Terms of Service for the Play Big Faster Challenge
Welcome and thank you for your interest in the Play Big Faster Asset Protection Challenge website (the “Site”) owned and operated by Play Big Faster, Inc. (the “Challenge”, “We”, “Our”, or “Us”). Paid enrollment in the Challenge gives a member access and the opportunity to independently review and invest in professional development offerings. These Terms of Service govern your access and use of the Site and all publicly available content, services and/or products provided by the Challenge, including through the Site (collectively, the “Services”). Visitors to the Site and users of the Services are referred to herein individually as “User” and collectively as “Users”.
THE SERVICES ARE OFFERED ONLY TO USERS PAY THE REGISTRATION FEE AND WHO ARE AT LEAST OF LEGAL AGE IN THE JURISDICTION IN WHICH THEY RESIDE OR ARE LOCATED. BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE ABLE TO LEGALLY CONTRACT IN THE JURISDICTION IN WHICH YOU ARE LOCATED. You may access the Site generally and/or browse generally without registering with the Challenge. In order to access the Services, including getting access to coaching offerings and presenting your own coaching deal, you must register to create an account (“Account”) and meet certain criteria, including payment of the Registration Fee. You must complete the registration process by providing us with current, complete and accurate information. You are solely responsible for updating any and all pertinent registration information. Failure to do so shall constitute a breach of the Terms of Service which may result in immediate termination of your account. You agree to notify the Challenge immediately in writing of any unauthorized use of your Account or any other breach of security. You will not let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone. You acknowledge and agree that you are liable for any damages or losses to the Challenge and other Users by any use of your Account, either authorized or unauthorized. You agree that your Account will be self-directed and that you are solely responsible for all investment decisions. Although the Services may provide data, information or content provided by third-parties or us relating to investment strategies and/or opportunities to buy and/or sell securities, you should not interpret any such content as tax, legal, financial, or investment advice or a recommendation to invest in any coaching opportunity offered directly by other Users. Any decision to invest shall be based solely on your own consideration and analysis of the risks involving a particular offering and is made at your own risk. You acknowledge and agree that you are solely responsible for determining the suitability of an investment or strategy and accept the risks associated with such decisions, which include the risk of losing the entire amount of your principal. We have no special relationship with or fiduciary duty to you and your use of the Site or the Services does not create such a relationship. You agree and acknowledge that you are solely responsible for conducting legal, accounting and other due diligence review on the investment opportunities offered directly by other Users. You are strongly advised to consult a licensed legal professional and investment advisor for any legal, tax, insurance, or investment advice as the Challenge does not provide any of the foregoing advice or recommendations or provide any due diligence review.
One of the Services the Challenge offers is the facilitation of coaching opportunities during in-person or virtual meetings (each, a “Q&A Session”). The Challenge does not endorse any of the opportunities offered directly by other Users, including those presented at a Q&A Session, nor does the Challenge make any recommendations regarding the appropriateness of particular opportunities for any registrant. THE PRESENTATION OF COACHING OPPORTUNITIES DURING A Q&A SESSION ARE FOR INFORMATIONAL PURPOSES ONLY. ANY SUCH PRESENTATION DOES NOT CONSTITUTE AN OFFER, OR SOLICITATION OF AN OFFER, TO BUY OR SELL SECURITIES, NOR A RECOMMENDATION TO BUY OR SELL ANY SECURITIES. OFFERS TO SELL, OR SOLICITATIONS OF OFFERS TO BUY, ANY SECURITY CAN ONLY BE MADE THROUGH OFFICIAL OFFERING DOCUMENTS PROVIDED BY THE ISSUER, WHICH CONTAIN IMPORTANT INFORMATION ABOUT INVESTMENT OBJECTIVES, RISKS, FEES AND EXPENSES. The terms of any investment opportunity provided by an issuer shall be negotiated and agreed to directly between the issuer and individual Users. The Challenge takes no part in the negotiation or execution of transactions for the purchase or sale of securities, and at no time has possession of or access to funds or securities. You agree and acknowledge that none of the Challenge, its officers, directors, employees, representatives, affiliates or agents, including Scherrie L. Prince, will participate in the offer to sell or solicitations of offers to buy any securities, or make a recommendation to buy or sell any securities, offered by other Users.
