By accessing https://www.boulderthon.org/ and participating in Boulderthon, you agree to our terms of service below and our Participant Waiver below.
PARTICIPANT WAIVER
1. Authority to Register and/or to Act as Agent
You represent and warrant to Stronger Faster Boulder Co (“Stronger Faster Boulder Co”) that you have full legal authority to complete this event registration on behalf of yourself and/or any party you are registering (the "Registered Parties"), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Waiver, Stronger Faster Boulder Co refers to Stronger Faster Boulder Co and any and all subsidiaries, affiliated entities, or entities that control or are controlled by Stronger Faster Boulder Co singly or together and its officers, employees, contractors, subcontractors and agents. If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this event registration, you agree that the terms of this Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child's information which you provide for the purposes of registration.
2. Waiver
YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE Stronger Faster Boulder Co FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer of Warranties
Stronger Faster Boulder Co SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE Stronger Faster Boulder Co OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH Stronger Faster Boulder Co OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Stronger Faster Boulder Co HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF Stronger Faster Boulder Co IS AT YOUR SOLE RISK. Stronger Faster Boulder Co IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Stronger Faster Boulder Co EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Stronger Faster Boulder Co makes no warranty that the Stronger Faster Boulder Co sites' services will be uninterrupted, secure or error free. Stronger Faster Boulder Co does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Stronger Faster Boulder Co sites. Stronger Faster Boulder Co is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Stronger Faster Boulder Co sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
4. Indemnification
You agree to indemnify and hold each of Stronger Faster Boulder Co harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your use of Stronger Faster Boulder Co or the violation of any term of this Waiver as well as the Terms of Service located on our website by you.
5. Applicable Law; Consent to Jurisdiction
The Stronger Faster Boulder Co sites (excluding linked sites) are controlled by Stronger Faster Boulder Co from its offices within Colorado, United States of America. By completing this event registration, both you and Stronger Faster Boulder Co agree that the statutes and laws of Colorado, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Waiver, the Terms of Use or other use of the Stronger Faster Boulder Co sites. You agree that exclusive jurisdiction for any dispute with Stronger Faster Boulder Co resides in the courts of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Colorado in connection with any dispute including any claim involving Stronger Faster Boulder Co or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
6. Severability
You further expressly agree that this Waiver is intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Colorado and that if any provision of this Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver and shall not affect the validity and enforceability of any remaining provisions.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
EVENT DISCLAIMER:
PARTICIPANT WAIVER
By indicating your acceptance, you understand, agree, warrant, and covenant as follows: Release and Waiver of Liability Agreement: all participants in the Boulderthon® and Half Marathon and related events ('Race') are required to assume all risk of participation in the Race by signing this release and waiver of liability agreement.
RELEASE
The participating athlete ("Athlete") on behalf of himself/herself and on behalf of the Athlete's personal representatives, assigns, heirs, executors, hereby fully and forever releases, waives, discharges and covenants not to sue Stronger Faster Boulder Co.; City of Boulder and its employees, officers, and elected officials; Boulder County and its employees, officers, and elected officials; Colorado Department of Transportation, and any other sponsoring or co-sponsoring companies, permitting authorities, agencies, individuals, and volunteers related to the Race (collectively, "Releasees") from all liability to the Athlete and his/her personal representatives, assigns, heirs and executors, for all loss(es) or damage(s) and any and all claims or demands therefore, on account of injury to the Athlete or property or resulting in the death of the Athlete, whether caused by the active or passive negligence of all or any of the Releasees or otherwise, in connection with the Athlete's participation in the Race. The Athlete represents and warrants that he/she is in good physical condition and is able to safely participate in the Race. The Athlete is fully aware of the risks and hazards inherent in participating in the Race and hereby elects to voluntarily compete in the Race, knowing the risks associated with the Race, including, without limitation, weather conditions such as high heat and/or humidity, traffic and the condition of the road, all such risks being known and appreciated by the Athlete. The Athlete hereby assumes all risks of loss(es), damage(s), or injury(ies) that may be sustained by him/her while participating in the Race. The Athlete agrees to the use of his/her name and photograph in broadcasts, newspapers, brochures and other media without compensation. In the event the Race is delayed or prevented by reason of fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, acts of God or the elements (including, without limitation, hurricanes, tornadoes and earthquakes), or any other cause beyond the control of Stronger Faster Boulder Co., there shall be no refund of the entry fee or any other costs of the Athlete in connection with the Race. The Athlete hereby grants to the medical director(s) of the Race and his or her agents, affiliates and designees, access to all medical records (and physicians) as needed and authorizes medical treatment as needed. The Athlete warrants that all statements made herein are true and correct and understands that Releasees have relied on them in allowing the Athlete to participate in the Race.
