RUSH CLUB, LLC TERMS AND CONDITIONS
Date of These Terms and Conditions of Use: 4/10/2017
Last Updated: 4/10/2017
Terms and Conditions of Use
THE RUSHCLUBCOMBINE.COM WEBSITE, including all of its subsites (typically any web pages which end in RUSHCLUBCOMBINE.COM, and all software, products, features and services made available, displayed or offered by or through our web site or subsites (collectively, this Site) IS OWNED AND OPERATED BY RUSH CLUB, LLC. YOUR ACCESS AND USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE AND ALL APPLICABLE LAWS. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS AND CONDITIONS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT ACCESS, BROWSE, OR USE THIS SITE OR THE CONTENT OR SERVICES HEREON.
Release of Liability and Assumption of Risk
In consideration of being allowed to participate in any way in any RUSH CLUB Event, Challenge or Contest, I acknowledge, appreciate and agree that:
1. The risk of injury from the activities involved in these sport events is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and
2. I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for my participation; and
3. I willingly agree to comply with the stated instructions and policies and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, indemnify and hold RUSH CLUB, LLC, each of its members, officers, directors, sponsors or corporate partners harmless with respect to any and all injury, disability, death, or loss or damage to person or property, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, I AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Routine Information Collection
All web servers track basic information about their visitors. This information includes, but is not limited to, IP addresses, browser details, timestamps and referring pages. None of this information can personally identify specific visitors to this site. The information is tracked for routine administration and maintenance purposes.
Cookies and Web Beacons
Registration and Eligibility
RUSH CLUB, LLC allows users to establish an account to access various features of this Site, such as registration for the RUSH CLUB, LLC events, certificate courses, seminars, and competitions, and use of its message boards, discussion boards, and other public forums. If you register, you agree to provide RUSH CLUB, LLC with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions of Use, which may result in immediate suspension or termination of your account. Failure to provide accurate, truthful, complete, and updated registration information for certain events or features, may also lead to your disqualification, expulsion or denial from such events.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register for any function, service, or portion of this Site which requires such registration. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms and Conditions of Use.
By registering on this Site, you agree to receive emails from RUSH CLUB, LLC, its partners, sponsors, and affiliates. If you wish to terminate receipt of these emails, you may remove yourself by clicking the unsubscribe link contained at the bottom of every email.
By using this Site and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions of Use and to abide by all of the terms and conditions set forth herein.
Where you are required to open an account to use or access this Site or any of its features or services, you will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify RUSH CLUB, LLC immediately of any unauthorized use of your account, user name, or password (collectively, a User ID). RUSH CLUB, LLC is not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by RUSH CLUB, LLC, its subsidiaries, entities owned, related to or controlled by RUSH CLUB, LLC, officers, directors, employees, consultants, staff, agents, and representatives due to someone else’s use of your account or password. RUSH CLUB, LLC reserves the right to refuse registration of, or cancel a User ID, in its sole discretion.
You expressly acknowledge and agree that RUSH CLUB, LLC, and this Site do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice or a medical examination. The content of this Site may contain general information relating to certain medical conditions and their treatment. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a physician or other medical provider. You should not use the information provided on this Site for diagnosing a health problem or disease. Prior to participating in any program, activity, exercise, diet, or use of any product, program, workout, exercise, or treatment discussed on this Site, you should seek the advice of your physician and other qualified health-care professionals. You understand that the exercises and programs discussed on this Site can be strenuous and should be scaled or done in moderation. There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with RUSH CLUB, LLC, or this Site are at your sole discretion and risk.