Although the Challenge may provide data, information or content provided by third-parties or us relating to investment strategies and/or opportunities to buy and/or sell securities, you should not interpret any such content as tax, legal, financial, or investment advice or a recommendation to invest in any coaching opportunity offered by other Users. Investment opportunities presented during a Q&A Session are speculative and involve substantial risk. Any decision to invest shall be based solely on your own consideration and analysis of the risks involving a particular offering and is made at your own risk. You acknowledge and agree that you are solely responsible for determining the suitability of an investment or strategy and accept the risks associated with such decisions, which include the risk of losing the entire amount of your principal.
The Challenge, its affiliates, and its licensors own all right, title and interest in the Site and the Services, including but not limited to (i) the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel” organization, compilation of the content, code, and data, and (ii) all content on the Site, including, without limitation, all articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any user comments (collectively, the “Challenge Materials”). The Challenge Materials do not include User Content (as defined below). The Challenge Materials are protected by copyright, trademark, patent, trade secret, and other intellectual property laws and proprietary rights. You agree to comply with all applicable laws by not copying or using proprietary content, except as allowed by these Terms or by written consent of the owner of the proprietary rights. The Challenge hereby grants you a non-exclusive, non-transferable license to download and print the Challenge Materials for your personal, non-commercial use only, provided that you retain all copyright and proprietary notices that are contained in such portion of the Challenge Materials. You may not modify, distribute, share, disclose, transmit, display, reproduce, publish, license, create derivative works from, transfer, or otherwise use the Challenge Materials in any other way, except with the prior written permission of the Challenge. You agree that you will not develop or assist anyone else with developing a website or materials that are substantially similar to or based in substantial part on the Challenge Materials. Your access to or use of the Site or the Services does not grant or transfer to you ownership interest or any rights in the Challenge Materials other than those rights expressly granted in these Terms.
You and other users may present coaching opportunities, as well as submit, post, transmit and share comments or materials through the Challenge (“User Content”). You are solely responsible for User Content that you offer, post, transmit, or share through the Challenge, as well as for any actions taken by the Challenge or other Users as a result of your User Content. You agree and understand that you may receive or be exposed to User Content provided by others that is inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that the Challenge makes no representations or warranties regarding User Content and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to User Content. You hereby waive any legal or equitable rights or remedies you have or may have against the Challenge with respect to User Content provided by you or others. The Challenge has no obligation to monitor, review, control, or guarantee the accuracy or confidentiality of User Content. However, the Challenge reserves the right at all times (but will not have an obligation) to remove or edit any User Content in its sole discretion, with or without notice. You represent and warrant that all information that you provide to the Challenge or through the Site is accurate, complete and truthful. The Challenge, its officers, directors, employees, representatives, affiliates or agents, including Scherrie L. Prince, are entitled to rely upon the information you provide as true, accurate and complete without independent verification. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You retain all right, title, and interest in your User Content. By posting, transmitting, or sharing your User Content with the Challenge, you hereby (i) grant to the Challenge and its affiliates, sublicensees, partners, designees, and assignees, a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Content and derivatives thereof for any purpose and in any media form, and (ii) grant to other Users a non-exclusive license to access or otherwise use your User Content for personal or commercial use. You hereby affirm, represent, and warrant that: (i) you either own the User Content or have the necessary licenses, rights, consents, and permissions to grant the rights and license set forth herein, and (ii) the User Content or any use of the User Content pursuant to these Terms, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any intellectual property or proprietary right; (b) violate any applicable laws, rules, or regulation (including, without limitation, United States federal and state securities laws); or (c) require the Challenge to obtain a license from or pay fees or royalties to any third party.