WAIVER OF LIABILITY
The Athlete understands that participation in the event is potentially hazardous, and that a registered party should not participate unless they are medically able and properly trained. You understand that events may be held over public roads and facilities open to the public during the event and upon which hazards are to be expected. Participation carries with it certain inherent risks that cannot be eliminated completely ranging from minor injuries to catastrophic injuries including death. You understand and agree that in consideration of being permitted to participate in the event, you and any registered party, the heirs, personal representatives or assigns of you or the registered party do hereby release, waive, discharge and covenant not to sue Releasees for any and all liability from any and all claims arising from participation in the event by you or any registered party, including death, injury, property damage, and lost or stolen items. By indicating your acceptance of this agreement and waiver, you are affirming that you have read and understand this agreement and waiver and fully understand its terms. You understand that you are giving up substantial rights, including the right to sue. You acknowledge that you are signing the agreement and waiver freely and voluntarily, and intend your acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law. For and in consideration of USA Track & Field, Inc. (“USA Track & Field”) allowing me, the undersigned, to participate in the USA Track & Field sanctioned event described above (the “Event” or “Events”); I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);
1. I hereby represent that (i) I am at least eighteen (18) years of age (or this Agreement is agreed to by my parent, natural guardian, or legal guardian (the “Guardian”)); (ii) I am in good health and in proper physical condition to participate in the Event; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am responsible for my own safety and well-being at all times and under all circumstances while at the Event site.
2. I understand and acknowledge that participation in track & field, road running, race walking, cross country, mountain, ultra, trail running, and hand cycle or other mobility impaired Events is inherently dangerous and represents an extreme test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers associated with participation in the Event and sport of track & field and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event. 3. I agree to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competition Rules adopted by USA Track & Field, U.S. Paralympics, and any safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment. 4. I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties: USA Track & Field, Inc., its members, clubs, associations, sport disciplines and divisions; United States Olympic Committee (USOC); the event directors, the host organization and the facility, venue and property owners or operators upon which the Event takes place; and any other organizers, promoters, sponsors, advertisers, coaches and officials for this Event; law enforcement agencies and other public entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim. 5. As a condition of my participation in the Event, I hereby grant USA Track & Field, Inc., the event director and host organization a limited license to use my name, likeness, image, photograph, voice, video, athletic performance, biographical and other information (collectively, “Likeness”), in any media platform or format whatsoever, and to distribute, broadcast and exhibit these without charge, restriction or liability, but only for the purposes of advertising or promoting the Event, USATF, or the sport of Athletics. The foregoing grant, however, does not constitute consent for USATF or any third party to use my Likeness in an endorsement of any product or service without my specific written consent. I hereby warrant that I (or the Guardian, if I am under the age of 18) am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. If the participant is under the age of 18, the Guardian hereby agrees to release and discharge the Released Parties as follows: a) The Guardian acknowledges and understands that the Event is inherently dangerous and represents an extreme test of a person’s physical and mental limits. Further, the Guardian acknowledges and understands the Risks, as defined above. b) The Guardian acknowledges the rights waived by both the Guardian and the participant by accepting this Agreement. c) The Guardian acknowledges that the Guardian will indemnify the Released Parties from any and all Liability which may arise out of, result from, or relate in any way to the participant’s participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties.
LIMITATION OF LIABILITY
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. SFB SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF SFB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY SFB. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Event Terms and Conditions
No Refunds Policy
Event Postponement or Cancellation
Deferment Credit
Assumption of Risk
Force Majeure
By completing registration, you confirm that you have read, understood, and agree to these terms and conditions.
Indemnity
You agree to defend, indemnify, and hold SFB, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
Welcome to https://www.boulderthon.org/, the official website of Stronger Faster Boulder Co. and Boulderthon®. We may refer to ourselves on this page, as: “SFB” “Stronger Faster Boulder,” “Boulderthon™”, “Boulderthon” “The Boulderthon™” “we,” “our,” or “us.” We refer to you as “you” or “your.”
Terms of Use
PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE:
Stronger Faster Boulder Co. (“SFB”) maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the SFB Site and SFB Merchandise Site (the “Websites” or “Sites”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website. Terms & Conditions are subject to change. Please refer to our website, FAQ, and Race Weekend section, for latest information and updates on Boulderthon. For any questions, please don’t hesitate to email us at support@boulderthon.org.