Use of Site; Limited License
All content on this Site and otherwise available through this Site, including designs, logos, artwork, text, graphics, images, data, information, software, music, sounds, interactive features, video, audio and other files, and their selection and arrangement, is owned by RUSH CLUB, LLC or its licensors. No Site content may be modified, distributed, framed, copied, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions of Use or as expressly authorized in writing by RUSH CLUB, LLC. Authorized users may access and use this Site, this Site’s content, and download or print a reasonable number of copies of portions of this Site content (to which the user has properly gained access) solely for the user’s personal, non-commercial use (unless otherwise expressly authorized in writing by RUSH CLUB, LLC), provided that the user maintains all copyright or other proprietary notices on all copies of such Site content. You may not publish or otherwise distribute Site content, including via the Internet or any intranet or extranet site, or incorporate this Site content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site content. Any use of this Site or this Site’s content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of this Site and this Site’s content granted herein. All rights of RUSH CLUB, LLC or its licensors that are not expressly granted in these Terms and Conditions of Use are reserved to RUSH CLUB, LLC and its licensors.
Links to and from this Site
Unless otherwise notified by RUSH CLUBS, LLC, you are free to link to this Site so long as you make it clear that (a) the linked content belongs to RUSH CLUB, LLC; (b) such content is not your own; and (c) the originating website makes no claim of owning, being related to or owned or controlled by, being under common control with, or sanctioned by, approved by, or endorsed by, RUSH CLUB, LLC.
This Site may contain links or references to other websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Such third party sites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through this Site or any third party content posted on or available through this Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party content. Inclusion of, linking to or permitting the use of any third party site or any third party content does not imply approval or endorsement thereof by RUSH CLUB, LLC. If you decide to leave this Site and access the third party sites or to access or use any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site or relating to any applications you use or install from this Site.
RUSH CLUB, LLC welcomes your participation and contributions to its online forums and discussions, including your feedback and comments on your experiences with the RUSH CLUB, LLC program, and RUSH CLUB, LLC’s events, activities, competitions, certificate courses, seminars, and workouts. RUSH CLUB, LLC’s policy is not to, and neither RUSH CLUB, LLC nor any of its employees will, accept or consider unsolicited ideas, suggestions, and other material. This avoids the possibility of misunderstandings RUSH CLUB, LLC develops, implements, or uses a program, product, service, feature, workout, software, application, or tool that appears similar to your own ideas or creative work. If you do submit any feedback, comments, ideas, suggestions or material (collectively, Submissions) to RUSH CLUB, LLC, including any Submissions that we have asked you not to submit to us, then regardless of what your Submission and any accompanying correspondence might say, by submitting your Submission you acknowledge and agree that:
(a) At the moment you submit your Submission to RUSH CLUB, LLC, you are automatically and irrevocably assigning your Submission, and all rights to it to RUSH CLUB, LLC and RUSH CLUB, LLC will have no obligations to you in relation to your Submission;
(b) In the event that your Submission is not assignable, RUSH CLUB, LLC will be irrevocably entitled to, throughout the world and in perpetuity, reproduce, publish, distribute, prepare derivative works from, display, perform, modify, adapt, broadcast, license, sell, translate, and otherwise use, any Submission for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to you, including sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by RUSH CLUB, LLC and/or its licensee(s) of any Submission violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for the material or ideas set forth therein;
(c) Your Submission will not contain any proprietary or confidential information;
(d) RUSH CLUB, LLC is under no obligation to keep your Submission confidential or to otherwise protect your Submission; and
(e) RUSH CLUB, LLC may already be considering or developing a similar idea, program, product, service, feature, movement, workout, software, application, or tool.
