Your use of the Site constitutes your binding acceptance of these Terms, including any modifications made to the Terms. Read these terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site. If you do not wish to be bound by the Terms, you may not access or use the Site.
TD1 has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
(1) change or terminate all or any part of our Services;
(2) restrict or terminate your access to all or any part of our Services; or
(3) refuse, move, revise or remove any content that is available on the Site and any material that you submit to the Site.
Access to the Site. TD1 is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally-binding contracts under applicable law, or individuals who have the permission of their parent or legal guardian to access the site. Without limiting the foregoing, you must be 13 years of age or older to register for and/or use the Site or the Services, and individuals under the age of 18 are not permitted to use the Site without the permission and supervision of a parent or legal guardian. If you are under 18, your parent or guardian will need to approve your participation in The Dominant One Athlete Challenge (described further below) before you begin using the Site and provide [a phone number and] email address so that we may, in our sole discretion, contact them to explain The Dominant One Athlete Challenge and the functionality of the Site and to confirm their approval for your participation. If you do not satisfy all of these requirements, please do not use the Site or the Services. TD1 reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion.
User Obligations. In consideration of your use of the Site and/or the Services, you agree to be subject to certain obligations. For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if TD1 has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, TD1 has the right to refuse any and all current or future use of the Site (or any portion thereof).
Disclaimer Regarding Use of the Site and the Services. You acknowledge and agree that you use the Site and the Services at your own risk and that TD1 cannot and will not be liable for any injuries, disorders, or physical or mental problems ("Injuries") that occur during or from your use of the Site or the Services, including but not limited to Injuries that are the result of any discomfort or indications of injury or potential injury experienced while using the Site, the Services and/or your failure to contact a physician or other medical professional about those issues. If you experience any discomfort or indications of injury or potential injury while using the Site or the Services, you agree to immediately stop using the Site and the Services and consult a physician or other medical professional as appropriate. This warning is not intended to provide medical advice and may not be relied upon as such. If you have any questions or concerns, you should consult a physician or other medical professional.
Accounts and Password Security. In order to use certain features of the Site or applicable Services (for example, to create a profile, upload photos or videos, to access the TD1 training program) or to participate in The Dominant One Athlete Challenge, you will have to register and create a password-protected account (your "Account"). Users with Accounts may be permitted to submit, post or upload to the Site videos, images, files, information, postings, tags, comments, messages, essays, and other text ("Content"). You agree and acknowledge that you will not allow others to utilize your Account and you will not transfer your Account to anyone without first obtaining TD1's written permission. You are responsible for maintaining the confidentiality of your password and Account, and are fully responsible for all activities that occur under your password and Account. You agree to: (i) immediately notify TD1 of any unauthorized use of your password or Account or any breach of security, and (ii) ensure that you fully exit from your Account at the end of each session (unless you wish to keep your session open, in which case you will remain logged into your Account for a time period determined by TD1; however, please note that leaving your session open may increase the chance of unauthorized use of your Account). You further agree not to solicit or use anyone else's password on the Site, attempt to gain access to the accounts of other members, or create an account for anyone other than yourself without permission. TD1 cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
TD1 reserves the right (but not the obligation) to terminate your access to your Account at any time without notice for any reason whatsoever. You acknowledge and agree that TD1 shall not be liable for removing or disabling any Content from the Site in connection with any Account termination.
Use of the Site and Interactive Areas. The Site may contain areas that allow for user interaction, including your profile page, bulletin board services, chat areas, blogs, forums, or other message and communications features ("Interactive Areas"). You are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site. You agree to upload, submit, post, email or transmit via the Site only Content that is proper, lawful, and related to the particular Interactive Area. In addition to all of the other restrictions contained in these Terms, but without limitation, you may not upload, submit, post, email or transmit to or via the Site any Content or engage in any conduct on the Site that:
Further, you agree that you shall not:
TD1 reserves the right (but not the obligation) to terminate your access to the Site and/or terminate your Account at any time without notice for any reason whatsoever. If TD1 disables your Account, you agree not to create another one without first obtaining TD1's permission.
