Adventure Lough Derg – Terms and Conditions or Terms of Service
Elite Sports Tech Ltd, trading as Hotfoot.
Terms of Service
BY REGISTERING FOR, UPLOADING TO AND/OR DOWNLOADING DATA AND INFORMATION FROM THE PLATFORM, YOU CONSENT TO BE BOUND BY THESE TERMS. BY TICKING THE BOX ON REGISTRATION, AND AT ANY OTHER TIME ON LOGGING IN TO THE PLATFORM AND THROUGH YOUR CONTINUED USE OF THE PLATFORM, YOU AGREE TO BE BOUND TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, THEN DO NOT REGISTER FOR THE PLATFORM, OR USE ANY OF THE SERVICES MADE AVAILABLE THEREIN. BY TICKING THE BOX YOU CONFIRM THAT YOU HAVE READ, YOU ACCEPT AND HAVE UNDERSTOOD THE TERMS OF THIS AGREEMENT, THAT YOU ALSO CONSENT TO USE ELECTRONIC SIGNATURES AND ACKNOWLEDGE YOUR TICKING OF BOX TO BE AN ELECTRONIC SIGNATURE SUFFICIENT TO BIND YOU TO THE TERMS OF THIS AGREEMENT.
This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
1. REGISTRATION AND ACCOUNTS
1.1 Age: The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
1.2 Registration: To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the user Data. You agree that Hotfoot may use your Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Data that is inaccurate or not current, or Hotfoot has reasonable grounds to suspect that such Data is inaccurate or not current, Hotfoot has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
1.3 Passwords: You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Hotfoot of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to user Data and any other information or content you provide to Hotfoot.
1.4 Social Networks: You may register for or log-in to your account via a third-party social network, such as Facebook or Google. If you do so, you hereby authorize Hotfoot to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
1.5 Account Limitation: We may impose limits on certain features of the Platform and the Services or restrict your access to parts or all of the Services without notice or liability. Should you have difficulty accessing the Platform, please contact us. For as long as we continues to offer the Platform and the Services, we shall provide and seek to update, improve, and expand. Therefore, Hotfoot reserves the right, at its discretion, to modify these Terms at any time by posting a notice on the Platform, or by sending you a notice via e-mail, and you consent to the receipt of such notice. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Platform and the Services following such notification constitutes your acceptance of these Terms as modified. Any new features that materially augment or enhance the Platform and/or the Services currently available, including the release of new tools and resources, shall be subject to these Terms (as updated). You can review the most current version of these Terms at any time on the relevant Google Play or iTunes store and on our website.
1.6 Account Availability: We will use reasonable efforts to ensure that the Platform and the Services are available twenty-four hours a day, seven days a week. However, access to the Platform and Services shall be as they may exist and be available on any given day and the Company has no other obligation, except as expressly stated in these Terms. There will be occasions when the Platform and the Services will be unavailable or interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Hotfoot to minimize such disruption where it is within the Company’s reasonable control. YOU AGREE THAT HOTFOOT WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE, OR LACK OF AVAILABILITY OF THE PLATFORM, SERVICES, OR OTHER CONTENT. We retain the right to create limits on use and storage with respect to the Platform and the Services determined at our sole discretion at any time with or without notice.
1.7 Suitability: You certify to Hotfoot that you are legally permitted to use the Platform and the Services, and take full responsibility for the selection and use of the Platform and the Services. You are the best judge of the suitability of any software for your particular needs and you confirm that you have reviewed the Platform and the Services (as applicable) and are satisfied to proceed to engage with the Platform and the Services.
