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Terms

General. These Terms and Conditions of Use (the “Terms”) govern your access and use of the website accessed through the domain cvrworldcup.com, the applications, content, services, and services provided there and all related subdomains, including without limitation, league.cvrworldcup.com (collectively the “Website”), including the purchase of products or services offered or advertised through the Website.  By accessing the Website, you are a “User” (plural, “Users”) and are agreeing that you have freely, carefully, and completely read these Terms, fully understand these Terms and are accepting all of these Terms, including all terms of the Privacy Policy (http://cvrworldcup.com/privacy/).  If you do not agree or accept these Terms, you must immediately leave the Website without further accessing it.

The Website is owned and operated by Cycligent, Inc., a Delaware corporation (“Cycligent”). These Terms are subject to change by Cycligent, without notice.  Cycligent, its affiliates, and third-parties may change or make improvements to the Website, including in any products, services, features, and programs that may be offered, without notice to Users.  Cycligent also reserves the right to suspend or terminate the Website, at any time, without notice or liability to Users or any third parties.

These Terms are not intended and are not to be construed to amend, modify, or supersede any other terms agreed to and accepted by User in connection with any other products and services offered by Cycligent or User’s participation in or attendance at any Cycligent events or activities.

Use by Minors. Although the Website is not intended, designed, or promoted specifically for use by minors, to support the interest in the CVR World Cup League and competition, Cycligent’s policy is to allow Users who are at least fourteen (14) years old, but have not reached the age of majority or considered to be an “adult” under the applicable laws of the national and local laws of their residence, provided: (i) access and use of the Website by a minor of such User’s age are not prohibited by law from such access and use; and (ii) a parent or legal guardian, with authority to do so, provides Cycligent with written consent for the minor User to participate in the CVR World Cup League and agrees to be fully responsible for the minor User’s access and use of the Website and participation in the CVR World Cup League, including understanding and complying with these Terms.  Cycligent does not knowingly collect, either online or offline, personal information from persons under the age of fourteen.

Medical and Physical Condition; Release.  User understands and agrees that the Website is intended for use in connection with athletic, physical activities, including, without limitation, cycling.  User represents and warrants that they do not have a physical or medical condition that poses a risk to User of suffering bodily injury or death, interferes with or restricts User from safely accessing and using the Website or otherwise endangers User’s health and safety by accessing and using the Website.

USERS SHOULD CONSULT A PHYSICIAN BEFORE USING THE WEBSITE AND PARTICIPATING IN THE ATHLETIC AND PHYISCAL ACTIVITIES OFFERED BY IT, PARTICULARLY IF USER HAS A PRE-EXISTING HEALTH CONDITION. IF USER EXPERIENCES ANY DISCOMFORT, DIZINESS, FATIGUE, IRREGULAR HEARTBEAT, NAUSEA, PAIN, SHORTNESS OF BREATH, VOMITTING, OR OTHER ADVERSE SYMPTOMS, DISCONTINUE USE OF THE WEBSITE AND THE ATHLETIC AND PHYISICAL ACTIVITIES IMMEDIATELY AND SEEK MEDICAL ATTENTION, AS NECESSARY. DO NOT USE THE WEBSITE OR ENGAGE IN ATHLETIC OR PHYISCAL ACTIVITIES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR PRESCRIPTION MEDICATIONS AND ALWAYS COMPLY WITH WARNINGS ON PRESCRIBED MEDICATIONS AND THOSE OF YOUR PHYSICIAN.

USER ACKNOWLEDGES AND AGREES THAT PARTICIPATING IN ATHLETIC AND PHYISCAL ACTIVITIES OFFERED BY THE WEBSITE POSE CERTAIN INHERENT RISKS OF BODILY INJURY OR DEATH AND FULLY AND VOLUNTARILY ASSUMES THESE RISKS, WHETHER KNOWN OR UNKNOWN, EVEN IF CAUSED, IN WHOLE OR PART, BY NEGLIGENT ACTS OR OMISSIONS OF CYCLIGENT OR ITS AFFILIATES.