Submissions to TD1 and Interactive Areas and Licensing of Content. You acknowledge that all Interactive Areas are public and not private communications; therefore, any Content you post to an Interactive Area may be viewed or read by others (including, without limitation, your profile, videos and photos (along with any related titles and descriptions)). TD1 recommends that you avoid posting in the Interactive Area or otherwise disseminating through the Site any personally identifiable information, or other Content that you consider to be private.
TD1 does not endorse and is not obligated to control the Content found in any Interactive Area and, therefore, TD1 specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
By submitting Content to the Interactive Areas or otherwise to TD1 or the Site, you agree that such Content and any geographical identification metadata (geotags) or other metadata, attributes, features or characteristics relating to the Content ("Metadata") is non-confidential for all purposes. If you submit, post or upload any Content to the Site or if you submit any business information, idea, concept or invention to TD1 or the Site, you automatically grant, or warrant that the owner of such Content or intellectual property has expressly granted, TD1 a royalty-free, fully paid-up, perpetual, irrevocable, world-wide, nonexclusive license to use, copy, process, adapt, transmit, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and sublicense the Content and Metadata relating to the Content in any media or medium, or any form, format, or forum now known or hereafter developed (the "License"). You agree that this License includes the right for TD1 to make such Content available to other companies, organizations or individuals who partner with TD1 for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to these Terms regarding Content use. If you wish to keep any content, information, Metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Interactive Areas or the Site. You agree that in the event TD1 receives any royalties, compensation or other payments associated with exercising the rights granted to it under the License, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that TD1 may, in its sole discretion, use any Content for which it has a License in a manner that may link to, refer to or reference your name or other profile information, such as use of your Content on the TD1 home page, a TD1-generated webpage or an affiliated or partner website in a manner that links to or references your name or other personally identifiable information.
You further acknowledge and agree that TD1 has the right at any time to change, modify or delete any Content you submit, post or upload to the Site in its sole discretion, including but not limited to the right to change, modify or delete profile information, photos, videos, or any other Content for any or no reason. You also acknowledge and agree that TD1 shall have the right to apply categories, tags, labels, profiles, attributes or other features or characteristics to any Content that you submit, post or upload to the Site.
You acknowledge and agree that TD1 may archive, preserve, store or use any Content and Metadata you submit, post or upload to the Site and may also disclose that Content and Metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms; (3) respond to claims that any Content or Metadata violates the rights of third-parties; or (4) protect the rights, property, or personal safety of TD1, the Site, its users and the public.
The Dominant One Athlete Challenge. Through the Site, TD1 may provide The Dominant One Athlete Challenge (the “Challenge”). Full rules applicable to the Challenge can be found here.
Participation in the Challenge constitutes each contestant’s consent to TD1's use of contestant’s name, picture, voice, likeness, biographical information and/or hometown and state, high school, sport and position, essays, videos, and any other Content submitted to the Site or otherwise submitted to TD1 for advertising and promotional purposes at any time, in any media, worldwide, without further payment or consideration.
TD1 reserves the right to cancel, suspend and/or modify the Challenge, or any part of it, if any fraud, technical failures or any other factor beyond TD1’s reasonable control impairs the integrity or proper functioning of the Challenge, as determined by TD1 in its sole discretion. TD1 reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Challenge or to be acting in violation of rules applicable to the Challenge, these Terms or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Challenge may be a violation of criminal and civil law, and, should such an attempt be made, TD1 reserves the right to seek damages from any such person to the fullest extent permitted by law. TD1’s failure to enforce any term of the rules applicable to the challenge or these Terms shall not constitute a waiver of that provision.
Limits on Liability. TD1 Athlete Challenge, LLC, its respective affiliates and subsidiaries and all of their respective officers, directors, employees, shareholders, members, managers, successors, agents, and relevant third parties, including, without limitation, advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors will not be liable for:
Site Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, Content and Services provided through the Site. You acknowledge that you may not rely on any Content on the Site. TD1 does not endorse or represent the reliability, accuracy or quality of any information, including any non-TD1 goods, services or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on this Site. You acknowledge and agree that TD1 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any non-TD1 content provided on the Site or through the Services. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you hereby waive any and all legal or equitable rights or remedies you have or may have against TD1 with respect to such Content.
