowing them to safely engage in strenuous exercise. Please consult a medical or health professional before you begin any new exercise or nutrition program or if you have questions about your health. USERS ASSUME ALL RISKS IN CONNECTION WITH PARTICIPATION IN ANY PRODUCTS, SERVICES AND ACTIVITIES THAT WE MAY PROVIDE. COMPANY IS NOT LIABLE FOR ANY DAMAGE INCURRED FROM SUCH PARTICIPATION, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY AND PROPERTY DAMAGE, NOR FOR ANY LOSS ARISING FROM ACTION TAKEN OR RELIANCE ON ANY INFORMATION, MATERIAL OR OTHER CONTENT AVAILABLE ON THE WEBSITE.
11. WARRANTY DISCLAIMER. THE WEBSITE AND THE SERVICES PROVIDED ARE PROVIDED "AS-IS" AND WE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE AND/OR ANY SERVICE WE PROVIDE.
NEITHER WE, NOR ANY OF OUR AFFILIATES, NOR ANY OF OURS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS ARE RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMPUTER EQUIPMENT, SOFTWARE, OR ANY FAILURE OF THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE, AND WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE USING OUR WEBSITE AND THE SERVICES WE PROVIDE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY INJURY TO YOU OR YOUR PERSONAL COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN OUR WEBSITE OR FROM DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE. WE MAKE NO WARRANTIES OR ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, SERVICES, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
12. LIABILITY DISCLAIMER. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES ARISING FROM (A) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES (B) THE USE OF ANY CONTENT, MATERIAL OR SERVICES PROVIDED, (C) STATEMENTS OR CONDUCTS OF ANY MEMBER OR OTHER THIRD PARTY ON THE WEBSITE, OR (D) ANY OTHER MATTER RELATING TO OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNTS PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OUR SERVICES, OR OUR TERMS & CONDITIONS IS TO DISCONTINUE YOUR USE OF OUR SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
13. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of Finland, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of Finland in all disputes arising out of or related to the use of the Website. If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Last Edited on 2015-11-27