User Interactions and Disagreements
The Services may allow you to interact with other Users who may provide you with investments, investment information, advice, services and/or events, or provide you with other information about various companies or organizations. You acknowledge that other Users are not affiliated with or controlled by the Challenge or its affiliates, and the Challenge cannot influence the investments, information, advice or services provided by them. Your interaction with other Users is solely between you and such other Users. YOU AGREE THAT THE CHALLENGE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, INCLUDING SCHERRIE L. PRINCE, WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS. Furthermore, if you provide any investments, information, advice or services to other Users, you acknowledge that you are not affiliated with, or controlled or influenced in any way by, the Challenge or its affiliates, officers, directors, employees, representatives or agents, including Scherrie L. Prince. If you have a dispute with one or more Users, you irrevocably and forever release the Challenge (and the Challenge’s affiliates, officers, directors, employees, representatives, agents, subsidiaries, and joint ventures) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The Services may include tickets to live events hosted by the Challenge or one of its affiliated companies. If you attend one of our live events, you will be part of an event that is live streaming and recorded. Additionally, there will be still photographs and video segments taken throughout the event by the Challenge or an affiliate and any other third-party participant, such as speakers and sponsors. Therefore, the use of any live event ticket is made with the understanding that it also contains a WAIVER AND RELEASE, and that you agree to the following:
I irrevocably grant permission to the Challenge and all affiliated companies, to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. My actual testimony will not be edited. I acknowledge that there will be no compensation for my testimonial. I understand and agree that all photos and videos will become the property of the Challenge and all affiliated companies and will not be returned.
I hereby hold harmless, release, and forever discharge the Challenge and all affiliated companies from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. If my testimony is cut or not used, I agree that this was at the artistic discretion of the Challenge and all affiliated companies and or its affiliates and that I will not take legal action. I also agree that any claims will be arbitrated through the American Arbitration Association and that jurisdiction for all claims in Miami, Mississippi.
I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by the Challenge and all affiliated companies, including without limitation any and all claims for libel or invasion of privacy. I have read the above Release and am fully familiar with the contents thereof. This Release contains the entire agreement between the parties hereto and supersedes any other agreement that may exist.
WE DO NOT ALLOW ANY VIDEO RECORDING OF OUR EVENTS FOR DISSEMINATION OR COMMERCIAL USE.
In order to enter any live event, you must have your own valid ticket. One ticket is required per attendee and will only be valid on the day(s) of the live event and area(s) of the live event as indicated on the ticket. Entry into the live event is limited to persons that meet the minimum age requirements on or before the day of the event. To enter the live event you must be at least eighteen (18) years of age or older unless the specific event designates that children are permitted. You must check the relevant event description for details of any additional terms or restrictions.
THE SERVICES, THE SITE, THE CHALLENGE MATERIALS, USER CONTENT, AND ANY OTHER INFORMATION AND MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WHEN AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE CHALLENGE DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPLIANCE WITH LAWS, CORRECTNESS, ACCURACY, AND RELIABILITY. WITHOUT LIMITING THE FOREGOING, THE CHALLENGE MAKES NO REPRESENTATION OR WARRANTY (A) WITH RESPECT TO THE MERITS AND RISKS OF ANY TRANSACTIONS MADE BY OR THROUGH THE SERVICES, OR (B) THAT USE OF THE SERVICES AND THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Without limiting the generality of the foregoing, the Challenge makes no warranty or representation as to the completeness or accuracy of the information provided through the Services, nor as to any issuer’s compliance with the Investment Company Act, the Investment Advisers Act or the Securities Act. To the maximum extent permissible under law, the Challenge assumes no liability or responsibility for any errors or omissions in the content of the Site, Challenge Materials or User Content. The Challenge does not endorse or represent the reliability or accuracy of any content or information, including User Material, distributed through or accessed through the Services, and has not performed any investigation into such information. The Challenge shall not be liable for any investment decisions made based upon such information. You agree that any reliance upon any content or information distributed through or accessed the Services is at your sole risk. The Challenge is entitled to rely upon the information provided by its Users. You acknowledge and agree that the Challenge does not provide any representation, warranty or assurance that any offering made by another User are made in accordance with state and/or federal securities law, including the exemption to the sale of unregistered securities and the prohibition against the general solicitation of unregistered securities. Each issuer, and not the Challenge, is responsible for ensuring that any securities offering is done in accordance with state, federal law and regulation promulgated by the SEC and Financial Industry Regulatory Authority. We make no representation or warranties regarding the legality or compliance of any offering. The Challenge has not reviewed all of the links provided on the Site or through the Services and is not responsible for the content of any off-Site pages. Clicking on hyperlinks and visiting any off-Site pages is solely done at your own risk.
