TriTats Website Terms and Conditions
This page sets forth the terms and conditions under which TRITATS LLC provides the access to and information on this Website, as well as the terms and conditions governing your use of this Website. By making use of this Website, you agree to be bound by the terms and conditions we have outlined below. If you do not accept these terms and conditions, do not continue to use or access this Website. We reserve the right, at our discretion, to update, change, modify, add, or remove portions of this policy from time to time. Your continued use of this Website following the posting of changes to these terms will mean you accept those changes.
"TRITATS LLC" means TRITATS, TriTats, Tour de France 2 and any and all subsidiaries or other trade names.
"TRITATS LLC Website" or "Website" means all websites, and all subsequent web pages made available by or through such websites, owned or operated by TRITATS LLC. The Website may contain links to third party URL's. Once such a third party link has been accessed, a user is no longer accessing the TRITATS LLC Website.
"You" and "Your" means you, an individual user entering into this Agreement, or the entity on whose behalf you enter into this Agreement.
License for Use of Website
Your use of the TRITATS LLC Website shall be governed exclusively by the terms of this Agreement. TRITATS LLC grants to You a non-exclusive and non-transferable license to:
- Use the TRITATS LLC Website as provided herein, until this Agreement is terminated;
- Access, load, store and operate the TRITATS LLC Website with browser software; and
- Display, download and print portions of the TRITATS LLC Website to research and/or purchase product(s) and/or service(s), print logos and utilize the online resources, subject to the limitations in this Agreement.
The Website includes original works of authorship (including, but not limited to, derivative works based on graphical scans or typed text of public domain materials) that are both proprietary and intellectual properties of TRITATS LLC or its clients, carriers or other suppliers and are protected by both the terms of this Agreement as well as domestic and foreign contractual and intellectual property laws including but not limited to copyright, trademark, patent, and trade secret laws.
Copyright. All content included on this Website, such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software, is the exclusive property of TRITATS LLC, its clients, carriers, suppliers, and licensors and is protected by United States and international copyright laws. Licensed material provided by clients includes logos, photographs, drawings, names, likenesses, images, voice, video, and other identifying material in any format whatsoever ("Licensed Material"). The respective owners and licensees of any copyrights included in the Website retain and reserve all of their rights related to such copyrights.
Trademark. TRITATS LLC¨, TriTats, TriTat are registered service marks of TRITATS LLC with all rights reserved. The Website may include these and other registered or unregistered trademarks or service marks of TRITATS LLC, its clients, carriers or suppliers. The respective owners and licensees of any marks included in the Website retain and reserve all of their rights related to such marks.
Patent. One or more patents may apply to the TRITATS LLC Website, to the TriTats system of body marking & selling event sponsorships and to the features and services accessible therein, including U.S. and foreign patents.
Trade Secrets. The TRITATS LLC Website may contain software or other information that is confidential and proprietary to TRITATS LLC, and/or protected by the trade secret laws of the individual states of the United States and of foreign countries.
Notwithstanding the above, you shall NOT, without the prior written consent of TRITATS LLC:
- Decompile, reverse engineer, disassemble and/or create derivative works from the TRITATS LLC Website;
- Remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark and patent designations contained in the TRITATS LLC Website;
- Upload, post, email, transmit, publish, re-publish, distribute, display or otherwise make available the TRITATS LLC Website to any third parties;
- Use the TRITATS LLC Website for any commercial, financial or other beneficial purpose, including, but not limited to, advertising, the exploitation, rental, lease, sale or resale of the TRITATS LLC Website;
- For a period of more than twenty-four (24) hours, cache or otherwise temporarily store the TRITATS LLC Website or component thereof, on any server or other device used to communicate with individual personal computers or personal devices. Such limitation does not include cache which is automatically stored by an individual personal browser application;
- Store the accessed, used, or downloaded TRITATS LLC Website in any electronic, magnetic, optical or other format now known or hereinafter created for more than thirty (30) days;
- Assign, rent, lend, lease, sell, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components or create derivative works of the Website; or
- Remove, modify, hide or otherwise make unreadable or non-viewable any notice, legend, advice, watermark or other designation contained on the Website, component thereof or output there from.
- (a) Co brand the Website, (b) frame the Website, or (c) hyper-link to the Website, or authorize or engage any other party to do any of the foregoing, without the express prior written permission of an authorized representative of TRITATS LLC. For purposes of this Agreement, "co-brand" or "co branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or content accessible within this Website. You agree to cooperate with TRITATS LLC in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
- You shall not interrupt, or attempt to interrupt, the operation of the Website in any way.