Software and Applications Available on this Site
Any software or application that RUSH CLUB, LLC makes available via this Site (“Software”) is the copyrighted work of RUSH CLUB, LLC and/or third party providers or other suppliers of RUSH CLUB, LLC. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement unless the end user first agrees to the License Agreement terms, and shall not circumvent or attempt to circumvent any click-through consents required to install or use any Software. For any Software not accompanied by a License Agreement, the following shall constitute the License Agreement:
RUSH CLUB, LLC hereby grants to you, the user, a personal, non-transferable license during the term of this license agreement to use this software for its intended purpose in accordance with this license agreement, and for no other purpose. Please note that RUSH CLUB, LLC and/or third party providers or other suppliers of RUSH CLUB, LLC owns this software and copyright laws and international treaty provisions protects this software. Any reproduction or redistribution of this software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE MADE AVAILABLE VIA THIS SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN THE APPLICABLE LICENSE AGREEMENT ENTERED INTO BY YOU IN CONNECTION WITH YOUR PURCHASE OR USE OF THE SOFTWARE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH LICENSE AGREEMENT AND THESE TERMS AND CONDITIONS OF USE, THE LICENSE AGREEMENT SHALL CONTROL WITH RESPECT TO THE SOFTWARE ONLY. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AND SUBJECT TO THE NO WARRANTIES SECTION OF THESE TERMS AND CONDITIONS OF USE, RUSH CLUB, LLC AND RUSH CLUB, LLC’S THIRD PARTY PROVIDERS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You grant RUSH CLUB, LLC a license to use any materials that you submit, display, transmit, upload, or post to this Site. By submitting, posting, uploading, displaying, performing, transmitting, or otherwise distributing information, videos, pictures, graphics, audio, music and sound, text, data, communications or other content (User Content), to this Site, you authorize RUSH CLUB, LLC to treat any User Content as non-confidential and non-proprietary, and grant RUSH CLUB, LLC, its subsidiaries, entities owned, related to or controlled by RUSH CLUB, LLC, officers, directors, employees, staff, consultants, agents, and representatives a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicenseable and freely transferable right and license to reproduce, publish, distribute, prepare derivative works from, display, perform, modify, adapt, broadcast, license, sell, translate, and otherwise use User Content, in whole or in part, in connection with the operation, promotion, marketing, and advertising of the business, products, programs, events, competitions and services of RUSH CLUB, LLC, including the exploitation thereof, in each case in any media formats and through any means or methods whether now known or hereafter discovered. You agree that RUSH CLUB, LLC may so exploit your User Content without compensation or credit to you, including by sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by RUSH CLUB, LLC and/or its third party providers or sublicensees of any User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for the material or ideas set forth therein. You agree that RUSH CLUB, LLC may publish or otherwise disclose your name in connection with your User Content. By posting User Content on this Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, upload, distribute, display, perform, transmit, or otherwise use User Content, and to license and permit RUSH CLUB, LLC to exploit the User Content as described above, and that RUSH CLUB, LLC’s exploitation of the User Content as described above will not violate any rights of or require any compensation to any third party.
You are solely responsible for the User Content, messages, notes, text, information, listings, and any other content, material, or data that you upload, publish or display on or through this Site, or transmit to or share with others. You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agree that RUSH CLUB, LLC may, but is not obligated to, review this Site and may delete or remove (without notice) any Site content or User Content in its sole discretion, for any reason or no reason, including User Content that RUSH CLUB, LLC believes violates these Terms and Conditions of Use. RUSH CLUB, LLC has no backup or storage obligations regarding User Content
RUSH CLUB, LLC does not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content. RUSH CLUB, LLC makes no representations concerning and is under no obligation to prevent, the downloading, distribution, linking to, or re-posting of your User Content by third parties. You expressly waive any and all claims you may have against RUSH CLUB, LLC and release RUSH CLUB, LLC from any and all liability arising from or related to the User Content, including any exploitation of the User Content by a third party, whether or not authorized by RUSH CLUB, LLC.
Reporting Violations of Your Copyrights
If you are a copyright owner, or an agent thereof, and believe that any of the content on this Site infringes upon your copyrights, pursuant to the Digital Millennium Copyright Act (the DMCA), you may submit a notification by providing our Copyright Agent with the following information:
-A physical or electronic signature of the copyright owner (or someone authorized to act on -behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- 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 RUSH CLUB, LLC to locate the material;
- Information reasonably sufficient to permit RUSH CLUB, LLC to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have 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; and
- A statement by you that the information in the notification is accurate, and under penalty of perjury, that the owner has authorized you to act on behalf of the owner of the right that is allegedly infringed.