Refunds & Deferrals
If you are a presale runner and registered prior to 12/31/23 11:59pm MDT, you can receive a full refund up to 90 days prior to their registered Event Date. NO REFUNDS ARE POSSIBLE WITHIN 90 DAYS OF THE EVENT DATE. Please contact us about refunds at support@boulderthon.org.
For all runners who registered after 1/1/24 at 12:00am MDT, no refunds are possible, but you may be able to defer your entry. See below.
Boulderthon offers a $20 down payment option with the remaining payments due in 6 monthly installments prior to the Event Date for a 15% fee. If choosing to pay in installments (vs. pay in full), all payments on the payment plan (including the initial deposit) are final and non-refundable.
Registration Transfers - Must Be Requested At Least 14 Days Prior to Event Date
No requests can be honored within 13 days of Event Date (or after the Event Date).
A request must be sent no later than two weeks prior to the event by the runner who purchased the registration with the name, address, email, gender and date of birth of the runner taking their place to hi@boulderthon.org. A registration transfer processing fee of $30 will be incurred.
Deferrals
If you are a presale runner (registered prior to 12/31/23 11:59pm MDT), you receive complimentary deferrals up to and including Race Day. You may defer once, you will not be eligible to defer more than one time. For all runners who registered after 1/1/24 at 12:00am MDT, you may request a a deferral for any reason if you cannot run, for the following edition only, for a $30 processing fee. Contact us at support@boulderthon.org to request a deferral.
Registration Transfers - Must Be Requested At Least 14 Days Prior to Event Date
No requests can be honored within 13 days of Event Date (or after the Event Date).
A request must be sent no later than two weeks prior to the event by the runner who purchased the registration with the name, address, email, gender and date of birth of the runner taking their place to hi@boulderthon.org. A registration transfer processing fee of $30 will be incurred.Deferrals cannot be transferred to another runner.
Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
YOUR USE IF THE WEBSITE WILL BE DEEMED TO BE ACCEPTANCE OF THE TERMS OF USE, SECTION A.
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
Changes to Terms
SFB may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website.
Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.
Jurisdiction
The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. SFB makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Scope of Use & User Email
You are only authorized to view, use, copy for your records and download SFB portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. SFB shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of SFB is strictly prohibited.
Copyrights & Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and
non-commercial use; however, any print out of this Site, or portions of the Site, must include SFB’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of SFB.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of SFB. You may not use a part of this Website on any other Website, without SFB’s prior written consent.
SFB respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at hi@boulderthon.org.
Copyright infringement is a violation of federal law subject to criminal and civil penalties.
Links
For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, SFB does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to SFB’s website and the products and services SFB offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. SFB reserves the right to terminate any link or linking program at any time. SFB disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
You may not link to this Website without SFB’s written permission. If you are interested in linking to this Website, please contact hi@boulderthon.org.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to SFB that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. 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.
Spamming
Gathering email addresses from SFB through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with SFB should be directed to: hi@boulderthon.org.
NO WARRANTIES
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH SFB EXPRESSLY DISCLAIMS. SFB DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND SFB WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. SFB MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY SFB. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Governing Law, Location, and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the State of Washington USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
Separate Agreements
You may have other agreements with SFB. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with SFB.
DMCA Copyright Policy & Copyright Agent
SFB respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
The Site’s Copyright Agent can be reached at:
Philip Dumontet
Boulder, CO 80302
phil@boulderthon.org
No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
Users Disputes
You are solely responsible for your interactions with other Users. SFB reserves the right, but has no obligation, to monitor disputes between you and other Users, messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. SFB has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any SFB confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. 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 held in Colorado, USA.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at hi@boulderthon.org.
PAYMENT TERMS
Boulderthon offers a $20 down payment option with the remaining payments due in 6 monthly installments prior to the Event Date for a 15% fee. If choosing to pay in installments (vs. pay in full), all payments on the payment plan (including the initial deposit) are final and non-refundable.
Terms of Sale
Supplier Details:
o Supplier name: Stronger Faster Boulder Co, a 501(c)(3) tax-exempt nonprofit
o Supplier corporate/entity ID: 84-2863972
o Supplier address: 645 Tenacity Drive, Unit E, Longmont CO 80504
o Email Address: hi@boulderthon.org
TERMS AND CONDITIONS OF SALE
(the “Conditions”)
1. INTERPRETATION
The following definitions and rules of interpretation apply in these Conditions.
