1.1 Introduction. This User Agreement ("Agreement") lists the terms of the agreement between you and CompeteToday.com (the "Site") for the registration and management of competitive events and all other services that we provide (the "Services"). By completing the registration process, you agree to accept the terms and conditions of this Agreement and to become a registered user of this Site.
1.2 Modification. If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. Your continued use of the Site and the Services following CompeteToday's posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.
1.3 Additional Policies. This Agreement incorporates by reference the following policies and documents also found on this Site:
2. Who we are and what we do.2.1 Event Registration/Participation Service Provider. CompeteToday is a website service that allows registered users who want to enter events ("Buyers") to find events to enter from registered event organizers ("Sellers"). The fulfillment of providing the event, including information about the event on this site, is the responsibility of the Seller. Please remember that CompeteToday.com acts as an event broker to allow buyers and sellers to share information and to provide a means for buyers to enter the events that the sellers are organizing.
3.1 Requirements. To be a registered user of this Site, you must agree to accept the terms and conditions of this Agreement. You may only use the Services if you are able to form legally binding contracts, are over the age of 18, and are not temporarily or indefinitely suspended from our Sites. If you do not qualify, please do not use or try to use the Services. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of your parents or guardians.
3.2 Registration. We will not accept any online request from you to enter an event before you have registered with us. To register, you must provide your legal and current name, address, phone number and an active email address.
3.3 Email Address and Password. You will need an email address and password to access the Site and use the Services. You are solely responsible for maintaining the security of your email address and password and for all activity that occurs under your email address and password. You should not disclose your password to any other person.
4.1 Listing Process. A registered user who wants to list events for buyers (participants) to enter may submit the event to the site administrator. The site administrator contact information is in the Contact Us section of the site. As part of the listing process, the Seller provides information such as the event description, date, category, age groups, registration fees, maps, refund policies, etc.
4.2 Seller Responsibility. Once a Seller confirms the event registration by a Buyer, Seller is responsible for providing the event as described in the information associated with the event. CompeteToday is not responsible for any errors made by the Seller in the listing or pricing of the event and is not liable for any such errors.
5.1 Finding events. To find an event, a Buyer first uses the search engine on the CompeteToday site for events that match what the Buyer is seeking. When the Buyer finds desirable events, the Buyer completes an online registration process or prints off the registration form and mails to CompeteToday. All registrations are final and, once placed, cannot be cancelled or retracted unless otherwise stated in the specific event's refund/cancellation policy. In any case, the processing fee is non-refundable. Completing the registration form does not complete the sale. The sale is complete only after the Buyer's credit or debit card has been charged or other methods of payment have cleared the bank.
5.2 Credit Card Authorization. The Buyer's credit or debit card is charged at the time of registration for an event on the site. The exception is if the Buyer is placed on the waiting list. Waiting List entries won't be charged until there is a spot open in the event and the Buyer registers for that spot. In all cases, CompeteToday is not responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Buyer's credit or debit card when the Buyer chooses to register for an event. CompeteToday discourages the use of debit cards for registering for events.
5.3 Event Information. Event dates, times, venues and subject matter, which are listed on the confirmation e-mail, may change. It is up to you, the Buyer, to verify the most recent changes. Please monitor our site, verify with the event organizer or venue for any changes. CompeteToday will make every effort to notify the Buyer of changes but it is ultimately the Buyer's responsibility.
5.4 Seller Comments. CompeteToday does not guarantee any information provided by Sellers in the event information on our site.
6.1 Credit Card Charge. Once the Buyer accepts the registration, we charge the Buyer's credit card for the total registration fee, plus processing fee charges and any applicable taxes. At no time do we provide the Buyer's credit card information to the Seller. The credit card charge is paid to us, and the Seller is compensated for the sale according to the contract between CompeteToday and the Seller.
7. Your relationship with us. 7.1 Permission. As a Buyer, you grant CompeteToday permission to charge your credit card for the registration fees for events you decide to participate in as well as the processing fee. As a Seller, you grant CompeteToday permission to charge your credit card if you, at any time, fail to provide the event as described. These charges may include, but are not limited to, the cost of the original registration fee (for refunding the Buyer), and processing fee, and other charges we incur to satisfy the Buyer.
7.2 Grant of License. You grant CompeteToday a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to CompeteToday in connection with your use of CompeteToday and its Services. You agree that CompeteToday shall be permitted to use your name or user ID, home city and other ancillary information (for example, the number of years you have been a CompeteToday user) in connection with the content in conjunction with CompeteToday's marketing, promotion and publicity efforts in any media known now or in the future.
