Terms of Service
The following terms and conditions govern all use of the paddleguru.com website (the "Site"), applications for mobile devices such as iPhone and iPad (the “Applications”), and all content, services and products available at or through the website and mobile apps, (taken together, the “Services”).
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the services. If these terms and conditions are considered an offer by PaddleGuru, acceptance is expressly limited to these terms.
PaddleGuru may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this Site at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this Site. The Site is not intended for and is not designed to attract children under 13 years of age.
Your PaddleGuru Account and Services
To use the services available on the Site, you must complete the membership registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that PaddleGuru may use your User Data to provide services on the Site for which you have expressed interest. If you provide any information that is inaccurate or not current, or PaddleGuru has reasonable grounds to suspect that such information is inaccurate or not current, PaddleGuru has the right to suspend or terminate your account and refuse any and all current or future use of the Site. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.
Posting Races to PaddleGuru
In order to publish a race page on PaddleGuru, you must agree to use the paid registration and/or timing software on site. It is a breach of the terms of service to publish your race on PaddleGuru to gain free advertising. If you want to list your race page for advertising purposes only, please contact email@example.com.
Race Registration Payments
Certain events listed on the Site require payment of registration fees at the time of registration. If you choose to register for an event listed on the Site, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by PaddleGuru) ("Payment Method"). By purchasing registrations for those events on the Site, you hereby authorize PaddleGuru to charge your Payment Method in advance for all applicable fees incurred by you in connection with the event. You hereby understand and agree that in most cases, PaddleGuru will be charging your designated Payment Method in accordance with the payment schedule of the service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. All fees shall be paid in U.S. dollars.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify PaddleGuru of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to PaddleGuru. PaddleGuru will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Users of the Service
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with the Site are the sole responsibility of the person from whom such Content originated. This means that you, and not PaddleGuru, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. PaddleGuru has not reviewed, and cannot review, all of the material, including computer software, posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PaddleGuru 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 posted, emailed, transmitted or otherwise made available on the Site.
You agree to not use the Site to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a PaddleGuru official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Site or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Site. You acknowledge that PaddleGuru may or may not pre-screen or monitor Content, but that PaddleGuru and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Site. Without limiting the foregoing, PaddleGuru and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that PaddleGuru may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of PaddleGuru, its users and the public. Subject to the foregoing, PaddleGuru will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
The Site is for your personal and noncommercial 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 Site, use of the Site or access to the Site. You understand that use of certain features of the Site may require you to purchase third party equipment or materials (e.g., GPS systems). While PaddleGuru may recommend the equipment or materials of certain third party suppliers, PaddleGuru shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Site or will be error-free.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Services and its Users link, and that link to the Services. PaddleGuru does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, PaddleGuru does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PaddleGuru disclaims any responsibility for any harm resulting from your use of linked-to or linked-from websites and webpages.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray PaddleGuru or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Site for your personal, non-commercial use, solely as described on the Site. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
The Site may provide you with the ability to send e-mails, post messages to user forums, enter chat rooms, speak via Internet voice connections or send similar messages and communications to third party service providers, advertisers, other users and/or PaddleGuru. You agree to use communication methods available on the Site only to send communications and materials related to the subject matter for which PaddleGuru 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. By using any of the communications methods available on the Site, you acknowledge and 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 PaddleGuru (unless expressly stated otherwise by PaddleGuru) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by PaddleGuru in any manner, though PaddleGuru reserves the right to do so at any time at its sole discretion in accordance with the Terms. 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.
Copyright Infringement and DMCA Policy
As PaddleGuru asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PaddleGuru Services violates your copyright, you are encouraged to notify PaddleGuru in accordance with PaddleGuru’s Digital Millennium Copyright Act (“DMCA”) Policy. PaddleGuru will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PaddleGuru will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PaddleGuru or others.
This Agreement does not transfer from PaddleGuru to you any PaddleGuru or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PaddleGuru. PaddleGuru, paddleguru.com, the PaddleGuru logo, and all other trademarks, service marks, graphics and logos used in connection with PaddleGuru, or the Services are trademarks or registered trademarks of PaddleGuru or PaddleGuru’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any PaddleGuru or third-party trademarks.
PaddleGuru reserves the right to display advertisements in the Services.
PaddleGuru reserves the right to display attribution links on shares to social networks, share pages that aggregate stories and related social context (comments, likes, etc) such as 'Powered by PaddleGuru' or 'via PaddleGuru.'
PaddleGuru reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. PaddleGuru may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
PaddleGuru may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PaddleGuru account (if you have one), you may simply discontinue using the Services. Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Site is provided "as is". PaddleGuru and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PaddleGuru nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
Limitation of Liability
In no event will PaddleGuru, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PaddleGuru under this agreement during the twelve (12) month period prior to the cause of action. PaddleGuru shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless PaddleGuru, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between PaddleGuru and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PaddleGuru, or by the posting by PaddleGuru of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PaddleGuru may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.