1.1 Definitions:
'Business Day' a day other than a Saturday, Sunday or a holiday observed by national or federally chartered banks.
'Charges' the charges payable by the Customer for the supply of the Services in accordance with clause 5.
'Contract' the contract between the Supplier and the Customer for the supply of Services in accordance with these terms and conditions.
'Customer' the person or who purchases Services from the Supplier; “you”.
'Front Sheet' the front sheet to these Conditions setting out details of the Supplier.
‘Platform Provider’ means Easol Inc.
'Intellectual Property Rights' means patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, trade secrets, goodwill and the right to sue for passing, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
'Services' the experiences, events, goods and services made available by the Supplier to the Customer on the Website or otherwise provided by the Supplier to the Customer.
'Supplier' the supplier of the Services, with our details set out in the Front Sheet; “we” or “us”.
‘Website’ means the Supplier’s ecommerce site which is hosted by the Platform Provider.
1.2 Interpretation:
1.2.1 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.2.2 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.2.3 A reference to writing or written includes fax and email.
2. CONTRACT FOR SERVICES
2.1 The booking constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.2 These Conditions will apply to all bookings you make with us.
2.3 The booking shall only be deemed to be accepted when the Supplier or any person authorized by the Supplier issues a confirmation of the booking (“Booking Confirmation”) at which point and on which date the Contract shall come into existence.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.5 Any quotation given by the Supplier shall not constitute an offer.
2.6 Our Website is run on the platform operated by the Platform Provider. The Platform Provider has no control over the products or services or any of the information or content on the Website.
• Any booking or order for a product or service that you make on the Website is between you and Supplier. There is no contractual relationship between you and the Platform Provider in relation to the Website or any products or services on that site. If you have any questions, concerns, complaints, or wish to cancel your order or booking, you should contact the Supplier directly.
2.6.1 Nothing in this Contract shall affect the Customer's applicable statutory rights as a consumer.
3. CUSTOMER'S OBLIGATIONS
3.1 The Customer shall:
3.1.1 Ensure that the terms of the booking, and any information it provides are complete and accurate;
3.1.2 Co-operate with the Supplier in all matters relating to the Services;
3.1.3 Provide the Supplier and/or the Platform Provider with such information as the Supplier and/or the Platform Provider may reasonably require in order to process the order and supply the Services, and ensure that such information is complete and accurate;
3.2 The following restrictions apply in respect of purchasing Services:
3.2.1 Bookings may only be made by individuals who are 18 years or over. If you are bringing a minor as a guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of the Service, and have read this agreement and agree to it on the minor’s behalf.
3.2.2 You may book on behalf of yourself or another. The Customer who makes the booking shall be responsible for all deposits and payments due.
3.2.3 Certain Services may only be suitable for certain types of individuals. Customer must carefully review the criteria and waivers for you and travellers in your group to agree to. [Female travellers in an advanced stage of pregnancy on the date of departure may be required to present a doctor’s certificate evidencing their fitness for travel. Given the nature of some of the activities, not all Services are suitable for individuals with reduced mobility. If you have any questions, please contact us to discuss whether the Services are suitable for you and your party before booking.
3.3 You must take responsibility for the safeguarding of your personal belongings while participating in the Services (from the point of departure to return, including all scheduled activities). No responsibility can be taken by Supplier for any loss or damage to you or a travelling party’s personal belongings.
3.4 Supplier accepts no liability for any incorrect information given by you whether in relation to you or others that you are booking on behalf of. Services may not be provided if incorrect information is given.
3.5 If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):
3.5.1 without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend or terminate performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;
3.5.2 The Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 3.5; and
3.5.3 The Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
3.6 Assumption of the Risk.
3.6.1 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CUSTOMER KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN SUCH SERVICE, INCLUDING EACH SERVICE IN YOUR IMMERSIVE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE SUPPLIER OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE SERVICE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE SERVICE.
3.7 Release and Waiver. You acknowledge and agree that:
3.7.1 You have reasonably assessed the risks involved in the Services and have made an informed and voluntary choice to participate.
3.7.2 You alone, and not the Supplier, are responsible for determining your fitness for participating in the Services and your ability to fully understand any directions or warnings presented.
3.7.3 You will not participate in any Services when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that particular Service.
3.7.4 You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Services. If you notice any hazard during a Service, you will stop participating in the Service immediately.
3.7.5 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE THE SUPPLIER FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
3.7.6 If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.
4. CHARGES AND PAYMENT
4.1 The price of the Services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, before or after your booking. If there are increases in prices after your Booking Confirmation, you will be notified and given an opportunity to accept the new price or terminate the Contract without any liability for you or us (less any platform, transaction and processing fees that have been incurred).
