If any of the Site's services have additional terms or conditions, privacy statements or other policies ("Additional Terms"), then those Additional Terms shall apply in connection to Muscleware. To the extent of any conflict between the Additional Terms and these Terms, the Additional Terms shall govern. If you do not want to be bound by these Terms, do not use Muscleware or access the Site.
When these Terms use the term "Promoter", we mean event creators using Muscleware's Services to create events displayed on the Site for which consumers and Athletes may register.
Consumers and prospective registrants for events hosted on the Site are both referred to in these Terms collectively as "Users", "Athletes", "you" and "your".
Muscleware provides a standardized means for Athletes to register for events and competitions and for Promoters to:
a. organize and promote athletic events;
b. collect and manage information relating to Athletes' participation in such events; and
c. to manage online registration in relation to athletic events.
Muscleware is not the creator, organizer or owner of the events that it facilitates registration for. Rather, Muscleware provides its Services to Promoters, which manages registration and promotion of events. The Promoter selects the payment processing method for its event, but in all cases the Promoter either rely on third parties for payment processing or the Promoter will process payments directly. Athletes must use whatever payment processing method(s) the Promoter selects.
Your payment is not collected by Muscleware. Regardless of whatever processing method a Promoter selects, under no circumstances will Muscleware process your payment transaction directly. Muscleware transmits your payment details to the Promoter's designated payment provider or the Promoter itself. Accordingly, Muscleware does not act as an agent or affiliate of the Promoter and accepts no liability for your payment to the Promoter or its designated third party.
When you complete registration for an event as an Athlete, you will receive a confirmation email that will direct you to your Athlete Page on the Site. On this page you can review your registration details, such as your class and other information you have submitted to Muscleware in conjunction with your registration.
It is your obligation to review this information and to ensure that it accurately reflects the information you have submitted to Muscleware. As further described in Section 13 of these Terms, Muscleware makes no warranties or guarantees in relation to the accuracy of the information on your Athlete Page and it is your sole obligation to notify Muscleware of any such errors or inaccuracies.
In using the Site or any service provided by Muscleware, you agree not to:
a. violate any laws;
b. disseminate false or misleading information;
c. infringe any rights held by third parties (including intellectual property rights);
d. distribute malware, adware, viruses or software intended to cause harm or damage to Muscleware or third parties;
e. copy, modify or redistribute any of the Site's content or the content of any other person; or
f. reverse engineer, decompile or disassemble the Site or Muscleware's technology (the "Muscleware System") or any portion thereof, nor otherwise attempt to create or derive the Muscleware System except as permitted by law.
Muscleware has the sole right at any time and without prior notice to revise these Terms. Muscleware will post changes on the Site and it is your responsibility to review these Terms and any modifications.
Muscleware has the right at any time and without prior notice to terminate some or all of the Site's services, any feature or portion thereof, or any products or services offered, and to terminate your right to access or use the Site, it's services or any feature or portion thereof.
You agree to comply with all applicable laws and regulations regarding your use of the Site.
The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data and other material on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or may be out of date. Muscleware may change, delete or update Content at any time. The Content is provided for informational purposes only and is not binding on Muscleware.
All content, logos, graphics, pages, scripts, and service names included in or made available through the Site are subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in Canada and other countries. Muscleware's intellectual property may not be used without Muscleware's written permission. All other trademarks and service marks not owned by Muscleware that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Muscleware.
You agree and acknowledge that any unauthorised reproduction, use or disclosure of the Muscleware System or any part thereof is likely to cause irreparable injury to Muscleware, who shall therefore be entitled to injunctive relief to enforce these Terms in addition to any other remedies available at law, equity or otherwise.
You may view and use the Content for your personal information and for Athlete registration and for no other purpose. Muscleware does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site.
By using the Site and providing information and content to Muscleware, you hereby grant Muscleware with an irrevocable and unlimited licence to use any copyrighted materials, trade-marks or other forms of intellectual property owned by you or assigned to you. By agreeing to these Terms, you warrant that you have obtained the necessary consent and authorisation of any other interested parties with respect to photographs or information you provide to Muscleware for publication on the Site or otherwise.
The Site may permit or require you to enter information to secure additional benefits, including registration as an Athlete in an athletic competition. You agree to provide, maintain and update, true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's name, likeness, image or photograph. You also agree to promptly notify Muscleware at firstname.lastname@example.org of any unauthorized use of personal or account information or any breach of security involving or relating to the Site.
Muscleware allows you to submit content, including (but not limited to) your name, telephone number, photograph, contact and other information, data and works. Any materials (including the foregoing categories) that you provide to contribute, provide, post or make available to Muscleware is "Your Content".
Muscleware does not make any claim to Your Content. However, you are solely responsible for Your Content. You hereby grant Muscleware a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and licence to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purposes of operating the Services (including Muscleware's promotional and marketing services, which may include without limitation, promotion of an athletic event on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content.
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content:
a. does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party;
b. complies with all applicable local, state, provincial, national and other laws, rules and regulations; and
c. does not violate these Terms.
Unless prohibited by applicable law, Muscleware makes no warranties or representations whatsoever with respect to the Site, any linked site or its content, including the availability of any site or the content, information and materials on it or the accuracy, completeness, or timeliness of that content, information, and materials. Muscleware also does not warrant or represent that your access to or use of the Site or any linked site will be uninterrupted or free from errors or omissions, that defects will be corrected, or that the Site or any linked site is free of computer viruses or other harmful components. Without limited the foregoing, all content provided on or through the Site is provided to users "as is", with no warranty of any kind, either express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The "as is" condition of content is expressly made a condition of any transaction arising through or as a result of Muscleware's services.
Unless prohibited by applicable law, Muscleware shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the use of the Site, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Muscleware has been advised of the possibility of such damages. Under no circumstances shall Muscleware be liable to you for any amount.
By using the Site, you consent to receive communications from Muscleware electronically. Muscleware will communicate with you by email or by posting notices on the Site. You agree that all notices, disclosures, agreements and other communications that Muscleware may provide electronically satisfies any legal requirement that such communications be in writing.
Links to other websites operated by third parties, including Muscleware's vendors (if any), do not constitute sponsorship, endorsement, or approval by Muscleware of the content, policies, or practices of such linked sites. Muscleware does not operate, control, or maintain linked sites and is not responsible for their availability, content, security, policies or practices. Links to other sites are provided for your own convenience and you access them at your own risk.
Muscleware reserves the right at any time after receipt of your registration to accept or decline your registration, or any portion thereof, even after your receipt of registration from Muscleware, for any reason. Muscleware reserves the right to amend your registration and to refuse any service to any Athlete without prior notification.
Upon Muscleware's delivery of registrant information to the promoter of the specific athletic competition or show you have registered for, the risk of loss and title for the maintenance of your registration passes to you.
Any disputes regarding payment for your registration shall be directed to the Promoter. You agree that under no circumstances will Muscleware be liable for any losses you incur as the result of the Promoter or its designated third party's collection of your payment.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Muscleware, and their respective subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and legal fees, or every kind and nature.
These Terms shall be governed by the laws of the province of Ontario, Canada. You agree to jurisdiction in Ontario and you will initiate any claim in connection with the use of the Site or these Terms in Ontario, Canada.
Nothing in this Section shall prevent Muscleware from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorised access to the Site.
No waiver of any of term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Muscleware's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.