For themselves, their heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively, “Successors”), USER HEREBY WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND PROMISES TO INDEMNIFY AND NOT TO SUE Cycligent, its affiliates, and all sponsors, organizers, and promoting organizations, that are in any manner connected with the CVR World Cup League and the Website (collectively, “Releasees”), FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES’ OWN NEGLIGENCE TO THE MAXIMUM EXTENT PERMITTED BY LAW, which User has or may hereafter accrue to User and User’s Successors and from any and all damages which may be sustained by User directly or indirectly in connection with, or arising out of, User’s access and use of the Website and participation in any athletic or physical activities offered by it.

User agrees, for themselves and their Successors, that the above representations are binding on them, and are not mere recitals, and that should User or their Successors assert a claim contrary to what is represented in these Terms, the claiming party shall be liable for the expenses (including legal fees) incurred by the Releasees in defending the claims.

Electronic Communications.  Accessing the Website or sending emails to Cycligent constitutes electronic communications.  User consents to receive electronic communications and agrees that all agreements, notices, disclosures and other communications that Cycligent provides to you electronically, through email and on the Website, satisfy any contractual or legal requirement that such communications be in writing.

No Unlawful or Prohibited Use; Intellectual Property.  User is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms.  As a condition of User’s access and use of the Website, User represents and warrants that User will not access or use the Website for any purpose that is unlawful or prohibited by law or these Terms.  User may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s access, use, and enjoyment of the Website.  User may not obtain or attempt to obtain, directly or indirectly, any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on, through, or obtained through the Website, is the property of Cycligent, its affiliates, suppliers, advertisers, or other parties and protected by copyright and other laws that protect intellectual property and proprietary rights.  User agrees to comply with all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

User shall not, directly or indirectly, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.  Cycligent content is not for resale.  User’s access and use of the Website does not entitle User to make any unauthorized use of any protected content, and in particular User shall not delete or alter any proprietary rights or attribution notices in any Website content.  User shall use protected content solely for personal use, and shall make no other use of the Website content, without the express written permission of Cycligent, its affiliates, and the copyright owner.  User acknowledges and agrees that User does not acquire any ownership rights in any protected content.  Cycligent does not grant User any licenses, express or implied, to the intellectual property of Cycligent or its licensors, except as expressly authorized by these Terms.

Cycligent, CVR World Cup, and other marks indicated on the Website are trademarks of Cycligent, its affiliates, suppliers, advertisers, and other parties in the U.S., other countries, or both. Other Cycligent graphics, logos, page headers, button icons, scripts, and product names are trademarks or trade dress of Cycligent its affiliates, suppliers, advertisers, and other parties and may not be used in connection with any product or service that is not Cycligent’s, its affiliates’, suppliers’, and advertisers’ in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cycligent, its affiliates, suppliers, and advertisers.  All other trademarks not owned by Cycligent that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cycligent.

League Rules.  Use of the Website may be governed by additional terms and conditions, including without limitation any league rules (“League Rules”).  All Users must comply with the League Rules.  It is the User’s responsibility to carefully review, know, understand and comply with the League Rules.  The League Rules are incorporated by reference into and are a part of these Terms.  The rules contained in the League Rules are not meant to be exhaustive, and Cycligent reserves the right to determine which conduct it considers to be outside the spirit of the League Rules and to take such measures, in its sole discretion, up to and including termination and deletion of the User’s account.  Cycligent reserves the right to modify the League Rules at any time with notice to Users.

Use of Communication Services.  The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, or other message or communication facilities designed to enable Users to communicate with the public at large or with a group (collectively, “Communication Services”).  User agrees to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, User agrees that when using a Communication Service, User will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity), unless User owns or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, malware, ransomware, or any other similar software or programs that may damage the operation of the Website, or any other party’s computer, system, or device; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from accessing, using, or enjoying the Communication Services; violate any code of conduct or other guidelines of Cycligent, its affiliates, suppliers, and advertisers that may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Cycligent has no obligation to monitor the Communication Services. However, Cycligent reserves the right to investigate or review materials posted to a Communication Service and to remove any materials, in its sole discretion. Cycligent reserves the right to terminate User’s access to any or all Communication Services at any time, without notice, for any reason whatsoever.

Cycligent reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cycligent’s sole discretion.