4.2 Despite the Supplier’s best efforts, some of the Services listed on the Website may be incorrectly priced. The Supplier expressly reserves the right to correct any pricing errors on the Website and or pending reservations made under an incorrect price, even after Booking Confirmation. If the change is made after Booking Confirmation, the Supplier shall offer Customer the opportunity to keep the booking at the correct price or terminate the Contract without any liability for your or us (less any platform, transaction and processing fees that have been incurred). The Supplier is under no obligation to provide Services at an incorrect (lower) price, even after confirmation of the booking has been sent.
4.3 Your payment to us may be processed on our behalf by the Platform Provider or its appointed third party payment processing provider. The Platform Provider receives the monies you pay to it as a payment agent for the Supplier.
4.4 The balance of all monies due for bookings (less any deposit paid by you) must be received by us no later than the date set out on the relevant page for the Service on the Website or on the confirmation email and invoices issued by Supplier. In the event of your non-payment of the balance by the payment deadline, Supplier reserves the right to cancel the booking and charge cancellation fees.
4.5 If you are paying in a currency (the converted currency) which is different to the primary currency of the listing (the primary currency), any payment and installments you make towards the booking will be converted based on the prevailing exchange rate at the time you make the payment (which may differ to the exchange rate at the time of your booking). For any currency conversions, Supplier (or our service providers) shall add its standard exchange rate fee from time to time in place, as amended from time to time. This shall be added on to the price being paid by you for the Service. Please note, the exchange rate may vary between payment of your installments for the Service and accordingly the price for the Service may change as a result of the exchange rate fluctuations.
4.6 The Customer should be aware that the local authorities in certain jurisdictions may impose additional taxes (applicable VAT or other indirect sales taxes, occupancy tax, tourist tax, or other income taxes, etc.), which have to be paid locally. The Customer is exclusively responsible for paying such additional taxes.
4.7 Unless expressly stated otherwise, prices do not include insurance, airline services, excess baggage charges, transport from the airport to the accommodation, visa and vaccination charges or any personal expenses (laundry, telephone, drinks, room service, tips, etc.), nor excursions or the use of sports facilities, nor any more general costs that are not expressly included in the Booking Confirmation.
4.8 If any payment is not paid by the due date Supplier reserves the right to charge interest to you on the overdue amount at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law. This penalty shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us this penalty together with any overdue amount. Boulderthon offers a $20 down payment option with the remaining payments due in 3 monthly installments prior to the Event Date for a 15% fee. If choosing to pay in installments (vs. pay in full), all payments on the payment plan (including the initial deposit) are final and non-refundable.
4.9 If we become aware of any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and you shall be liable for all the expense arising from such cancellation, without prejudice to any other action that may be made against you.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the Supplier's literature and Website shall remain at all times vested in the Supplier. The Customer is permitted to use this material only as expressly authorised by the Supplier.
5.2 Customer acknowledges and agrees that the material and content contained within the Website are made available for personal non-commercial use only and the Customer may (if necessary to make a purchase on the website) download such material and content. Any other use of the material and content of the Website is strictly prohibited. The Customer agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6. TRAVEL INFORMATION AND INSURANCE
6.1 Please note that Supplier is not responsible for providing passport or visa requirements for your trip. Your specific passport and visa requirements, as well as any other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. These should be provided to a Supplier where relevant. Any information supplied by Supplier on the Website or otherwise on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.
6.2 The passport, visa and health requirements at the time of booking should be viewed on relevant government websites or by making your own inquiries. It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
6.3 You are encouraged to take out appropriate insurance which adequately covers the risks associated with the Services that you are participating in including the costs relating to assistance, including repatriation, in the event of accident, illness or death.
7. CANCELLATION BY THE CUSTOMER
7.1 Requests by the Customer for cancelling or changing a trip must be submitted to the Supplier promptly. Subject to your statutory rights, if any, and your express rights under this agreement, any such requests are at the sole discretion of the Supplier.
7.2 If a cancellation is accepted by Supplier, Supplier can impose a cancellation charge and may charge additional costs incurred as a result of the travel arrangements already made. If there are standard cancellation charges, these will be set out in our separate Cancellation Policy (if applicable for the Service). Where a cancellation affects more than one person on the booking a cancellation charge will be applied in respect of each person on the booking. Please note that the cancellation of the Service may be subject to separate cancellation charges if there are additional costs that have been incurred.