- The Website may include technological protection measures that effectively control access, reproduction or distribution of the proprietary or intellectual properties accessible through the Website. Any attempt to tamper or dismantle these protections is a breach of this Agreement, and may be a violation of the Digital Millennium Copyright Act of 1998, and may subject the violator to civil and criminal penalties.
Representations and Warranties
You represent, warrant and covenant that:
You are of a proper age to enter into this Agreement.
You are entering this Agreement with a sound mind and not under duress or emotional distress.
Any information that You have or shall provide to Us through the Website is true and accurate, and You shall modify such information as necessary or appropriate to maintain the accuracy of the information.
You shall at all times comply with all applicable laws, rules and regulations with respect to Your use of the TRITATS LLC Website and with respect to any product or service related thereto.
You shall not use the TRITATS LLC Website to infringe, misappropriate or violate any rights of TRITATS LLC and/or any third party, including, but not limited to any customer of TRITATS LLC or any entity associated with or visiting the TRITATS LLC Website.
You shall comply at all times with this Agreement, including any modifications to this Agreement and/or the Agreements to which there is or may in the future be a link and a reference herein. The issue of Modification is set forth below.
TRITATS LLC is committed to ensuring the privacy and confidentiality of the information it receives.
To assist in servicing your business with us, we may obtain non-public personal information. It could be information we receive from you verbally or from emails, on forms and applications, such as name, address, race date, phone and fax numbers, email address, Social Security number, drivers license number, assets, income, medical information, etc. We'll get information from your transactions with us, as well as your current and past services such as payment history, account balance, logos, etc. We may obtain information from third parties or consumer reporting agencies such as credit history, etc. The nature and extent of the information we obtain varies based on the nature of the products and services you ask us to provide.
We do not sell information about our customers.
If you supply us with your telephone numbers on-line, you may receive telephone contact from us. If you give us your email address, you may receive email from us in the future.
The importance of security for all personally identifiable information associated with our guests is of utmost concern to us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, TRITATS LLC cannot ensure or warrant the security of any information you transmit to us or from our online applications, products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our internal systems.
This website may contain links to other Websites. TRITATS LLC is not responsible for the privacy practices or the content of such Linked Websites. Contact the authors or webmasters at those websites for their privacy practice statement.
If you visit our Website to browse, read, or download information:
You can browse our Website without telling us who you are or revealing personal information about yourself. In this case our Web servers automatically collect and store: the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our sites; and the Internet address of the Website from which you linked directly to our sites.
We may use your IP address to assist in correcting server problems and to administer our Website. Additionally, we may use this information for statistical purposes, such as determining user demographics for advertising purposes.
We may use this information only as anonymous aggregate data to determine the number of visitors to different sections of our sites, to ensure the sites are working properly, and to help us make our sites more useful. We do not use it to track or record information about individuals.
If you are browsing, a cookie or tracking mechanism is used to help us measure the number of visits, time spent, pages viewed and other Website statistics. This cookie, by itself does not reveal to us your e-mail address, or who you are. If you decide to request information or a rate quotation from TRITATS LLC, or one of our subsidiaries, we may collect additional information in order to properly respond to your request.
Cookies are small pieces of data stored by your internet browser on your computer's hard drive. They cannot be used to collect data from your hard drive, obtain your e-mail address or personal information about you. You may set your browser to notify you when you receive a cookie or to prevent cookies from being sent. Please note that when you block the acceptance of cookies you limit the functionality we can provide when you visit our Website.
An IP address is a number that's automatically assigned to your computer whenever you are connected to the Internet and surfing the Web. Web pages automatically identify your computer by its IP address. TRITATS LLC collects IP addresses for the purposes of system administration, and to audit the use of our Website. When guests request pages from TRITATS LLC, our servers log the guests' IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user remains anonymous to us. We will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, Website, customers or others.
Security and protection of Information
Passwords and Security
For certain Website functions such as use of our Certificate Management system, You will be able to choose a user password during the registration process. You alone are responsible for maintaining the confidentiality of the password and account access. You are also responsible for all activities or transactions that occur which are authorized by your password. You agree to immediately notify TRITATS LLC of any unauthorized use of your password or account. Allowing another person to use a login-id and its associated passwords, using a login-id and password assigned to another person, or attempting to gain access to resources for which one is not authorized is a serious breach of security and a violation of the Website agreement.
You must notify TRITATS LLC immediately to eliminate access to any individual who is no longer entitled to access your account, due to separation of employment or change in status. We will not be responsible or liable for any loss or damage arising out of your failure to comply with this provision. TRITATS LLC will keep your registration information confidential. We reserve the right to block access to the Website should we suspect that your account is being accessed without your permission for use not permitted by the Terms and Conditions. You may contact us to re-establish your registration should this occur
The TRITATS LLC Website may contain links to third party websites, and other websites may contain links to the TRITATS LLC Website, such websites not being owned by, or under the direct control of or maintenance by, TRITATS LLC ("Linked Websites").
