Challenge Anyone, Anywhere
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Ability to Contract
You agree that you are in a condition to agree to be legally bound by these Terms and Conditions. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and Conditions and register for the Service. The Service is not available to individuals who are younger than 13 years old. ChallengeLoop may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms and Conditions or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Service or Services in any way.
ChallengeLoop recommends that any and all visitors to the Site use common sense when making use of any information on the Site.
In order to access some areas of the Site, or participate in certain aspects of the Site, you will need to become a user and create an account. When creating your account, you agree to provide complete and accurate information. You shall be responsible for maintaining the secrecy of your log-in information, and ChallengeLoop accepts no responsibility for unauthorized use of the same. You agree not to use any log-in information not belonging to you.
Code of Conduct
In using the Site, you agree to abide by all applicable laws and regulations, and comply with community standards of decency in your activities. You agree to refrain from posting words or images that are obscene, defamatory, false, unlawful, or infringe upon others's rights, including intellectual property rights. You also agree to refrain from posting content that could be deemed an advertisement or solicitation where not explicitly authorized by ChallengeLoop.
User Reward Challenges
Users of ChallengeLoop may, at their sole risk and discretion, create a Reward Challenge for other users. Reward Challenges are not sweepstakes, contests, or lotteries, nor are they sponsored by or affiliated in any way with ChallengeLoop. You agree that your participation in any such Reward Challenge shall be at your sole risk. To the fullest extent permitted by law, ChallengeLoop, its officers, directors, employees, agents, partners, and sponsors, disclaim all warranties, express or implied, in connection with Reward Challenges and your use thereof. Neither Apple Inc. nor its affiliates are in any way affiliated with ChallengeLoop, Reward Challenges, or the users who offer the same.
Hosted Third Party Challenges
Links to Other Websites
Links to other websites may appear on this Site. Unless expressly stated otherwise, ChallengeLoop has no control over any such linked websites and is not responsible for and does not endorse or guarantee the content or services offered through such websites in any way. By accessing such websites, you do so at your own risk.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Intellectual Property Coordinator, Kelli Davis with the following information, in writing (see 17 U.S.C. 512(c)(3) for further detail):
Modifications to Policy
Termination of Account
ChallengeLoop has the exclusive right to terminate your account for any reason, at any time. It may also include the termination of the ability to participate in this Site.
You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, ChallengeLoop, its officers, directors, employees, agents, partners, and sponsors, disclaim all warranties, express or implied, in connection with the Site and your use thereof. ChallengeLoop makes no warranties or representations about the accuracy or completeness of this site's content, the content of any sites linked to this site, the suitability of any exercises, trainers, challenges, or other content for any given visitor or user, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, or the like that may be transmitted to or through our Site by any third party, (vi) any injuries, problems, or other adverse reactions that may result from performing or utilizing any exercises, trainers, challenges, or information on the Site, and/or (vii) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.
Limitation of Liability
In no event shall ChallengeLoop, its partners, sponsors, representatives, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to, use of, and/or use of any information from, our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site by any third party, and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site. Such limitation shall apply to the fullest extent authorized by the law of the governing jurisdiction.
You specifically acknowledge that ChallengeLoop shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You further specifically acknowledge that ChallengeLoop is not responsible for and in no event shall be liable to for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any third party event hosted, advertised, or otherwise listed or linked to this Site.
You further specifically acknowledge that financial transactions, bets, and wagering among ChallengeLoop users in relation to or connection with use of the Site or challenges are strictly prohibited. ChallengeLoop does not engage in the business of betting or wagering, nor should its users. A "bet or wager" is defined as the staking or risking by any person of something of value upon the outcome of a contest of others, a sporting event, or a game subject to chance, upon an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome. This also includes the purchase of a chance or opportunity to win a lottery or other prize. You further specifically acknowledge that ChallengeLoop, its partners, sponsors, representatives, and agents in no way accept, record, or facilitate the exchange of any payments, credits, or wagers among users or with third parties and shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from the same.
You agree that you will defend and indemnify ChallengeLoop and its representatives and agents for any and all claims, demands, causes of action, lawsuits arising out of your use of the site to the full extent authorized by law. Such indemnity shall include the payment of attorney's fees to ChallengeLoop's counsel of choice for defense of said claim. This obligation will not be terminated if you cease using the Site.
You agree to submit any dispute between you and ChallengeLoop to binding arbitration pursuant to JAMS rules or, if unable, to the American Arbitration Association (AAA). Such arbitration must be initiated and prosecuted in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The costs of arbitration will be borne by ChallengeLoop, unless the claim is deemed frivolous as determined by the arbitrator. The prevailing party shall be awarded attorneys's fees. If claimant prevails, the minimum award shall be $7,500.
Applicable Law and Venue
ChallengeLoop is a corporation doing business in the State of California, and its Site is run in the State of California. You expressly consent that if there is ever a dispute between you and ChallengeLoop, for any reason, such arbitration shall be venued in the County of San Diego, State of California. Any such dispute shall be governed by the laws of the State of California.
This Agreement constitutes the entire understanding and agreement between ChallengeLoop and you with respect to the transactions contemplated in this Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of Agreement, all of which are merged into this Agreement. This Agreement shall not be modified, amended or in any way altered except by an instrument in writing signed by authorized representatives of both parties.
This Agreement may be accepted in electronic form (e.g., by an electronic or other means of demonstrating asset) and your acceptance will be deemed binding between you and ChallengeLoop. You will not contest the validity or enforceability of this Agreement, including under any applicable statute of frauds, because it was accepted or signed in electronic form. Electronically maintained records when produced in hard copy form shall constitute business records and shall have the same validity as any other generally recognized business records.
Severability and Survival
In the event that any provision of this Agreement is found invalid or unenforceable pursuant to applicable law or judicial decree, the remainder of this Agreement will remain valid and enforceable according to its terms. Any failure by ChallengeLoop to strictly enforce any provision of this Agreement will not operate as a waiver of the provision or any subsequent breach of that provision. The disclaimers, limitations of liability and indemnification provisions will survive any termination or expiration of this Agreement. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.