Certain Reserved Rights
The Challenge reserves the right, in its sole discretion and without notice, to change, delete, improve or correct any information, content, materials and descriptions provided on the Site and to suspend and/or deny access to the Services at any time. If services are terminated, there is no pro-rated refund. The Challenge may discontinue or change any product or service described in or offered on or through the Services at any time. The Challenge further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Services at any time and for any or no reason and without any liability, and the Registration Fee is non-refundable. You agree that the Challenge will not be liable to you or to any third party for any such modification, suspension or discontinuance. Upon termination of these Terms of Service or your access to the Services for any reason or no reason, you will continue to be bound by these Terms of Service which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability. The information and materials on the Site or through the Services may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and the Challenge does not undertake any obligation or responsibility to update or amend any such information. You agree that the Challenge and its affiliates will not be liable to you or to any third party for any such modification, suspension, or discontinuance. .Any gratis offers, gifts with purchase, or bonus items offered by the Company are not guaranteed and are subject to termination, substitution or elimination. Gratis items do not have any monetary value and are not subject to substitution or store credit.
You agree that you are responsible for your own conduct while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations (including without limitation the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, any applicable state “Blue Sky” laws, any other applicable United States federal or state securities laws, regulations and rules, any securities exchange or self-regulatory organization’s rules or regulations, and any applicable foreign laws, each as amended from time to time). Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. By way of example, and not as a limitation, you agree that you may not:
- use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services;
- attempt to gain unauthorized access to the Site, the Services, any other affiliated website or service, or the computer systems or networks connected to the Services through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit, or otherwise make available through the Services any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- upload, post, email or transmit, or otherwise make available through the Services any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, the Terms;
- download any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about its Users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by the Challenge, its affiliates, officers, directors, employees, representatives or agents, including Scherrie L. Prince, or any third parties;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- share with or disclose to anyone any information obtained through the Services about any investment offerings;
- or contacting any party or User other than as allowed through the Services.
The Site may not be used by any person or entity in any jurisdiction where the use thereof would be contrary to applicable laws, rules or regulations of any governmental authority, regulatory or self-regulatory organization or clearing organization.
The Challenge may terminate these Terms and your right to use the Services at any time and for any reason without notice. Upon termination or expiration of these Terms, the Challenge may remove and discard any Challenge Materials or User Content, and such materials and content may no longer be accessible by you. The Challenge will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party. You agree that the Challenge will not be liable to you or any third party for any such termination except as described in these Terms. Upon termination or expiration of these Terms, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.
The Site may contain links to third party websites (“Linked Sites”). These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by the Challenge of any information, materials, products, or services contained in or accessible through any Linked Site. In no event shall the Challenge be responsible for the information contained on any Linked Site or your use of or inability to use any Linked Site. When you access Linked Sites, you do so at your own risk, and subject to the Linked Site’s terms and policies.
To the fullest extent permissible by law, you agree to defend, indemnify, and hold the Challenge and its directors, officers, employees, affiliates, representatives and agents harmless from any claim, demand, loss, damage, liability, or expense, including attorney fees and costs, however incurred, including those incurred at trial, in any bankruptcy proceeding, on appeal, and on any petition for review (collective, “Damages”) to the extent that Damages result directly or indirectly from your use of the Services or the Site. The Challenge reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Challenge in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Challenge.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE CHALLENGE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AFFILIATES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR THE SITE, EVEN IF THE CHALLENGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE CHALLENGE HAS OFFERED ITS SERVICES AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE CHALLENGE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE CHALLENGE. THE CHALLENGE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. Please note that some jurisdictions may not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Challenge assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. We do not, and cannot, guarantee that any User is an “accredited registrant,” as defined by Rule 501 of Regulation D under the Securities Act of 1933, as amended.