7.3 If a refund is made to you the refund shall be made less any platform, transaction and processing fees that have been incurred.
Boulderthon offers a $20 down payment option with the remaining payments due in 3 monthly installments prior to the Event Date for a 15% fee. If choosing to pay in installments (vs. pay in full), all payments on the payment plan (including the initial deposit) are final and non-refundable.
8. CHANGE OF BOOKING BY THE CUSTOMER
8.1 If after making the booking a Customer wants to change the trip with respect to the date of travel, the destination, the place where the trip starts, the accommodation or the means of transport, the Customer should contact the Supplier. Subject to your statutory rights, if any, any such requests are at the sole discretion of the Supplier.
8.2 The Supplier has no legal obligation to make any changes but may, at its sole discretion and where feasible, try to accommodate the Customer’s request. Changes depend on availability and a fee may be imposed in the event of a change to a booking. Such fees can be substantial and such costs tend to increase the closer to the departure date that the change is made. For instance, certain elements of the Service (e.g. a flight) may incur a 100% charge.
8.3 Any amendments will be subject to our standard administration charge from time to time in place.
9. CANCELLATION BY THE SUPPLIER
9.1 On rare occasions, the Supplier may have to cancel the Service and reserves the right to do so. If the Supplier has to do so, the Customer will be notified as soon as possible. The Supplier may (at its discretion) also offer an alternative Service if able to do so and inform the Customer of its impact on the price of the booking. If the alternative Service is of a lower quality or cost, the Customer may be entitled to a price reduction at the Supplier’s discretion. If the Supplier cannot offer an alternative, it may at its discretion provide a full refund of any payments made for the Service (less any platform, transaction and processing fees that have been incurred).
9.2 If a refund is made to you any reason, the refund shall be made less any platform, transaction and processing fees that have been incurred.
10. CHANGE OF BOOKING BY THE SUPPLIER
10.1 As elements of the Services are planned in advance (in some cases by many months), from time to time the Supplier may need to make a change to the Services. The Supplier reserves the right to do so at any time. Most changes are minor changes, however, occasionally the Supplier will have to notify Customers of a significant change which it is constrained to make to the main characteristics of the Services, or where it cannot fulfil any special requirements which it has accepted.
10.2 In the unlikely event that the Supplier has to make a significant change to the Services, the Customer will be informed as soon as reasonably possible. The Customer will then have the option to:
(a) accept the proposed change.
(b) reject the proposed change and terminate the Contract with a full refund (less any platform, transaction and processing fees that have been incurred); or
(c) reject the proposed change, terminate the Service and take an alternative one if offered. If the Customer decides to take an alternative Service, they will be informed of its impact on the price of the booking.
10.3 The Supplier may not give any of the above options in the event that a change to the purchased Service is not a significant change. Please note that a change of flight time of less than 120 minutes earlier than the departure time and less than 240 minutes later than the arrival time, a change of airline or aircraft (if originally identified), a change of departure or destination airport to one within the same region, or a change of accommodation to another of the same or higher standard usually qualify as minor changes.
11. Unavoidable and Extraordinary Circumstances
11.1 The Supplier shall have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this Contract, or from carrying on its business or providing the Services as expected for any Unavoidable or Extraordinary Circumstance.
11.2 An “Unavoidable or Extraordinary Circumstance” shall mean any acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or telecommunications network, Act of God, war, riot, civil commotion, malicious damage, threat of the spread of any illness or disease or any epidemic or pandemic, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Supplier or sub-contractors.
11.3 Customer is advised to ensure it has appropriate travel insurance in place that covers Unavoidable or Extraordinary Circumstances.
12. LIMITATION OF LIABILITY: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
12.1 Nothing in this section shall exclude or limit our liability where it is not possible to do so under applicable law. Your statutory rights as a consumer, IF ANY, remain unaffected.
12.2 Except as set out in the Contract the Supplier accepts no liability for any claims, losses, expenses, damages or liability for the Services, except in cases of our fraud or involving death, injury or illness where the Supplier has caused such damage with negligence.
12.3 If you have any complaint or claim, you must raise this with us in writing within 30 days of the end of your trip. The limitation period begins on the day on which the trip should end, based on the Contract.
13. Indemnification
13.1 You agree that if you or anyone on your behalf make a claim against the Supplier relating to a Service, you will indemnify and hold the Supplier harmless from any liability, demand, loss, damage, or costs which the Supplier may incur as the result of such claim.