If you believe that your content that was removed (or access was disabled to) is not infringing, or that you have authorization from the rightful copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the allegedly infringing material in your posted content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification or description of the material that has been removed or to which access has been disabled and the original location where the material appeared before it was removed or disabled;
- A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material removed or disabled; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the District of Arizona, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, RUSH CLUB, LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at RUSH CLUB, LLC’s sole discretion unless the copyright owner files an action seeking a court order against the material provider, member, or user. See 17 U.S.C. 512(g) (3) for further details.
Our designated Copyright Agent (the Copyright Agent) will receive notifications of claimed infringement and counter-notices via email at firstname.lastname@example.org. This e-mail address is intended solely for the receipt of legal “Notifications of Claimed Infringement” under the DMCA. It is not intended for general inquiries and permission requests concerning the use of RUSH CLUB, LLC content.
Use of Public Forums and Inappropriate Content
RUSH CLUB, LLC offers and maintains certain discussion boards, user forums and other places where the RUSH CLUB, LLC user community can post questions and share information, ideas, workouts or advice. You agree that you will not upload or transmit any User Content of any type to any Public Forums of this Site (including, without limitation, message boards, blogs, vlogs, bulletin boards, list serves, wiki’s or other open forums made available though our Site) (a Public Forum) that infringe or violate any rights of any party. By submitting any User Content to the Public Forums, you agree that such User Content is non-confidential for all purposes. If you use a Public Forum on this Site, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found on our Site. RUSH CLUB, LLC, and any party involved in creating, producing, delivering, or maintaining this Site are not responsible for the consequences of any communications in the Public Forums. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency and RUSH CLUB, LLC immediately.
You agree not to (including not facilitating or assisting), directly or indirectly, upload, download, link, stream, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, threatening, unlawful, fraudulent, harmful, harassing, tortious, vulgar, that may be invasive or violative of another’s right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, provincial, national or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; (d) distributes or facilitates the distribution of viruses, corrupted data, trojan horses, bots, keystroke loggers, worms, time bombs, cancelbots or other computer programming routines or computer code that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information; (e) adversely affects the availability of Site resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text) or excessively large embedded images); (f) solicits or disseminates surveys (other than any such functionality expressly provided for by the Public Forum that otherwise complies with these Terms and Conditions of Use), contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages; or (f) creates a false identity for the purpose of misleading others; (g) transmits or facilitates the transmission of any content to an e-mail address, messenger-feature address or other location that is not yours or to which you do not have the expressly authorized right to use without securing the prior authorization of the owner or licensor of such other address or other location; and (h) transmits or facilitates the transmission of any User Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary, statutory, common law or other rights of any party.
RUSH CLUB, LLC reserves the right to terminate your receipt, transmission, or other distribution of any such material using this Site, and, if applicable, to delete any such material from its servers as well as to take any other action required or permitted under any applicable laws. RUSH CLUB, LLC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions of Use or any applicable laws.
Other Prohibited Uses
You are prohibited from violating or attempting to violate, and agree not to violate or attempt to violate, any security features of this Site, 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 this Site, 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; (d) using this Site to send unsolicited e-mail or other communications, including, without limitation, promotions, or advertisements for products or services; and (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by RUSH CLUB, LLC in providing this Site. Any violation of system or network security may subject you to civil and/or criminal liability.
Alleged Violations (Termination)
RUSH CLUB, LLC reserves the right to suspend or terminate your use of this Site. To ensure that RUSH CLUB, LLC provides a high quality experience for you and other uses of this Site, you agree that RUSH CLUB, LLC or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Site. RUSH CLUB, LLC does not intend to disclose the existence or occurrence of such an investigation unless required by law, but RUSH CLUB, LLC reserves the right to suspend or terminate your account or your access to this Site immediately, with or without notice to you, and without liability to you, if RUSH CLUB, LLC believes that you have violated any of the Terms and Conditions of Use, furnished RUSH CLUB, LLC with false or misleading information, or interfered with the use of this Site by others.
Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned or licensed by RUSH CLUB, LLC or by any third party.
RUSH CLUB, LLC AND RUSH CLUB, LLC’S RELATED ENTITIES AND SUBSIDIARIES, INCLUDING entities it owns, controls OR IS UNDER COMMON CONTROL WITH, RUSH CLUB, LLC’S THIRD PARTY PROVIDERS, ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “RUSH CLUB, LLC PARTIES”) HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE RUSH CLUB, LLC PARTIES ARE MAKING THIS SITE AVAILABLE AS IS AND WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RUSH CLUB, LLC PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE RUSH CLUB, LLC PARTIES DO NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED, SECURE, BUG-FREE OR ERROR-FREE; NOR DO THE RUSH CLUB, LLC PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.
SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS WARRANTIES DISCLAIMER SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL THE RUSH CLUB, LLC PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THIS SITE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THIS SITE OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY RUSH CLUB, LLC OR ANY THIRD PARTY, IN CONNECTION WITH THIS SITE; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS SITE, EVEN IF THE RUSH CLUB, LLC PARTIES WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
WITH RESPECT TO ANY CONTEST OR COMPETITION OPERATED, HOSTED OR ORGANIZED BY RUSH CLUB, LLC THAT MAY BE ACCESSIBLE FROM, OR REQUIRE REGISTRATION ON, THIS SITE, each REGISTRANT OR PARTICIPANT agrees to be bound by RUSH CLUB, LLC’S RULES AND POLICIES and the decisions of RUSH CLUB, LLC, which shall be final. RUSH CLUB, LLC reserves the right to disqualify any person, entry, or e-mail address that RUSH CLUB, LLC determines to be in violation of any term contained in RUSH CLUB, LLC’S Rules OR POLICIES, or THESE TERMS AND CONDITIONS OF USE. RUSH CLUB, LLC IS not responsible for and shall not be liable for: (i) any errors in COMPETITION-related materials, or late, lost, delayed, damaged, misdirected, stolen, incomplete, illegible, unintelligible or postage-due entries (as applicable), notices, releases, forms, affidavits, or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, interruptions or difficulties of any kind; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond the control of RUSH CLUB, LLC that may cause the SITE, competition or judging to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of any prize, or acceptance, possession, or use of any prize, or from participation in the competition or arising from the registrant’s or participant’s access to and use of the site (and all related websites, including www.RawFitnessCombine.com), including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy, to the extent permitted by law; or (vi) any errors in any materials associated with the competition. RUSH CLUB, LLC reserves the right to cancel, suspend, and/or modify the competition if any problem corrupts the administration, security, or operation of the competition, as determined by RUSH CLUB, LLC in its sole discretion. RUSH CLUB, LLC reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry, registration, submission or voting process or the operation of the competition or to be acting in violation of RUSH CLUB, LLC’s Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the competition may be a violation of criminal and civil law, and, should such an attempt be made, RUSH CLUB, LLC reserves the right to seek damages from any such person to the fullest extent permitted by law. RUSH CLUB, LLC’s failure to enforce any term of RUSH CLUB, LLC’s Rules shall not constitute a waiver of that provision.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY RUSH CLUB, LLC PURSUANT TO THESE TERMS AND CONDITIONS OF USE, OR IN ANY OTHER WAY CONCERNING THIS SITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THIS SITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS NO WARRANTIES SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF RUSH CLUB, LLC IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF THE RUSH CLUB, LLC PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS AND CONDITIONS OF USE.
THE RUSH CLUB, LLC PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY libelous, defamatory, obscene, pornographic, abusive, threatening, unlawful, fraudulent, harmful, harassing, tortious, vulgar, hateful, racially, ethnically or otherwise objectionable or OFFENSIVE POSTING OR CONDUCT, ON THIS SITE BY ANYONE OTHER THAN AUTHORIZED RUSH CLUB, LLC EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE RUSH CLUB, LLC PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
RUSH CLUB, LLC DOES NOT ENDORSE, WARRANT OR GUARANTY ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SITE AND RUSH CLUB, LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties. In such jurisdictions, the above disclaimer will have the greatest extent permitted by applicable law.