These Linked Websites are provided solely for your convenience. Since other sites are not under our control, we cannot guarantee the quality, accuracy, functionality or timeliness of those sites. TRITATS LLC makes no warranties or representations about, and disclaims any responsibility for, the contents of any products or services offered in such third-party sites. Any reference to a Linked Website or any specific product or service by name does not constitute or imply its endorsement by TRITATS LLC. Questions about the content of those sites should be directed to their authors.
TRITATS LLC is not responsible for licensing any content or application provided by or through a Linked Website, and Your use of content or application(s) provided by or through Linked Websites is governed solely by Your agreement, if any, with the owner and/or provider of the Linked Website. Your use of any Linked Websites is at Your sole risk. Furthermore, TRITATS LLC is not responsible for, without limitation, any incorrect data, errors in computation, improper transmission of data, or a security breach resulting from Your use of a Linked Website or a link to or from a Linked Website.
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, malicious codes and other items of a destructive nature. IN NO EVENT WILL TRITATS LLC BE LIABLE TO ANY PARTY FOR ANY LOSS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE.
Modifications to this Agreement
We have the right to modify this Agreement and any other Agreement or policy referenced in the Website or linked to in the Website. No notice is required for any such modification. Any modification is effective immediately upon posting to the Website. Your continued use of the Website following posting of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only remedy with respect to any dissatisfaction with any modifications is to cease use of the Website.
Modifications to the TRITATS LLC Website
We have the right to modify, suspend or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website. We may also impose limits on certain features and services or restrict Your access to parts or all of the TRITATS LLC Website without notice or liability.
The Website may contain testimonials from customers of TRITATS LLC or its agents. Testimonials are not representative of everyone's experience and only provide information about the individual's experiences as to the point in time when they are provided. Testimonials do not necessarily represent typical or expected results. Individual results will vary. All testimonials are authentic. Testimonials may be edited for clarity or brevity. All claims have been documented and verified for accuracy. No one has been paid to provide a testimonial on the TRITATS Website.
Online Application, Quote Requests, and Information Requests
Information request forms may require users to provide us with contact information (such as name, e-mail and postal addresses), unique identifiers (such as social security number), and demographic information (such as zip code and age). TRITATS LLC may disclose your personal information among its affiliated businesses and with third-party service providers acting on behalf of TRITATS LLC. However, TRITATS LLC will not sell, rent or lease your personal information. The personal information you provide may be transmitted, used, stored and otherwise processed outside of the country where you submitted that information, including jurisdictions that may not have data privacy laws that provide equivalent protection to such laws in your home country.
TRITATS LLC may receive information relating to a quote via the Website.
You acknowledge that the submission of an information request may not result in Your obtaining TriTats for your triathlon. You understand that nothing will be delivered until You have received written or verbal confirmation from TRITATS employee or agent.
You hereby assume the responsibility of notifying TRITATS LLC in the event of errors in logos, tattoos, TriTats or any other misunderstandings.
Disclaimer of Warranties
The materials contained in this Website, and in any Linked Website, directly or indirectly accessible from this Website, are provided WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WITHOUT LIMITATION, WE DO NOT WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE TRITATS LLC WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE TRITATS LLC WEBSITE, INCLUDING THE SERVERS ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) YOUR INFORMATION, INCLUDING YOUR MEDICAL INFORMATION, WILL NOT BE DISCLOSED OR (D) INFORMATION PROVIDED IN THE WEBSITE IS COMPLETE, ACCURATE, ERROR-FREE, OR UP-TO-DATE.
TRITATS LLC makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents of this Website, and expressly disclaims liability for errors and omissions in the contents of this Website. No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this Website or its links to other Internet resources.
Ownership information presented on this Website is considered public information and may be distributed or copied.
TRITATS LLC has the unlimited right to use for any purpose all information submitted to TRITATS LLC by this Website except those submissions made under separate legal contract.
This Website and the information it contains are provided as a service by TRITATS LLC. This system is monitored to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Anyone using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to use this system for other than its intended purposes are prohibited and may result in criminal prosecution.
Limitations of Liability
USE OF THE TRITATS LLC WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR HAVING INPUT YOUR INFORMATION, INCLUDING YOUR MEDICAL INFORMATION, INTO THE TRITATS LLC WEBSITE. TRITATS LLC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE IF YOUR INFORMATION BECOMES DISCLOSED THROUGH THE ACT OF A THIRD PARTY OR THROUGH THE NEGLIGENCE OF TRITATS LLC. SPECIFICALLY, TRITATS LLC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES UNDER THIS AGREEMENT OR BASED ON YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEYS FEES, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Damages
THE LIABILITY OF TRITATS LLC, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY CONNECTED WITH THE TRITATS LLC WEBSITE OR THE PRODUCT(S) OR SERVICE(S) OFFERED THEREIN IS LIMITED TO THE MINIMUM AMOUNT ALLOWABLE BY LAW AND IN NO EVENT SHALL IT EXCEED ONE DOLLAR ($1.00).