Any offers, invitations, discounts, promotional codes, packages and pricing listed on the Site are subject to change at any time. The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction and/or inaccuracies relating to contest rules and eligibility. TD1 shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. TD1 reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the Services, at any time without notice, including after confirmation of a transaction.
Third Party Websites and Services. Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by TD1 of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website or service which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because TD1 has no control over third-party websites and resources, you acknowledge and agree that TD1 is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, services or other materials on or available from such third-party sites or resources. You further acknowledge and agree that TD1 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, resources or services, or to transact with such third party for their products, properties or services, you do so entirely at your own risk. By leaving this Site, you may be subject to the terms and conditions and the privacy policies of such third-party websites.
Proprietary Rights. You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by TD1 or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site owned by TD1 are the copyright of TD1. All rights reserved. You agree that all of TD1’s trademarks, trade names, service marks, logos and service names are trademarks and are property of TD1 (the "TD1 Marks"). You agree not to display or use in any manner the TD1 Marks, without the express prior permission of TD1.
No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site or Services.
Indemnification. You agree to indemnify, defend and hold TD1 Athlete Challenge, LLC, its respective affiliates and subsidiaries and all of their respective directors, officers, members, managers, employees, agents, successors and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “TD1 Indemnified Parties”) harmless from and against any claims, demands, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (1) your negligence or misconduct; (2) your information or any other materials contributed to or submitted through the Site or the Services, including without limitation information associated with your Account; (3) your conduct, including your use of the Site and Services; (4) any Injury sustained by you in connection with your use of the Site or the Services, including, without limitation, your failure to consult a physician before utilizing the Site or the Services; (5) your connection to the Site; (vi) any violation or breach of these Terms; or (6) your violation or infringement of any intellectual property, privacy, publicity, confidentiality, proprietary or other rights of any person or entity (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the TD1 Indemnified Parties. TD1 shall have the right, in its sole discretion, to select its own legal counsel to defend the TD1 Indemnified Parties from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of TD1’s reasonable attorneys’ fees incurred in connection therewith. You shall notify TD1 immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or TD1’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of TD1, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any of the TD1 Indemnified Parties.
Enforcement. TD1 does not assume responsibility to you or others for any failure by TD1 to enforce the provisions contained in the Terms.
Termination. You agree that TD1, in our sole discretion and with or without notice, may terminate your use of the Site or the Services (or any part thereof) for any reason, including, without limitation, for lack of use or if TD1 believes that you have violated or acted inconsistently with the letter or spirit of the Terms. TD1 may also in its sole discretion and at any time discontinue providing the Site, your Account or any Content (including Content submitted, posted or uploaded by you), or any part or parts thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that TD1 may immediately bar any further access to the Site. Further, you agree that TD1 shall not be liable to you or any third party for any termination of your access to the Site.
General Acknowledgments. You acknowledge that TD1 may establish general practices and limits concerning your use of the Site. You agree that TD1 has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. TD1 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Services (or any part thereof) with or without notice. You agree that TD1 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Services. You further acknowledge that TD1 reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notice And Procedure For Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), TD1 reserves the right, but does not have the obligation, to terminate your right to use the Site if TD1 determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. TD1 accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, TD1 has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of TD1 to receive notification of claimed infringement is:
TD1 Athlete Challenge, LLC
c/o Corr-Jensen Labs, Inc.
6341 South Troy Circle, Unit E
Centennial, Colorado 80111
TD1 respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Governing Law. You and TD1 agree that the Terms and the relationship between you and TD1 shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws analysis. You and TD1 hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Denver, Colorado, or the United States District Court for the District of Colorado for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court. You and TD1 irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Waiver. TD1’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TD1 in writing.
Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.
Headings. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.
by writing to us at:
TD1 Athlete Challenge, LLC
c/o Corr-Jensen Labs, Inc.
6341 South Troy Circle, Unit E
Centennial, Colorado 80111