Users shall always use caution when providing any personally identifying information in any Communication Service.  Cycligent does not control or endorse the content, messages or information found in any Communication Service and, therefore, Cycligent specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Service. Managers and hosts may not be authorized Cycligent representatives, and their views do not necessarily reflect those of Cycligent, its affiliates, suppliers, or advertisers

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, or dissemination.  User is responsible for complying with any such limitations if User uploads the materials.

Materials provided to the Website.  Cycligent does not claim ownership of the materials User provides to the Website (including feedback and suggestions) or post, upload, input or submit to any Cycligent Website or associated services (collectively “Submissions”).  However, by posting, uploading, inputting, providing or submitting any Submissions, User is granting Cycligent, its affiliates, and necessary sublicensees, permission to use User’s Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; and to publish User’s name in connection with User’s Submission.

No compensation will be paid with respect to the use of User’s Submission, as provided herein.  Cycligent is under no obligation to post or use any Submission User may provide and may remove any Submissions at any time, in Cycligent’s sole discretion.

By posting, uploading, inputting, providing or submitting User’s Submissions, User warrants and represents that User owns or otherwise controls all of the rights to User’s Submissions as described in this section including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

Release.  User acknowledges and agrees that the Cycligent virtual races and any other aspect of the Website may be photographed and recorded in audio, visual, audiovisual, or any other format (collectively, the “Recordings”); the Recordings may include images and recordings of the User; and the Recordings will be the property of Cycligent.  For valuable consideration, User hereby irrevocably and unconditionally grants and assigns to Cycligent, free of charge, all worldwide rights, title and interest in and to the Recordings, including, without limitation, all intellectual property and other rights therein and thereto; and grants to Cycligent the non-exclusive, perpetual, royalty-free, worldwide, irrevocable, fully paid, sublicensable, and transferable right, license, and permission (but not the obligation), in all forms and media, whether now known or not currently known, to use the User’s name and to use, adapt, reproduce, distribute, edit, exhibit, publicly display, publicly perform, publish and copyright photographic or videotaped images and recordings of the User with or without the User’s voice (“Likenesses”), at any time now or hereafter, for providing race results, marketing, promoting, and advertising the Website, the CVR World Cup League, and any other lawful purposes whatsoever.  User hereby waives any right User may have to inspect or approve the Recordings, the materials that may be used in connection with User’s name or Likenesses, or the uses made of said materials and Recordings.  User hereby waives and releases any claims User may have against Cycligent, its affiliates, suppliers, and advertisers,  for any damages, costs or liabilities incurred by the use of User’s name or Likenesses or the Recordings, including, without limitation, damages caused by any distortion, alteration, optical illusion, or composite use, whether intentional or otherwise, that may occur in making, processing, duplicating, distributing, or displaying the Recordings, or User’s name or these Likenesses. The provisions of this release section are intended for the benefit of Cycligent, its affiliates, suppliers, and advertisers, and all of their officers, directors, members, shareholders, employees, agents, service providers, and business affiliates.

Links to Third-Party Sites.  The Website may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of Cycligent and its affiliates and Cycligent and its affiliates are not responsible for the contents of any Linked Site, including, without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Cycligent is providing these links only as a convenience, and the inclusion of any link does not imply approval or endorsement by Cycligent or its affiliates of the Linked Site (including any products and services offered on the Linked Site) or any association with the operators of any Linked Site.

Third-Party Services. Certain services made available through the Website are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Website, User hereby acknowledges and consents that Cycligent may share such information and data with any third-party with which Cycligent has a contractual relationship to provide the User requested product, service, or functionality on behalf of Website Users and customers.

International Users.  The Website is controlled, operated and administered by Cycligent from offices located in the U.S. If Users access the Website from a location outside the U.S., User is responsible for compliance with all national and local laws where User is located or to which User is subject to jurisdiction.  User acknowledges and agrees that User will not access or use the Website in any country or in any manner prohibited by any applicable national or local laws, regulations, rules, restrictions.

U.S. Trade Laws.  The Website (including all code, files, programs, and software contained or utilized in it) may not be, directly or indirectly, exported, reexported, transferred, downloaded, or released to or by any party appearing on list of restricted parties, including, without limitation, the U.S. Department of Treasury, Office of Assets Control Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce, Bureau of Industry and Security Denied Persons List or Entity List, or to a country or region against which the U.S. Government maintains comprehensive sanctions or an embargo, including, without limitation, Cuba, the Crimea Region, Iran, N. Korea, Sudan, or Syria, without U.S. Government authorization or license.  The User represents and warrants that you are not located in, under the jurisdiction of, a national of, or acting on behalf of any such country or party that is on any such list.