7.3 Release. CompeteToday acts as an event broker to bring buyers and sellers together for the mutual benefit of each other. In all cases, the submission and confirmation of registration are transactions between Buyers and Sellers only. The fulfillment of event registration, is the responsibility of the Seller. If you have a dispute with one or more registered users, you release CompeteToday and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
7.4 Privacy. We use your information only as described in the CompeteToday Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
8.1 Offline Transactions. You agree not to use the CompeteToday website to (a) contact other CompeteToday users, (b) invite contact with other CompeteToday users, (c) solicit sales outside of CompeteToday, or (d) initiate or engage in transactions (either purchases or sales) outside of CompeteToday. CompeteToday is not responsible for any damages or lost profits that result from CompeteToday users directly contacting other CompeteToday users or for any damages or lost profits resulting from transactions conducted outside of CompeteToday, including transactions that originate at CompeteToday and are taken offline.
8.2 Abusive Behavior. You agree not to use abusive language or behave in an abusive manner to any CompeteToday employee or customer.
8.3 Adult Materials. You agree not to list, sell or buy any adult materials, obscene materials or pornographic materials through the Site, directly or indirectly, and you agree not to use any names or other information found on or via this Site to do so.
8.4 Illegal Activity. You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and the organizing of events. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. You agree not to copy, modify, or distribute any content from the Site, including CompeteToday's copyrights and trademarks, and/or link to the Site without CompeteToday's prior written permission.
8.5 Stolen Property. The sale of stolen property on CompeteToday is strictly forbidden, and violates state, federal and international law. CompeteToday strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on CompeteToday. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
8.6 Promotional Materials. The Buyer name and address information is provided to Sellers for the sole purpose of identifying the person for event participation and may not be used by the Seller for any other purpose. If you are a Seller, you agree not to contact the Buyer with any promotional or other commercial material that is not provided or approved by CompeteToday. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than CompeteToday, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the Buyer at any time for any reason.
9.1 Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to hold an event.
9.2 Violations, Termination and Suspension. We may take any action that we deem appropriate in our sole discretion (including without limitation issuing a warning, suspending or terminating service, denying access, removing an event or recommending you edit an event) if: (a) you breach this Agreement or any document it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; or (d) we believe your conduct may cause legal liability for you, for other users, or for CompeteToday. You agree that payments owing to you for sales made through this Site may be suspended or delayed pending our investigation. CompeteToday is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.
9.3 Disclosure of Information. You agree that CompeteToday may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. CompeteToday will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
9.4 Making Adjustments. You authorize us to withhold payment or charge your credit card account any amount you owe us if (a) we reasonably believe that you have committed fraud or other illegal act or omission during any event activity; (b) you are not able to conduct the event that you listed on the Site; (c) you conduct incorrect or misrepresented events, (d) you otherwise owe us a specific amount. If any of these things happen, we may also deduct from any amount we owe you the amount you owe us.
10.1 Accurate Descriptions. For all events you list as the Seller, you warrant that your descriptions of the events accurately detail and describe the competition that you are organizing. If you, at any time, deliver invalid, fraudulent, or misrepresented events, CompeteToday reserves the right to cancel the event, return the fees to the Buyer, and hold you liable for any and all charges we incur to satisfy the Buyer. These charges may include, but are not limited to, processing fees, coupons, and gift certificates, and refunds to the Buyer.
10.2 Other Information. You represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
10.3 Laws and Regulations. You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site.
10.4 Indemnity. You agree to indemnify and hold CompeteToday and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by CompeteToday and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.
11.1 No Warranty. Except for the express warranties stated in this Agreement, CompeteToday provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. CompeteToday makes no warranty with respect to its software, any event, the services CompeteToday provides, or that sellers or buyers will perform as promised, and CompeteToday expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
11.2 Waiver of Consequential Damages; Liability Limit. CompeteToday expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services or the site, or the suspension, termination or malfunction of the services or the site. CompeteToday's liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all event entry fees and other items you bought and/or sold via CompeteToday in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
11.3 Allocation of Risk. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
11.4 Tax Indemnity. You agree that CompeteToday is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold CompeteToday and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by CompeteToday that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of CompeteToday.
11.5 Change or Suspension of Site. CompeteToday reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. CompeteToday is never, for any reason, responsible for events listed on the site that do not sell, including events that remain unsold during a site outage.
11.6 Regular Maintenance. The Site could be unavailable at times while it is being updated and modified. During this time, the Site will be temporarily unavailable and every attempt will be made to notify you in advance. CompeteToday is not responsible for unsold entry fees resulting from times when the site is unavailable. The CompeteToday Site is updated at various times throughout the day with new information but not on a fixed interval.
12.1 Ownership of Intellectual Property. You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") are and shall remain our sole property, and (ii) nothing in this agreement shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of CompeteToday's Intellectual Property.
12.2 Copyright. The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of CompeteToday or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of CompeteToday and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
13.1 No Agency. You and CompeteToday are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
13.2 Notices. Except as expressly stated otherwise, all notices to CompeteToday shall be sent to the email addresses provided on the Site (e.g., customerservice@CompeteToday.com). Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.
13.3 Miscellaneous. This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of CompeteToday, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.