Terms and Conditions – Download a Training Plan and use of Site
By checking the box and accepting the Terms and Conditions (these “Terms”) set forth below by USA Triathlon (“USAT”) and World Triathlon Corporation (“Ironman”), (collectively, “Core Group”), you accept all the below information including the inherent risks associated with the sport of triathlon (referenced herein as “Sport”).
USAT, Ironman and any partner who has chosen to participate through USAT or Ironman (“Time to Tri Partners”) has the exclusive right to produce content on www.mytimetotri.com (“Site”) and you have accessed these Terms based on your intent to download a Training Plan from Core Group.
1. Use of Information Provided/Collected.
Core Group collects personal information for various uses: contact information such as name, e-mail address, postal address, and telephone number; geolocation information, such as your city, state or zip code; demographic information, such as age, information, and gender; communication preferences, and various other pieces of personal information. By accepting these Terms you agree to the following uses of information provided either voluntarily or involuntarily through various technologies. The data is either automatically or passively collected and provides information about how the platforms are accessed and used. This includes, but is not limited to, browser type and operating system, sites you visited prior to visiting and sites visited after, pages you viewed and links you click on throughout the Site, information collected through cookies, and email interactions. The uses for information collected include:
- Email marketing
- Internal marketing initiatives
- Race promotion
- Various reporting mechanisms
2. Inherent Risks of the Sport
Triathlon is a sport with various risks. By accepting these Terms you agree that you are in good health and in proper physical condition to participate in the Sport. This includes training using the provided training plan as well as competing in the Sport. You also agree that you are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair your ability to safely participate. You agree that it is your sole responsibility to determine whether you are sufficiently fit and healthy enough to participate in the Sport. You understand and acknowledge the physical and mental rigors associated with triathlon, duathlon, or other multi-sport disciplines, and realize that running, bicycling, swimming and other portions of training and competing are inherently dangerous and represent an extreme test of a person’s physical and mental limits. You understand that participation involves risks and dangers which include, 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; accidents, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Core Group and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (“Risks”). You understand that these Risks may be caused in whole or in part by your own actions or inactions, the actions or inactions of others participating in the Sport, or the acts, inaction or negligence of the Released Parties defined below, and you hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which you incur as a result of your participation in the Sport. You hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties: USAT, Ironman, Time to Tri Partners, each of their sponsors and advertisers, and the United States Olympic Committee (USOC), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to your participation in the Sport, including claims for Liability caused in whole or in part by the negligence of the parties. You further agree that if, despite these Terms, you, or anyone on my behalf, makes a claim for Liability against any of the parties, you will indemnify, defend and hold harmless each of the parties from any such Liability which any may be incurred as the result of such claim. All matters contained within these Terms shall be governed by and construed in accordance with the substantive laws of the State of Florida.
You hereby warrant that you have read these Terms carefully, and acknowledge that you will be giving up substantial legal rights by agreeing to them through checking the box (including the rights of the minor (if applicable), your spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that you have agreed to these Terms freely and voluntarily, without any inducement, assurance or guarantee, and intend for your checking of the box to serve as confirmation of your complete and unconditional acceptance of the terms, conditions and provisions of these Terms. These Terms represent the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from these Terms. If any provision of these Terms are held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
3. No Medical Advice
THE CONTENT WE PROVIDE THROUGH THE TRAINING PLAN AND SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF: (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE OUR CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US. CORE GROUP IS NOT A HEALTHCARE PROVIDER OR BUSINESS ASSOCIATE OF A HEALTHCARE PROVIDER AND IS NOT SUBJECT TO THE PRIVACY RULE OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA).
4. Limitation of Liability
The training material and content posted throughout this Site has been created at the discretion and creativity of individual (certified) triathlon coaches. While the content may be valuable for certain athletes, the material and training plans presented herein should not be construed as an official endorsement or recommendation by Core Group. AS ALWAYS, BEFORE TAKING ON ANY PHYSICAL ACTIVITY OR STRENUOUS EXERCISE REGIMINE, PLEASE DISCUSS YOUR TRAINING INTENTIONS WITH YOUR PRIMARY HEALTHCARE PHYSICIAN AND/OR ANY OTHER APPLICABLE HEALTHCARE ADVISOR PRIOR TO IMPLEMENTATION AND PARTICIPATION.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL CORE GROUP, ANY OF THEIR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ITS CONTENT (INCLUDING TRAINING PLANS) BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THESE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE, CONTENT AND TRAINING PLANS, INCLUDING WITHOUT LIMITATION ANY CORE GROUP CONTENT OR USER CONTENT, OR ANY WEBSITES LINKED FROM THE PLATFORM. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CORE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Core Group’s liability in such jurisdictions shall be limited to the extent permitted by law.
Any claim against us shall be limited to the amount you paid, if any, for use of the Site and Training Plan.
You agree to indemnify, hold harmless, and defend the Core Group , and its affiliates and licensors, coaches, and each of their respective officers, directors, contractors, agents, owners, employees, successors and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Site (including, without limitation, your User Content and your use of any Core Group Content including the Training Plan), (ii) your online conduct, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, or (vi) any of your dealings or transactions with other persons resulting from use of the Site. You shall not settle any such claim without the prior written consent of Core Group. These obligations will survive any termination of these Terms.
6. Disclaimer of Warranties
YOUR USE OF THE TRAINING PLAN AND ANY CONTENT PROVIDED IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, TRAINING PLAN OR CONTENT, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, OR GOODS APPEARING OR OFFERED ON THE SITE OR TRAINING PLAN OR WITH RESPECT TO ANY WEBSITES LINKED FROM THE SITE. THE SITE AND TRIANING PLAN ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SITE OR OTHERWISE BY CORE GROUP. FURTHER, THERE IS NO WARRANTY THAT THE SITE OR TRAINING PLAN WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, THAT THE SITE OR TRAINING PLAN, INCLUDING WITHOUT LIMITATION CORE GROUP CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. CORE GROUP DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH CORE GROUP CONTENT OR ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR CORE GROUP CONTENT. CORE GROUP MAKES NO REPRESENTATION THAT THE SITE AND TRAINING PLAN ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF CORE GROUP SHALL CREATE ANY WARRANTY.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7. Dispute Resolution
This section applies to any dispute you have with Core Group, unless the dispute involves rights to your, the Core Group’s, or any of our licensor’s intellectual property.
Location and Governing Law. These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of Florida, as applicable, without giving effect to their principles of conflicts of law. By using the Training Plan and Site, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
Notice of Dispute. For any problem or dispute that you may have with Core Group, you acknowledge and agree that you will first give Core Group an opportunity to resolve your problem or dispute. This includes you first sending a notice of dispute (“Notice of Dispute”), which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and a proposed solution. You must send any Notice of Dispute by U.S. Mail to the Legal Department, USA Triathlon 5825 Delmonico Dr. Ste 200, Colorado Springs, CO, 80919 and to the Legal Department, IRONMAN, 3407 W. Dr. Martin Luther King Jr. Blvd., Suite 100, Tampa, Florida 33607. You then agree to negotiate with Core Group in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Core Group receipt of your written description of it, you agree to the further dispute resolution provisions below.
Binding Arbitration. If you and Core Group do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Core Group will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Arbitration Procedures. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You agree to commence arbitration only in Hillsborough County, Florida. Core Group agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
Claims or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in small claims court, or in an arbitration proceeding. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn't filed within one year, it's permanently barred.
8. Contact Information
Please direct any questions, complaints or claims related to the Site or Training Plan or your use of either or requests to use a copyrighted work or trade or service mark right to [email protected].