1.8 Prohibition by law: This Agreement is void where prohibited by law, and the right to use the Platform and Services are revoked in such jurisdictions. Hotfoot makes no claim that the Services may be lawfully used or that Content may be uploaded or downloaded in any jurisdiction save the jurisdiction specified by these Terms. Access to the Content made available via the Platform may not be legally permitted by certain persons or in certain countries. If you use the Services or the Platform from outside the United States of America or the EU, you do so at your own risk and you are responsible for compliance with the laws of that jurisdiction. Furthermore, if you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with a detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
1.9 Privacy: Please note that privacy is very important to us. The Hotfoot Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Hotfoot processing data about you, and other Hotfoot users, including your location data. Processing of the data you share with Hotfoot, including location data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
2. PAYMENTS AND FEES
2.1 Payments: To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by Hotfoot) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting on your account profile. If you paid through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Hotfoot, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately.
2.2 Fees: In order to access certain functionality of the Services, you may be required to pay subscription fees as detailed on the Platform. Subscription fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. Users changing from monthly to annual subscriptions will have the annual rates take effect at the beginning of the next billing date. You agree to pay the subscription fees, and other charges you incur in connection with your Hotfoot account, whether on a one-time or subscription basis. Hotfoot reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
2.3 Auto-Renewal: Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.
2.4 Cooling Off: You may be entitled to change your mind and receive a full refund within fourteen (14) days (the “Cooling-off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-off Period.
2.5 Cancellation/Cancellation of Subscription: If you signed up on Hotfootapp.com, you may cancel your subscription in the profile settings. You can delete your account at any time.
3. CONTENT AND CONDUCT
3.1 Content: You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third-party API (e.g. a photograph submitted via Instagram or other social media platform). Routes created by using the Services are not considered Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.
3.2 Conduct: You understand that you, and not Hotfoot, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Hotfoot does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Hotfoot may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Hotfoot be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
3.3 Hotfoot and your Content: You agree that Hotfoot is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Hotfoot, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Hotfoot is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Hotfoot in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of Hotfoot other than as set forth in our privacy, and Hotfoot will not be liable for any use or disclosure of any Content you provide.
3.4 Limitations: The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. Hotfoot will maintain the privacy of such Content in accordance with your elections.
3.5 Permissions: You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the Hotfoot service without compensation to you.
3.6 Conduct: The Platform and the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:
a) Copying, framing or mirroring any part of the Services;
b) Accessing the Services to monitor its availability, performance or functionality;
c) Permitting any third party to access the Services;
d) Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Hotfoot;
e) Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
f) Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Hotfoot internet protocol space;
g) Avoiding payment of charges or fees payable by you with respect to the Services;
h) Committing any act that may be harmful to minors;
i) Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
j) Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Hotfoot than a human can reasonably produce in the same period of time by using a conventional web browser;
k) Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
l) Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
m) Using the Services for any inappropriate commercial solicitation purposes;
n) Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
o) Submitting to the Services or to Hotfoot any personally identifiable information, except as necessary for the establishment and operation of your account;
p) Submitting to the Services or to Hotfoot any information that may be protected from disclosure by applicable law;
q) Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
r) Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
s) Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
t) Executing any form of network monitoring or running a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.
3.7 Incidental Charges: You understand and agree that use of the Platform and the Services may entail the applicability of certain incidental usage charges (“Incidental Charges”) during the installation and use of the Services. These Incidental Charges may, among others, be levied by your mobile network operator or your internet service provider. You are advised to consult your mobile data or internet data plan to identify the Incidental Charges which may be incurred prior to the installation and operation of these Services..
3.8 Communication with your contacts: You hereby confirm and acknowledge that you have the right to communicate with your contacts via the Services.
3.9 Representation and Warranty: You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
3.10 Electronic Communications: The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other users and/or Hotfoot. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Hotfoot provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Hotfoot (unless expressly stated otherwise by Hotfoot) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Hotfoot in any manner, though Hotfoot reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
4. Proprietary Rights
4.1 Intellectual Property Right(s)” includes any patent, trade or other mark, registered design, topography right, copyright, database right, or any other right in the nature of any of the foregoing (or application, or right to apply for, any of the foregoing), and trade or business name, invention, discovery, improvement, design, technique, confidential process or information or know how, in each case subsisting anywhere in the world and whether registered, unregistered, or unregisterable, and any license or right of user of any of the foregoing, and the full right to all legal protection relating to the same;
4.2 Vesting: You acknowledge that all Intellectual Property Rights, title and interest in the Platform and the Services contained therein, throughout the world belong to Hotfoot, that rights in the these are licensed (not sold) to you, and that you have no rights in, or to, the Platform and the Services other than the right to use them in accordance with these Terms.
