Terms of Use
Welcome to the Tri Nation Online ("the Company") service and network (collectively, the "Service") where you can find all types of triathlon resources and become a member of the Tri Nation Online network. The Tri Nation Online service and network are operated by Tri Nation Online, LLC. By accessing or using our web site at www.trinationonline.com , you verify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of the Tri Nation Online network. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Terms of Use at any time without notice. Such modification will be effective upon posting by Tri Nation Online on the Web site. Your continued use of the Site or Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or future Terms of Use, do not access or use (or continue to access or use) the Site or Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. You may terminate your membership at any time, for any reason by following the instructions on the cancel membership link located on the member profile page. Tri Nation Online reserves the right to terminate your membership for any reason at any time.
Eligibility
You must be thirteen (13) years of age or older to register as a member of Tri Nation Online or
use the Web site. Membership in the Service is void where prohibited. By using the Service
or the Site, you represent and warrant that you are 13 or older, and have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of this
Agreement.
Account Security
When using the site you agree to (1) provide accurate, complete and current information about yourself as may be directed by any registration forms on the Site; (2) maintain the
security of your password ; (3) maintain or update any other information you provide to Tri Nation Online, to keep it accurate, current, and complete; and (4) be fully responsible for all
use of your account and for any actions that take place using this account.
Proprietary Rights in Site Content
Tri Nation Online owns and retains all proprietary rights in the Web site and service. All content on the Site and available through the Service, including designs, text, graphics, pictures, information, applications, software, and other files, and their selection and arrangement, are the proprietary property of Tri Nation Online and its licensors with all rights reserved. No site
Content, except for the information which is in public domain or for which you have been given
written permission shall be modified, republished, framed, transmitted, distributed, reproduced, copied, republished, downloaded, displayed or sold in any form.
User Conduct
Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and the unauthorized framing of or linking to the Web site will be investigated, and
appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive
redress. The Service and the Site are available for your personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind submitted through your account or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights: or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
* post, share, transmit or otherwise make available any content that is deemed to be
harmful, threatening, unlawful, abusive, inflammatory, vulgar, obscene, hateful,
racially or otherwise objectionable;
* harass or intimidate other member(s);
*use or attempt to use another’s account, or create a false identity on the Service or Site;
*register for a User account on behalf of anyone other than yourself or register for more
than one account;
*impersonate any person, or falsely misrepresent yourself, your age, or affiliation with any
person;
*transmit "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
*transmit or otherwise make publicly available on the Site any private information of any
third party;
*solicit passwords or personal identifying information for commercial or unlawful purposes
from other users or solicit personal information from anyone under the age of 18;
*upload, transmit, or otherwise make available any material that contains software viruses
or any other computer code, files, or programs designed to interrupt, destroy, or limit
use of any computer hardware or software or other equipment;
* use the Service or the Site in any unlawful manner or in any other manner that could
Harm, disable, impair, or overburden the Site;
*upload, transmit or otherwise make available content that, in the sole judgment of
the Company, is objectionable or which restricts any other person from enjoying the Site,
or which may expose the Company or its users to any harm or liability of any type.
User Content Posted on Site
You are solely responsible for the content which is published or displayed on the Service,
or transmitted to other Members. You may not post, transmit, or share Content on the Site that you did not create or have permission to post. You understand that Tri Nation Online may at any time for any reason remove any Site or User Content in its sole discretion which the Company deems offensive, illegal, or that violates the rights and safety of others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the site.
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Tri Nation Online does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Member Disputes
You are solely responsible for your interactions with other Tri Nation Online Members. Tri Nation Online reserves the right, but has no obligation, to monitor disputes between you and other members.
Third Party Websites and Content
Tri Nation Online contains links to other web sites as well as photos, text, articles, pictures, information and other content or items belonging to or origination from third parties. Such Third Party Sites and their applications, software, or content are not investigated, monitored or checked for accuracy by us. We are not responsible for any Third Party Sites accessed through the Site or any Third Party applications, content, or software posted on, installed from, or available through the site, including content, offensiveness, reliability, privacy practices or other policies contained in the Third Party Sites. If you choose to access Third Party sites to use or install any Third Party applications, software, or content, you do so at your own risk.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Tri Nation Online be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Web Site or Service, even if Tri Nation Online has been advised of the possibility of such damages. The company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the company for the service during the term of membership. In no case will the company’s liability to you exceed $500.00. You agree that if no fees are paid to the company for the service, you will be limited to injunctive relief only.
Disputes
If there is any dispute about or involving the Site or Service, by using the Site, you agree that the dispute will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of Texas.
Indemnity
You agree to indemnify and hold Tri Nation Online, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Submissions
You agree that questions, suggestions, ideas, feedback, or other information about the Site or Service provided by you to the Company are non-confidential. This shall become the sole property of the Company. Company will own exclusive rights, including intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgement or compensation to you.
Disclaimers
Tri Nation Online is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. Tri Nation Online is not responsible for the conduct of any user of the Web site or Member of the Service. Tri Nation Online assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Tri Nation Online is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Tri Nation Online be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and Tri Nation Online expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Tri Nation Online cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Tri Nation Online or through or from the service shall create any warranty not expressly stated herein.
Other
This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Tri Nation Online regarding the use of the Web site and/or the Service. The failure of Tri Nation Online to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
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