Except as explicitly stated otherwise, legal notices to the Challenge should be emailed to [email protected]. Legal notices to you will be provided either to the email or mail address you provide to the Challenge during the account registration process or posted on the Site. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice will be deemed given three days after the date of mailing or posting on the Site, as applicable. You agree that all notices and other communications that the Challenge provides to you electronically (by email or by posting on the Site) satisfies any legal requirement that such notice or communication be in writing.
Any dispute, question or difference arising between you and the Challenge, its officers, directors, employees or any affiliate in connection with the Services or otherwise in regard to the relationship of the parties by virtue of these Terms, including the construction and scope of these Terms, that cannot be amicably resolved, shall be finally settled in accordance with Commercial Arbitration rules and regulations of the American Arbitration Association (“Association”) then in effect by one or more arbitrators mutually selected by the parties from the commercial panel of the Association. The arbitrator(s) to be appointed shall be English speaking persons. The arbitrator(s) shall have the power to extend time for pronouncing the award with the consent of the parties. Judgment upon an arbitration may be entered in any court having competent jurisdiction thereof, and shall be binding, final and non-appealable. The arbitrator(s) shall have the power to award any and all remedies and relief whatsoever that is deemed appropriate under the circumstances, including, but not limited to, money damages and injunctive relief. This arbitration provision shall be deemed to be self-executing and shall remain in full force and effect after the expiration or termination of these Terms. In the event any party fails to appear at any arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. You hereby consent to arbitration to be held within Rankin County, Mississippi, and irrevocably agree that all actions or proceedings relating to these Terms shall take place in Rankin County, Mississippi and waive any objections that you may have based on improper venue or forum non conveniens. The arbitrator(s)’ fees in connection with any such arbitration proceeding shall be shared equally between the arbitrating parties.
Choice of Law
The Terms and your use of the Services shall be governed by and construed and enforced in accordance with the laws of the state of Mississippi, without regard to conflicts of laws provisions. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Neither party will be responsible for failure to perform any obligation under these Terms due to causes beyond the reasonable control of such party, including but not limited to strikes, lockouts, riots, epidemics, war, government regulation, fire, flood, natural disasters, Acts of God, or inadequacies of equipment, or other cause beyond the reasonable control of such party.
If any provision of the Terms is found unenforceable, that provision will be deemed to be modified to the extent necessary to make it enforceable, while preserving its intent. If any provision of the Terms is nonetheless held unenforceable in any jurisdiction, the provision will be enforced to the maximum extent permissible in that jurisdiction, and the enforceability of the Terms in any other jurisdiction and of the remaining provisions in that jurisdiction will not be affected. You further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.
Electronic Signatures in Global and National Commerce Act/Uniform Electronic Transactions Act
The Federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and similar state laws, particularly the Uniform Electronic Transactions Act (“UETA”), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer’s consent to receive information electronically. When a User registers on the Site, we obtain his or her consent to transact business electronically and maintain electronic records in compliance with ESIGN and UETA requirements. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability the Site’s electronically stored copy of this Agreement in any proceeding arising out of this Agreement. Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. The Challenge shall have a reasonable period to effect such a change. If you elect to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.
Waiver and Integration
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. These Terms of Service and other referenced materials are the entire agreement between you and the Challenge with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Challenge with respect to the Services and govern the future relationship.
Changes to the Terms
Your use of the Site and the Services is governed by the then-current version of the Terms in effect on the date of such use. The Challenge may, at its sole discretion, modify the Terms and/or other policies and procedures governing the Service at any time without notice or liability by posting the modified Terms, policies or procedures to the Site. The date of any effective changes shall be reflected at the bottom of this page and, upon request, we will provide you with information regarding any changes made. Your continued use of the Services after modified Terms have been posted or otherwise provided to you constitutes your agreement to be bound by the then-current Terms.
These Terms were last updated on October 9, 2022.