4.3 Contributions: Hotfoot via the Platform provides a feedback facility and engages in surveys from time to time. Please note that Hotfoot develops or is developing similar ideas independently of any content, information, ideas, suggestions, or other materials which you may supply. Any ideas, suggestions, documents, improvements, comments, proposals, or feedback in relation to the operation of the Platform and or the Services (“Feedback”) in whatever manner or form facilitated by the Platform; any such communication with Hotfoot whether verbally, via postings on blogs, forums, questionnaires, email, and the like (“Communication”), you acknowledge and agree that such Feedback and or Communication (together “Contributions”):
a) do not contain confidential or proprietary information;
b) do not create any express or implied obligation of confidentiality in respect of Hotfoot;
c) Hotfoot is free to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
d) does not preclude Hotfoot from having something similar to the Contributions already under consideration or in development;
e) that you irrevocably waive and assign all right, title, and interest in and to the Contributions to Hotfoot;
f) does not entitle you to any compensation, royalty, or reimbursement of any kind from ONCOassist or Hotfoot under any circumstances; and
g) you further agree to provide Hotfoot with such assistance as may be required in documenting, perfecting and maintaining Hotfoot’s rights in and to any such Contributions.
4.4 Undertaking: You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Hotfoot or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.
4.6 Licence: Hotfoot grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by Hotfoot.
4.7 Hotfoot Intellectual Property Rights: The term Hotfoot, the Hotfoot logo and other Hotfoot logos and product and service names are the exclusive trademarks of, and are owned by, Hotfoot and you may not use or display such trademarks in any manner without Hotfoot’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.
4.8 Reservation of Rights: Hotfoot reserves all rights not expressly granted hereunder.
5. WARRANTY, DISCLAIMER AND LIMITATIONS OF LIABILITY
5.1 WARRANTIES AND DISCLAIMER
a) THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. HOTFOOT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. HOTFOOT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
b) YOU EXPRESSLY AGREE THAT HOTFOOT IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS 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. SHOULD YOU HAVE ANY HEALTH 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 THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES 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 HOTFOOT.
c) THE USE OF THE LOCATION SERVICE IS NOT SUITABLE FOR EMERGENCY SITUATIONS AND SHOULD NOT BE RELIED UPON DURING SUCH TIMES. WE SHALL NOT BE LIABLE FOR ANY RELIANCE PLACED BY YOU ON THE LOCATION SERVICE BEING AVAILABLE FOR ANY SITUATION INCLUDING THE CASE OF AN EMERGENCY. THE ACCURACY OF THE LOCATION SERVICE IS SUBJECT TO NETWORK CAPABILITIES, ENVIRONMENTAL CONDITIONS, AND WHETHER OR NOT THE DEVICE IS FUNCTIONING PROPERLY, POWERED ON AND WITHIN COVERAGE AND THEREFORE WE ARE NOT ABLE TO GUARANTEE THAT THE RESULTS YOU MAY OBTAIN WILL BE ACCURATE, TIMELY OR RELIABLE.
d) YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, CYCLING, RUNNING, OR FOLLOWING A HOTFOOT TRAINING PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF HOTFOOT OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
e) YOU EXPRESSLY AGREE THAT HOTFOOT DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT ARE ORGANIZED BY A CLUB ADMINISTRATOR.
f) YOU EXPRESSLY AGREE TO RELEASE HOTFOOT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE HOTFOOT WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY HOTFOOT TRAINING PLAN), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY HOTFOOT (INCLUDING, WITHOUT LIMITATION, ANY HOTFOOT TRAINING PLAN) WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HOTFOOT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
g) BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
h) HOTFOOT DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USERS CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.
i) THE MAXIMUM AGGREGATE LIABILITY OF HOTFOOT TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50)/FIRTY EURO (WHERE RELEVANT TO YOUR JURISDICTION) OR (b) THE AMOUNT OF FEES PAID BY YOU TO HOTFOOT IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.
j) IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.