Products and Services
The information and descriptions of products and services contained in this Website are intended as general information and do not contain all of the terms, conditions and services applicable to the products and services offered by TRITATS LLC and it's sponsors.
The precise services afforded are subject to the terms and conditions of the contract we have in place with YOU and may vary from the general descriptions in this Website. This Website does not amend, modify, or supplement the TriTats – Race Director contract for services. Availability of the products and services described varies by state. Always consult the actual contract for details regarding terms and services provided.
Contact us to discuss products, services, and systems which may be available to You.
Please note that none of the information contained in this Website should be viewed as an offer to sell, or as a solicitation to purchase, any of our products or services. Rather, the information on our products and services is provided to you so that you can learn the TriTats system and the products and services that TRITATS LLC generally offers. We believe there is not one system to fit all races and body marking systems should be carefully tailored to meet the needs of the individual event, race director, business, or other organization. While we gather information, and may even offer quote indications, personal contact with one of our professionals becomes necessary prior to an actual sale. TRITATS LLC is committed to the concept of personal service.
Safety & Race Day Risk Management
Any Risk Management, safety or hazard management advice presented in this Website is intended as general information of interest to the general public for controlling or minimizing the potential for injuries to persons and person identification.
In providing this information, TRITATS LLC does not warrant that all potential hazards or conditions have been evaluated or can be controlled, or that such risks, injuries or loss of identification are avoided completely by implementing the TriTats system as described in this Website. TRITATS LLC assumes no liability for any event, race, race-director, sponsor, city, county, municipality, police department, rescue service or any athlete in which the TriTats body marking system has been implemented.
Term and Termination
This Agreement shall continue until terminated by Us or until You notify Us in writing, either via mail, email, of Your decision to terminate this Agreement.
Termination shall take effect within thirty (30) days of receipt of your request and we shall send you written confirmation thereof. A written confirmation shall be required from us as proof that a notice of termination was in fact received from You. Moreover, upon termination of this Agreement, You are still bound by all provisions of this notice.
IF ANY OF TERMS AND CONDITIONS GOVERNING USE OF THE TRITATS LLC WEBSITE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE TRITATS LLC WEBSITE OR CONTINUED USE OF ANY OF OUR PRODUCT(S) OR SERVICES(S) FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, SHALL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS AND CONTINUATION OF THIS AGREEMENT.
EITHER YOU OR WE MAY TERMINATE THIS AGREEMENT AT ANY TIME. YOU UNDERSTAND AND AGREE THAT TERMINATION IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (1) ANY TERM OR CONDITION CONTAINED IN OR REFERENCED IN THIS AGREEMENT; (2) ANY POLICY OR PRACTICE OF TRITATS LLC; (3) ANY DISCLOSURE OR USE OF YOUR INFORMATION, INCLUDING MEDICAL INFORMATION; AND (4) YOUR ABILITY TO ACCESS AND/OR USE THE TRITATS LLC WEBSITE.
If We terminate this Agreement, We reserve the right to refuse to provide any Product or Service to You in the future.
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
Any notice provided pursuant to this Agreement, if specified to be in writing, shall be in writing and shall be deemed given (A) if by hand delivery, upon receipt thereof, (B) if by mail, thirty (30) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested, (C) if by facsimile transmission, upon electronic confirmation thereof, or (D) if by next day delivery service, upon such delivery.
If the performance of any part of this Agreement by the parties is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, terrorism, earthquake, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes; provided, however, that if such period of force majeure last more than thirty (30) days, then the other party hereto may terminate this Agreement.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas without regard to the principles of conflicts of laws.
The exclusive venue for the resolution of any related dispute is a court of competent jurisdiction in Johnson County, Kansas.
If any part of these terms and conditions are invalidated by a court of competent jurisdiction, the invalid provision(s) are deleted and the remaining provisions are not affected and remain valid and enforceable in accordance with the express terms thereof.
Waiver of Jury Trial
YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY PROCEEDING ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT.
You knowingly, voluntarily and intentionally agree to pay all costs and expenses, including attorneys fees, for TRITATS LLC with respect to any proceeding arising out of or in any way relating to this Agreement, regardless of the outcome of said proceeding.
The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
This Agreement, together with the Product(s) and Service(s) referenced herein, constitute the entire agreement between the parties with respect to the subject matter of the Agreement, and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.