Terms and Conditions
Effective Date: October 12, 2020
Agreement to Terms
By visiting our Website, you consent to and agree to be bound by these Terms and Conditions.If you do not agree with the Terms and Conditions, do not use this Website. These Terms and Conditions apply to all users of the Website, including any user who contributes content, information, or other materials to the Website.
By accessing or using this Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. You acknowledge that this agreement is supported by reasonable and valuable consideration, including but not limited to, your use of the Website and receipt of data, materials, and information available through the Website.You may only use the services available on this Website if you are capable of forming a binding contract with Humanrace and are not barred from using the Website under applicable law.
We reserve the right, at our own discretion, to periodically change, add, or delete portions of these Terms and Conditions at any time on an ongoing basis. It is your responsibility to check these Terms and Conditions for changes prior to each use of the Website. To continue to use the Website following an update to the Terms and Conditions constitutes your acceptance of any changes. We will notify you of any material changes by posting notice of the changes on the Website, and/or, in our sole discretion, by email.
Your Obligations and Responsibilities
In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on this Website. You shall act always in accordance with law, custom and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Humanrace, our affiliates, partners or licensors.
All information and content available on this Website and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization (“look and feel”) thereof (collectively, the “Content”) are the property of Humanrace, our affiliates, partners or licensors, and is protected by United States, international, and state laws, including laws governing copyrights and trademarks and unfair competition.
Except as set forth in the limited licenses set forth below, or as required under applicable law, neither the Content nor any portion of this Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. Nothing stated or implied in this agreement confers on you any license or right to use any Content, regardless whether the use is personal, non-commercial, or commercial.
If you are interested in obtaining a license to use our Content, please use the contact information provided below to contact us.
Limited Permissible Use
We grant you a limited, revocable, and non-exclusive license to access and make personal use of this Website as provided by these Terms and Conditions. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Website or any and/or all Content (except caching or as necessary to view the Website); (c) make any use of the Website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure; or (h) use or manipulate any aspect of this Website that would show that you are affiliated with Humanrace or that any modifications were made by Humanrace. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website. You may not attempt to gain unauthorized access to any portion or feature of the Website or connected Website or server, or circumvent, avoid or defeat any security measures or systems used on the Website, including by hacking or any other illegitimate means. You may not scan or test any potential vulnerability of the Website or any network connected to the Website for any purpose.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (a) may link to, but not replicate, any and/or all of our Content; (b) may not imply that we are endorsing such website or its services or products; (c) may not misrepresent its relationship with us; (d) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (e) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (f) may not link to any page of this Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of this Website or any and/or all of our Content automatically terminates the limited licenses set forth below without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Intellectual Property Complaints
We respect the intellectual property of others. If you believe that a work has been copied or used on this Website in a way that constitutes trademark, right of publicity, copyright infringement, or violation of the Digital Millennium Copyright Act (“DMCA”), please contact us at firstname.lastname@example.org, and include “Intellectual Property Complaint” in the subject line. Please provide all relevant information to support your copyright complaint so that we can quickly and effectively take action as required.
Although access to our Website may be made internationally, we make no representation that materials on this Website are available outside of the United States. Those accessing the Website from outside the United States are responsible for compliance with local laws. Products and promotions are unavailable outside of the United States, unless expressly noted and is otherwise void where prohibited.
This Website gives an option to subscribe to an email database, which is used to send reminders, updates, news and other marketing and promotional information pertaining to Humanrace and the Website. There is always an option to decline the subscription or unsubscribe after receiving the newsletter.Email addresses gathered for subscription purposes are used only for this purpose and no other.
Feedback and Suggestions
We always accept comments and suggestions to improve our Website and products. However, we do not accept unsolicited ideas as to new product offerings, potential advertising or marketing campaigns, or other related suggestions. When submitting comments, suggestions, or unsolicited ideas, be aware that you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments, suggestions, or unsolicited ideas for any purpose. You will receive no compensation. If you submit comments, suggestions, or unsolicited ideas, and see us use it in any way, you will have expressly waived a claim of infringement or any other claim against us for its use through this section. Any comments, suggestions, or unsolicited ideas shall be deemed non-confidential.
Representations and Warranties
While Humanrace has made reasonable efforts to include information on the Websites that is accurate and timely, Humanrace makes no representations or warranties as to the accuracy of such information and, specifically, Humanrace assumes no liability or responsibility for any errors or omissions in the material on the Website. Moreover, Humanrace neither warrants nor represents that your use of the information will not infringe the rights of third parties who are not affiliated with Humanrace. YOUR ACCESS TO AND USE OF THE WEBSITE ARE AT YOUR OWN RISK, AND NEITHER HUMANRACE NOR ANY PARTY INVOLVED IN THE CREATION, TRANSMISSION OR MAINTENANCE OF THE WEBSITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND ALLEGEDLY ARISING OUT OF YOUR ACCESS OR USE OF THE WEBSITE, OR YOUR INABILITY TO ACCESS OR USE THE WEBSITE, EVEN IF HUMANRACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything to the contrary contained herein, the material on the Website is provided to you on an “AS IS” basis, and specifically WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE SERVICES, MATERIALS, AND CONTENT IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
Limitation of Liability
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, BREACH, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING ANY DOWNLOADS OR HYPERLINK TO OR FROM THIRD PARTY WEBSITE; (f) DAMAGE TO COMPUTER OR OTHER EQUIPMENT; (g) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (h) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HUMANRACE AND YOU.
Some jurisdictions may not permit the exclusion of implied warranties and, as a result, some of the exclusions referenced above may not apply to you. You should check your local laws for any limitations or restrictions which might impact you.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of this Website or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding this Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of California, USA, without regard to principles of conflicts of law and as if the Terms and Conditions were a contract wholly entered into and wholly performed within California. You consent to enter into binding arbitration as the sole remedy to any dispute. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Los Angeles County, California, and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the rules of the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The arbitrator’s written award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Each party is responsible for its own fees of representation and defense, and will split (50-50) the cost for any filing, administrative and arbitrator fees as required. However, you will be responsible for all costs of filing and administrative and arbitrator fees if the arbitrator determines your complaint or relief sought is frivolous. Discovery will be conducted pursuant to California Code of Civil Procedure section 1283.05.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Arbitration Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
We may, at our discretion, terminate services at any time and without any notice to you. Upon termination or cancellation of service, all provisions of this agreement will remain in effect.
Consent to Receive Notices Electronically by Posting on the Website and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by using the contact information provided below and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate. We cannot provide the benefits of this Website to any user that cannot consent to receipt of Notices electronically. We will rely on the email provided by you when sending out these notices. It is your responsibility to maintain a current email address. Your failure to maintain an active email and keep it current with our Website will not constitute a lack of notice.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of this Website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website and providing notice of such change. Any changes are effective immediately upon posting to the Website and release of notice of such change. Your continued use of the Website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
This agreement should be interpreted broadly and under the laws of the State of California.
If any provision is void or otherwise unenforceable, that provision shall be stricken and the rest of the contract will remain in full effect.
You may not assign or transfer any rights under these Terms and Conditions, without the consent of Humanrace. Assignment or transfer of any and all rights without the consent of Humanrace will be null.
How To Contact Us
If you have any questions or comments about these Terms and Conditions, please contact us at:
HUMANRACE, Attention: Humanrace, 10960 Wilshire Blvd., 5th Floor, Los Angeles, CA 90024.For any intellectual property complaints, intellectual property licensing requests, or demand for arbitration, contact us by mail at the above address and also email at email@example.com.