14. Disclaimer of Warranty
14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPPLIER PROVIDES THE SERVICES “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPPLIER EXPRESSLY DISCLAIMS ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
15. ACCESS TO WEBSITE
15.1 Without affecting any other right or remedy available to it, the Supplier may suspend or terminate the Customer’s use of the Website at any time without any liability to the Customer.
16. GENERAL
16.1 Assignment and other dealings. Supplier may transfer its rights and/or obligations under any Contract to another organisation.
16.2 Variation. Supplier may amend these terms from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time.
16.3 Waiver. If Supplier does not insist immediately that you do anything you are required to do under these terms, or if Supplier delays in taking steps against you in respect of your breaking this contract, this does not mean that you do not have to do those things and it will not prevent Supplier taking steps against you at a later date. For example, if you miss a payment and Supplier does not chase you and/or we continue to provide the Services, we can still require you to make the payment at a later date.
16.4 Validity. If a court finds any part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of the terms are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Governing law. These Conditions will be interpreted in accordance with the laws of California without regard to the conflict of law rules that would require the application of different laws. All disputes hereunder shall be resolved solely in the applicable state or federal courts of California.
Ver: July 2020
Acceptable Use Policy
PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE.
What's in these terms?
This acceptable use policy sets out the terms on which you may use and browse our site [DOMAIN ADDRESS] (the “site”), including the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.
Please note, our site operates on the Easol platform and your use of the site will be subject to additional terms required by Easol.
The site is operated by Stronger Faster Boulder Co ("we or "us”). We are registered in the United States under company number 84-2863972 and have our registered office at 645 Tenacity Drive, Unit E, Longmont CO 80504.
By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Your continued use of the site constitutes your acceptance of these terms.
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
· In any way that breaches any applicable local, federal or international law or regulation.
· In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
· For the purpose of harming or attempting to harm minors in any way.
· To bully, insult, intimidate or humiliate any person.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
· Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
· Not to access without authority, interfere with, damage or disrupt:
· Any part of our site;
· Any equipment or network on which our site is stored;
· Any software used in the provision of our site; or
· Any equipment or network or software owned or used by any third party.
Content standards
These content standards apply to any and all material which you contribute to our site (“Contribution”), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
· Be accurate (where it states facts).
· Be genuinely held (where it states opinions).
· Comply with the law applicable in Delaware and in any other state or locality in which it is posted.
A Contribution must not:
· Be defamatory of any person.
· Be obscene, offensive, hateful or inflammatory.
· Bully, insult, intimidate or humiliate.
· Promote sexually explicit material.
· Include child sexual abuse material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any copyright, database right or trade mark of any other person.
· Be likely to deceive any person.
· Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be in contempt of court.
· Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person.
· Give the impression that the Contribution emanates from any person, if this is not the case.
· Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
· Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
· Contain any advertising or promote any services or web links to other sites.
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions of sale upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
· Immediate, temporary or permanent withdrawal of your right to use our site.
· Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
· Further legal action against you.
· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Which country's laws apply to any disputes?
These Terms will be interpreted in accordance with the laws of Delaware without regard to the conflict of law rules that would require the application of different laws. All disputes hereunder shall be resolved solely in the applicable state or federal courts of Delaware.
Ver: July 2020
Privacy Policy
We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we use and disclose your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
1. IMPORTANT INFORMATION AND WHO WE ARE
The website [DOMAIN ADDRESS] (the “website or “site”), is operated by Stronger Faster Boulder Co ("we or "us”). We are registered in [JURISDICTION] under company number 84-2863972 and have our registered office at 645 Tenacity Drive, Unit E, Longmont CO 80504.
This privacy policy aims to give you information on what information we collect through your use of this website, including any data you may provide through the website when you purchase a product or service and how that information is used and shared.
Please note, our site operates on the Easol platform and your use of the site will be subject to additional terms required by Easol, including Easol's own privacy policy.
Changes to the policy - We may update this privacy policy from time to time, in our sole discretion, in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. You are advised to visit this page to see such changes. Your use of the site, and your continued use of the site after this privacy policy has been updated, indicates your agreement and acceptance of this privacy policy, including the modifications made as of the date of your use.
2. CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint or request any information about your personal data, please contact us by the following means:
Email: hi@boulderthon.org
3. THE DATA WE COLLECT ABOUT YOU
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
· Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
· Contact Data includes billing address, delivery address, email address and telephone numbers.
· Financial Data includes bank account and payment card details.
· Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
· Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
· Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
· Usage Data includes information about how you use our website and your interest in our products and services.
· Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
If you fail to provide personal data where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
4. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
· Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
· order or express an interest in any of our products or services;
· request marketing to be sent to you; or
· give us feedback or contact us.
· Automatically. We may collect Technical Data and Usage Data, such as cookies, when you visit the site.
· Third Parties. We may receive Identity, Contact and Financial Data from your family, friends, and affiliates when completing forms or corresponding with us on your behalf regarding any of our products or services. Additionally, our partners and service providers, such as Easol in its capacity as our platform provider, may provide us with your Profile, Technical, Usage Data and Marketing and Communications Data.
We may combine information from different sources. For example, we may combine information that we have collected offline with information we collect online, or we may combine information we get from a third party with information we already have.
If you submit any personal data relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this privacy policy.
5. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
· Where we need to perform the contract we are about to enter into or have entered into with you.
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
· Where we need to comply with a legal obligation.
6. DISCLOSURES OF YOUR PERSONAL DATA
We may share your information with the following entities:
· Third-party vendors who provide services or functions on our behalf, including operation of the website, business analytics, customer service, marketing, and distribution of surveys. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our website. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.
· In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
· When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; or to protect and defend the rights, property, or safety of our company, our customers, or others.
· In connection with a (proposed or actual) corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.
We also may share aggregate or anonymous information with third parties, including advertisers and investors. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
7. DATA RETENTION
When you place an order through the website, we will maintain your Order Information for our records. Except to the extent prohibited by law, and subject to this privacy policy, we will retain and use your personal data for as long as it is needed to provide you with any products, services, communications, or access to the site, to document our business relationship with you, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
8. YOUR LEGAL RIGHTS
Depending on your jurisdiction, you may have certain rights with respect to your personal data. If you would like to speak to us about any of your rights, please contact us. Please note that we may request additional information to respond to or fulfill any requests regarding your rights under applicable laws or regulations.
Your United Kingdom and European Union Privacy Rights.
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
· If you want us to establish the data's accuracy.
· Where our use of the data is unlawful but you do not want us to erase it.
· Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
· You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Your California Privacy Rights. [RS1]
California Civil Code Section 1798.83 permits California residents to request a list of all third parties to which we, during the immediately preceding calendar year, have disclosed certain personal data for direct marketing purposes. We do not share personal data with other people or non-affiliated businesses for their direct marketing purposes. We are only required to respond to a customer request once during any calendar year. To make such a request you should send a letter to 645 Tenacity Drive, Longmont CO 80504. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information sharing that is covered will be included in our response.
Additionally, we do not sell your personal data to third parties.
You can always opt out of any subscription for emails, involving any updates, information, postings, news, and/or press releases, by clicking “Unsubscribe” at the bottom of the email. We might still send you some important emails, like responding to you by email if you send us a request or comment.
Your Nevada Privacy Rights.
Although Easol does not sell personal information, Nevada residents have the right to submit a verified request directing Easol not to sell their personal data. If you are a Nevada resident, and would like to submit such a request, please send your request through any of the methods noted in Section 2 “Contact Us”.
9. THIRD PARTIES
We share your personal data with third parties to help us supply our products and services.
Please note, our website is run on the Easol platform and Easol also collects data. Please refer to the Easol privacy policy for more details.
We may also share your personal data to comply with applicable laws and regulations or other lawful request for information we receive, or to otherwise protect our rights.
10. SECURITY
We implement commercially reasonable physical, technical, and administrative security measures to protect your personal data. Nonetheless, no such measure is ever 100% effective; therefore, we do not guarantee that your personal data will be secure from theft, loss, or unauthorized access or use, and we make no representation as to the reasonableness, efficacy, or appropriateness of the measures we use to safeguard such personal data.
If you have reason to believe that your interaction with us is no longer secure, please immediately contact us.
11. CHILDREN
We do not knowingly or specifically collect personal data from users under the age of 13 and no one under age 13 is authorized to submit any information, including personal data, on the site. If we determine that such information has been inadvertently collected on anyone under the age of 13, we will take the necessary steps to ensure that such information is deleted from our systems. If you are a parent or guardian and become aware that your child has provided us with information, please contact us using one of the methods noted in Section 2 “Contact Us”.
12. LINKS TO OTHER WEBSITES
The site may contain links, references, and other forms of connectivity to third party website, apps, or platforms. This privacy policy does not apply to the information (including personal data) collected on any such third party website, app, or platform over which we have no influence or control. We are not responsible for the privacy practices of such websites, apps, or platforms. Accordingly, we recommend that you review the privacy notice and related policies posted on any such websites, apps, or platforms.