5.2 Indemnity: You agree to indemnify and hold Hotfoot and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your athletic activities which generate the Content you post or seek to post on the Services (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events which Hotfoot sponsors, organizes, participates in, or whose Services are used in connection with), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to Hotfoot are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
5.3 Time Limitation on Claims: You agree that any claim you may have arising out of or related to your relationship with Hotfoot and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This provision does not apply if you are based in the European Union in which case time limitations shall be determined in accordance with governing law for EU users mentioned below.
5.4 Choice of Law and Forum: Any action related to the Terms, Content, the Services, and your relationship with Hotfoot shall be governed by, and construed and interpreted in accordance with, EU Law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. If you are a user based in the European Union, then Irish law shall apply to these Terms and the Irish courts shall have exclusive jurisdiction to hear disputes arising in relation to the Terms. Despite this, your local laws in your European Union Member State may allow you to take legal action against Hotfoot in your Member State and to invoke certain local laws against Hotfoot.
6.1 You agree that Hotfoot may, under certain serious circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) non-payment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in Hotfoot’s sole discretion and that Hotfoot shall not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Content and Conduct, Clubs, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Choice of Law and Forum, and General.
7. INTEGRITY OF DATA
7.1 Not Bespoke: You acknowledge that the Platform, the Services, and the software have not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Platform and the Services as described on the Website meet your requirements.
7.2 Minor Errors: You acknowledge that the Platform and the Services may not be free of bugs or errors and you agree that the existence of any errors shall not constitute a breach of this License.
7.3 Insurance: You agree that you are the best judge of the value and importance of the data held on your Hotfoot Account and that you will be solely responsible for taking out any insurance policy or other financial cover for loss or damage which may arise from loss of data for any reason and for any requirement to insure yourself from harm while using the Platform against bodily injury.
8.1 Service messages: For the purposes of service messages and notices about the Services to you, Hotfoot may place a banner notice across the Platform to alert you to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information, or via a digital distribution platform for mobile applications, applicable to your particular device.
8.2 General Communication: You also agree that Hotfoot may communicate with you through your account or through other means including email, mobile, and telephone about your account or services associated with Hotfoot. Please review your settings to control what kind of messages you receive from us. To unsubscribe from any communication we circulate to you, please click on the unsubscribe mechanism at the bottom of the communication. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so, to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Platform and Services.
8.3 Contacting Us: In addition Hotfoot may be contacted via mail at: Rockfield, Tralee Road, Killarney, Co. Kerry, Ireland and via email at email@example.com
9.1 Waiver: If Hotfoot fails, at any time for the duration of these Terms, to insist on strict performance of any of your obligations, or if Hotfoot fails to exercise any of the rights or remedies to which it is entitled under this License, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
9.2 Severance of Terms: If any of the terms of these Terms are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
9.3 Entire agreement: These Terms together with the referenced clauses or provisions herein and any document expressly referred to in it represents the entire agreement between you and Hotfoot, in relation to the licenses hereunder and supersedes any prior agreement, representation, understanding, or arrangement between us, whether oral or in writing. Both Parties hereunder acknowledge that, in entering into these Terms as a contract, neither Party has relied on any representation, undertaking, or promise given by the other or implied from anything said or written in negotiations between us before entering into this License except as expressly stated in these Terms.
9.4 No Partnership: You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Hotfoot as a result of the Terms or your use of the Services.
9.5 Assignment: You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Hotfoot. Hotfoot has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfil its duties and obligations under these Terms and in connection with the Services.