Challenge Hound: Terms of Service

1. Terms

By accessing the website at www.challengehound.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Challenge Hound's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on Challenge Hound's website;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Challenge Hound at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer of Warranties and Liability

The materials on Challenge Hound's website, and apps, are provided on an 'as is' basis. Challenge Hound makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Challenge Hound does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
You explicitly agree that Challenge Hound does not provide medical advice. The content available through Challenge Hound, including all text, photographs, images, illustrations, graphics, audio, video, and audio-video clips, as well as other materials provided by us, other account holders, or third parties, is not intended to replace (a) the advice of your physician or other medical professionals, (b) a visit, call, or consultation with your physician or other medical professionals, or (c) information found on product packaging or labels. If you have any health-related questions, please contact your physician or healthcare provider promptly. In case of an emergency, call your physician or 911 immediately. You should never ignore or delay seeking medical advice due to any content on Challenge Hound, and you should not use Challenge Hound or its content for diagnosing or treating health issues. The transmission and receipt of our content, in whole or in part, or communication via the internet, email, or other means does not establish a doctor-patient, therapist-patient, or other healthcare professional relationship between you and Challenge Hound.
You explicitly acknowledge that your athletic activities (including, but not limited to, cycling, running, or participating in a Challenge Hound challenge) involve inherent and significant risks of property damage, bodily injury, or death. You voluntarily assume all known and unknown risks associated with these activities, even if such risks are caused in whole or in part by the actions, inactions, or negligence of Challenge Hound or others.
You explicitly acknowledge that Challenge Hound is not responsible for inspecting, supervising, preparing, or conducting any race, contest, challenge, or group activity that uses Challenge Hound, including those organized by challenge administrators.
Under no circumstances shall Challenge Hound or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or business interruption) resulting from the use or inability to use the materials on Challenge Hound's website or apps, even if Challenge Hound or an authorized representative has been advised of the possibility of such damages. Because some jurisdictions do not allow limitations on implied warranties or liability for consequential or incidental damages, these limitations may not apply to you.
You explicitly agree to release Challenge Hound, its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors (the "released parties") from any and all liability related to your athletic activities and/or use of Challenge Hound"s websites, mobile applications, content, services, or products. You promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with such use. Additionally, you agree that the released parties shall not be liable to you or any third party for any direct, indirect, punitive, incidental, special, or consequential damages arising from (a) your use or misuse of the services, (b) your use or misuse of equipment or programs created by challenge administrators during athletic activities, (c) your interactions with third-party service providers or advertisers available through the services, (d) any delay or inability to use the services, or (e) any information, software, products, services, or content obtained through the services, whether based on contract, tort, strict liability, or otherwise, even if Challenge Hound has been advised of the possibility of such damages.
Because some states or jurisdictions do not permit certain exclusions or limitations of liability, such as those for consequential or incidental damages, some of the above limitations or exclusions may not apply to you. By entering into this release, you acknowledge that you have read and understood, and hereby expressly waive the benefits of, Section 1542 of the Civil Code of California (and any similar law of any state, country, or territory), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by them must have materially affected their settlement with the debtor."
Challenge Hound does not endorse your content or any other user's content and specifically disclaims any responsibility or liability for any loss, damage (whether actual, consequential, indirect, punitive, or otherwise), injury, claim, liability, or other cause of any kind resulting from any content on the services.
The company's maximum aggregate liability to you pursuant to these terms shall not exceed the greater of either (a) fifty dollars ($50) or (b) the amount of fees paid by you to Challenge Hound in the 12-months prior to date the claim.
If you are a consumer residing in the european union, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.

4. Indemnity

You agree to indemnify and hold harmless Challenge Hound and its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from content you submit, post, transmit, or otherwise make available through Challenge Hound; your use of Challenge Hound; your athletic activities that generate the content you post or seek to post on Challenge Hound (including, but not limited to, athletic activities related to any challenges, contests, races, or other events powered or organized by Challenge Hound); your connection to Challenge Hound; your violation of the Terms; your violation of any data protection or privacy laws; or your violation of any rights of another person or entity. Your rights regarding Challenge Hound are not modified by this indemnification if the laws of your country of residence, applicable due to your use of Challenge Hound, do not permit it.

5. Accuracy of materials

The materials appearing on Challenge Hound's website could include technical, typographical, or photographic errors. Challenge Hound does not warrant that any of the materials on its website are accurate, complete or current. Challenge Hound may make changes to the materials contained on its website at any time without notice. However Challenge Hound does not make any commitment to update the materials.

6. Links

Challenge Hound has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Challenge Hound of the site. Use of any such linked website is at the user's own risk.

7. Modifications

Challenge Hound may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Ridgefield, CT and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Contact Challenge Hound with any other concerns or questions.