TERMS OF USE

Name: Charlotte Heptathlon
Start: 2023-05-20T08:30:00-04:00
Location: 9535 Monroe Rd, Charlotte, NC 28270

Effective: May 16, 2016

Last updated: January 22, 2023

The https://charlotteheptathlon.com website is operated by Charlotte Heptathlon, a 501(c)(3) organization based in Charlotte, North Carolina (“we” or “us”). These Terms of Use apply to https://charlotteheptathlon.racesonline.com (the “Site”). Your access to and use of the Site reflects your agreement to be bound by these Terms of Use. We reserve the right to change these Terms of Use from time to time, and at any time, without prior notice. By using the Site following any changes to these Terms of Use, you agree to be bound by any such changes to these Terms of Use.

1. Use of Site Content. The Site may be used only for your personal or information purposes of a non-commercial nature. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site without our prior written permission.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material on the Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the material from the Site solely for your own internal, noncommercial, lawful use. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, or (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems or social media or mobile platforms through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Use of any of our Site made available through a third-party platform is also subject to the platform’s applicable terms and conditions.

Our Site may contain additional terms and conditions, for example, terms and conditions applicable to registration, donations, volunteers and our events, all of which are incorporated by reference herein. Please carefully review all such additional terms and conditions.

2. Unsolicited Submissions; Accuracy of Information. Any non-personal information, remarks, suggestions, ideas, graphics or material you submit to us by email, download, or otherwise (“Unsolicited Submission”) is non-confidential. You understand that by providing an Unsolicited Submission to us, you grant to us and our designees a world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully-transferable, assignable and sublicenseable right and license to use, distribute, copy, reproduce, disclose, transmit, modify, translate, adapt, create derivative works from, publicly perform, publish and/or display in any format or medium and otherwise exploit all such Unsolicited Submission (in whole or in part), including all data, images, creative works, sounds, text, and other things embodied therein, for any and all commercial or noncommercial purposes. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose, without any compensation to you. We do not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you. You acknowledge and agree that you are solely responsible for the accuracy and content of the information you submit to us. You agree to provide accurate and truthful information. You agree to promptly notify us if information you provided becomes or is discovered to be inaccurate, untruthful or misleading.

3. Accounts. You may choose to set up an account with us. When you create an account with us, you represent to us that the information you provide us is truthful, accurate, complete, current and otherwise in compliance with these Terms of Use at all times. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms of Use may result in immediate termination of your account on the Site. You are responsible for maintaining the confidentiality of your account information, including, but not limited to, your account password and the restricting access to your device and/or your account. You are responsible for any and all activities that occur under your account, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us if you desire to cancel your account on the Site. You may not use anyone else’s password or account at any time on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Site if your failure to keep your account information secure and confidential results in someone else’s use of your account or account information.

4. Intellectual Property. We and our licensors own all right, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership in or rights to of any of the foregoing. The Site is copyrighted as a collective work under the United States’ and other copyright laws, and is the property of Charlotte Heptathlon or our licensors. The collective work includes works that are licensed to us. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Charlotte Heptathlon or its licensors, partners or affiliates. We do not grant any license or other authorization to use the Marks except through a separate written license agreement. You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Site, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site, or any features or functionality of the Site, to any third party for any reason, including, without limitation, by making the Site available on a network where it is capable of being accessed by more than one device at a time.

5. Linking. The Site may contain links to other websites, which may be of interest to you. We are not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms of Use no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate.

6. Privacy Policy. Along with these Terms of Use, please read our Privacy Policy and refer to it before you submit any personal information to the Site. The Privacy Policy is hereby incorporated and made part of these Terms of Use.

7. Disclaimer. THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHARLOTTE HEPTATHLON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CHARLOTTE HEPTATHLON DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHARLOTTE HEPTATHLON DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR DELETION OF YOUR ACCOUNT.

8. Limitation of Liability. IN NO EVENT SHALL CHARLOTTE HEPTATHLON, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $10 (UNITED STATES DOLLARS).

BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnity. You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, any third party right or of these Terms of Use, or any activity otherwise related to your use of the Site (including negligent or wrongful conduct), by you or any other person accessing the Site using an account registered to you.

10. Jurisdictional Issues. The Site is operated out of the United States. The Site may not be available to users outside of the United States. Charlotte Heptathlon makes no representation that materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on the Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.

11. Miscellaneous. These Terms of Use are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts of Mecklenburg County, North Carolina. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. By using the Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Charlotte Heptathlon may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

12. Contact Us. We welcome your questions and comments about our Terms of Use. Please contact us by e-mail at info@charlotteheptathlon.com.