Accuracy & Completeness
Due to constant advances in technology, strength and conditioning programs, and medicine, the possibility of typographical error, unexpected scheduling changes of meetings, events, certificate courses, seminars, contests, competitions and educational opportunities posted on this Site, and the wide variety of authors contributing to this Site, readers are encouraged to confirm the information contained herein with other sources. Corrections and additions will be made only as allowed by the availability of time and resources. The accuracy and timeliness of the information on this Site cannot be guaranteed.
YOU ACKNOWLEDGE AND AGREE THAT RUSH CLUB, LLC DOES NOT, AS A PRACTICE, MONITOR THE ACCURACY OR RELIABILITY OF CONTENT ON THIS SITE, NOR WILL WE HAVE ANY OBLIGATION OR LIABILITY TO DO SO. ALTHOUGH CARE HAS BEEN TAKEN IN PREPARING THE CONTENT, all information, services, and content that is provided here or could be reached by using THIS SITE, as a starting point is PROVIDED TO YOU AS-IS, WITH ALL FAULTS AND AS AVAILABLE. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE INFORMATION, SERVICES AND CONTENT AVAILABLE THEREON IS AT YOUR OWN RISK. NEITHER RUSH CLUB, LLC NOR ANY AUTHOR OR SUPPLIER CONTRIBUTING TO THIS SITE IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, SERVICES, OR CONTENT.
NEITHER RUSH CLUB, LLC, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE AND ANY CONTENT THEREON SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT OR SERVICES AVAILABLE THEREON OR WHICH CAN BE REACHED BY USING THIS SITE AS A STARTING POINT, OR ANY ERRORS OR OMISSIONS IN THE INFORMATION, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RUSH CLUB, LLC, ANY PARTICIPATING ORGANIZATION OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT THEREON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY.
You agree to defend, indemnify and hold harmless RUSH CLUB, LLC and any other party involved in creating, producing, delivering or maintaining this Site and each of their respective officers, directors, employees, staff, agents, licensors, suppliers and third party partners from and against all losses, expenses, damages and costs, including without limitation, reasonable attorney and accounting fees, resulting from your violation of these Terms and Conditions of Use, the breach by you of any representations, warranties and/or covenants contained herein or your use of this Site.
You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by RUSH CLUB, LLC. Cash prizes totaling more than $600.00 in a calendar year are subject to 1099 forms, you will be responsible. You acknowledge and agree that any such taxes shall be your sole responsibility. RUSH CLUB, LLC and/or any sponsor who provides a particular prize may report the value of the prize to local, state, provincial, national, or foreign taxing authorities.
Governing Law; Venue & Jurisdiction
The Terms and Conditions of Use are governed by the internal and substantive laws of the State of California without respect to its conflict of laws principles.
You expressly agree that exclusive jurisdiction for any dispute with RUSH CLUB, LLC, or in any way relating to your use of this Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction by the courts of the State of California in connection with any such dispute including any claim involving RUSH CLUB, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, content provides and any other party involved in creating, producing, delivering or maintaining this Site.
This Site is controlled and operated by RUSH CLUB, LLC from its offices within the State of California, United States of America. RUSH CLUB, LLC makes no representation that materials on or linked to from this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to United States export controls. No Software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the arbitration rules of JUDICATE WEST. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange California. Each party shall bear one-half of the arbitration fees and costs incurred through JUDICATE WEST, and each party shall bear its own attorneys’ fees.
If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms and Conditions of Use.
Our failure to exercise any right or remedy available upon your breach of these Terms and Conditions of Use or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (a) our rights or remedies, (b) the requirement of punctual performance or (c) any right or remedy in connection with a subsequent breach or default on your party. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such terms and condition or any other term or condition.
We may assign these Terms and Conditions of Use with or without notice to one or more third parties.