Apple Device Terms.  This section applies to Users that use the Website through an application on an Apple Inc. device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”); this section does not apply to Users that do not use the Website on an Apple Device. The parties acknowledge that these Terms are concluded solely between Cycligent and User, and not with Apple Inc., and Apple Inc. is not responsible for the Website and the content thereof.  Any support that may be offered by Cycligent in connection with the Website is solely the responsibility of Cycligent and it is acknowledged by the parties that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Website.  The parties acknowledge that Apple Inc. has no obligation to furnish any warranty with respect to the Website.  To the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever with respect to the Website.  The parties acknowledge and agree that Apple Inc. is not responsible for addressing product claims.  Apple Inc. is not responsible for addressing any claims of any end-user or any third-party relating to the Website or the end-user’s possession or use of the Website, including, without limitation: (i) product liability claims; (ii) any claim that the Website fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  The parties acknowledge and agree that, in the event of any third-party claim that the Website or User’s possession and use of the Website infringes that third-party’s intellectual property rights, Apple Inc. will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.  The parties acknowledge and agree that Apple Inc., and its subsidiaries, are third-party beneficiaries of these Terms, and that, upon User’s acceptance of these Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third-party beneficiary thereof.

Governing Law; Disputes.  Without regard to its conflict of law rules, these Terms shall be governed by and construed in accordance with the laws of the State of Arizona and applicable federal laws of the Unites States. In the event of any controversy or claim arising out of or relating to these Terms (“Dispute”), the parties shall first consult and negotiate with each other, directly or through their representatives, and, recognizing their mutual interests, attempt to reach a satisfactory resolution of the Dispute.  If the parties do not resolve the Dispute to their mutual satisfaction within sixty (60) calendar days, then upon written notice by either party to the other, any unresolved Dispute shall be submitted to the American Arbitration Association (“AAA”) or, if the User is a resident outside the United States (including its territories and possessions), to the London Court of International Arbitration (“LCIA”) for final and binding arbitration under the applicable commercial rules, unless otherwise agreed by the parties, in writing.  The arbitration shall be held before a single arbitrator agreed upon by the parties or, in the event the parties do not agree, appointed by the applicable arbitral body. All proceedings shall be conducted in English. All AAA arbitration proceedings shall be held in Tucson, Arizona, and all LCIA arbitration proceedings shall be held in London, England, unless otherwise agreed by the parties and arbitrator.

Without regard to the forum, any remedy and any award against Cycligent and all of its parents, subsidiaries, affiliates, assigns, successors shall be limited to actual damages incurred and a User shall not be entitled to any award or recovery for consequential, incidental, punitive, or exemplary damages.

Arbitration of a Dispute is mandatory, except as stated otherwise in these Terms.  Any lawsuit brought by a User involving a Dispute that is not subject to arbitration, shall be resolved individually without resort to any form of class action litigation.  Notwithstanding anything in these Terms, the User shall retain the right to seek relief in a small claims court for any Dispute within the scope of its such court’s jurisdiction.

For more information regarding AAA arbitration and rules, please visit www.adr.org or call +1.800.778.7879.  More information about LCIA arbitration and rules can be found at www.lcia.org or by calling +44 (0) 20 7936 6200.

Controlling Language.  English is the official and controlling version of these Terms.  Any translation of these Terms is for the convenience of the User only.  Any conflict between any translation of these Terms from English into another language will not be binding on Cycligent and its affiliates and all such translated terms hereby rejected as modifications or amendments to these Terms.

Changes to Terms.  Cycligent reserves the right, in its sole discretion, to change these Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. Cycligent encourages Users to periodically review the Terms to stay informed of any updates.

Contact Us.  Cycligent welcomes your questions or comments regarding the Terms:

Cycligent Inc.

5215 N. Sabino Canyon Road, Tucson, AZ 85750

1-800-761-1242

support@cycligent.com

Effective as of November 20, 2017