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These TERMS OF USE and the PRIVACY POLICY constitute a legally-binding agreement between Gladiator Events, LLC, (“Gladiator”) and you. These TERMS OF USE contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in the Gladiator Rock'n Run™ Website (the “Website”).

You affirm that you are at least 18 years of age, or an emancipated minor, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

By using, visiting, registering for, and/or otherwise participating in the Website, and/or by clicking below on "I Have Read and Agree to the Terms of Use and the Privacy Policy" you confirm that you are at least 18 years of age, or an emancipated minor, understand and agree to each of the TERMS OF USE and the PRIVACY POLICY of Gladiator. If you do not agree to the TERMS OF USE and the PRIVACY POLICY you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website, and kindly discontinue viewing or participating in the Website immediately.

All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner.

A. Modifications to the TERMS OF USE and/or PRIVACY POLICY.

Gladiator reserves the right, in its sole discretion, to change, modify, or otherwise amend the TERMS OF USE, or any part thereof, including the PRIVACY POLICY, at any time and without advance notice. Amended terms are effective upon posting the amended TERMS OF USE at the domain of Gladiator Rock'n Run™ where the prior version of the TERMS OF USE were posted, or by communicating the amendments through any method of written contact that Gladiator has established with you. It is your responsibility to review the TERMS OF USE for any changes. Your use of the Website following any amendment of the TERMS OF USE will signify your assent to and acceptance of any revised terms.

B. Privacy Policy.

Gladiator has established a PRIVACY POLICY that explains to users how their information is collected and used. The PRIVACY POLICY is located here. The PRIVACY POLICY is explicitly incorporated into the TERMS OF USE. You agree to abide by the PRIVACY POLICY.

C. License to Access.

Gladiator hereby grants you a non-exclusive, revocable license to use the Website as set forth in the TERMS OF USE; provided that you adhere to the Rules of Conduct.

D. Rules of Conduct.

  1. You will only use the Website for your personal, noncommercial use.
  2. You shall not copy or distribute any part of the Website in any medium without Gladiator's prior written authorization.
  3. You shall not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
  4. You shall provide accurate and complete information when creating your Account.
  5. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Gladiator's prior written approval or in any way that transmits more request messages to the Gladiator servers, or any server of a Gladiator subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Gladiator reserves the right to revoke these exceptions either generally or in specific cases.
  6. You shall not take any action that (a) unreasonably encumbers or, in Gladiator’s sole discretion, may unreasonably encumber the Website's infrastructure; (b) interferes or attempts to interfere with the proper working of the Website or any third party participation in the Website; or (c) bypasses Gladiator’s measures that are used to prevent or restrict access to the Website.
  7. You shall not solicit, for commercial purposes, any users of the Website with respect to their Contributions.
  8. You shall not collect or harvest any data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
  9. The Website is not intended for children under the age of 13. We recommend that no one under 13 years of age use the Website without their parents or guardians permission and supervision.
  10. You will otherwise act in accordance with the terms and conditions of the TERMS OF USE.

E. Account Policies.

You will need to create a password-protected account ("Account"). You are solely responsible for safeguarding your password at all times and shall keep your password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Gladiator immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without permission of the Account holder. You hereby acknowledge and agree that Gladiator will not be liable for your losses caused by any unauthorized use of your account. Notwithstanding the foregoing, you may be liable for the losses of Gladiator or others due to such unauthorized use.

Your access to, use of, and participation in the Website is subject to the TERMS OF USE and all applicable Gladiator regulations, guidelines and additional policies that Gladiator may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Gladiator publishes on the Website (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the above-referenced Account Policies, including any Additional Policies, Gladiator may, in its sole discretion, terminate your account at any time, without prior notice to you, and without incurring liability therefore.

F. Participation in Gladiator Rock'n Run™

Gladiator permits you to access, use, and/or participate in the Website. Your use of, access to, or participation in certain features of the Website may require you to agree with or accept additional terms and conditions. If there is a conflict between the TERMS OF USE and any additional terms and conditions of use posted for a particular feature, those additional terms and conditions shall supersede the TERMS OF USE only with respect to your use of or participation in that particular feature. To remain eligible for access to, use of, and participation in the Website, you must comply with all provisions of the TERMS OF USE and all applicable Additional Policies and separate agreements at all times. Gladiator reserves the right to refuse access of the Website at any time. Your participation in any aspect of the Website is at your own risk.

From time to time you may be permitted to post comments on the Website Any comments you submit shall not contain any falsehoods or misrepresentations that could damage Gladiator or any third party.

  1. You will not submit comments that include statements that may be considered obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate.
  2. You will not post advertisements or solicitations of business.
  3. You will not impersonate another person.

Gladiator may block or remove any comments in its sole discretion. All comments, and any suggestions you may transmit to Gladiator are assigned to and become the property of Gladiator.

G. Third Party Sites

Gladiator may contain links to third-party Websites that are not owned or controlled by Gladiator. Gladiator has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Websites. In addition, Gladiator will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Gladiator from any and all liability arising from your use of any third-party Website. Accordingly, we encourage you to be aware when you leave the Website and to read the Terms of Use and Privacy Policy of each other website that you visit.

H. Intellectual Property Rights

The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Gladiator, subject to copyright and other intellectual property rights under applicable laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Gladiator reserves all rights.

If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

I. Termination.

You hereby acknowledge and agree that Gladiator, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Material on the Website ("Termination of Service"), immediately and without notice, with or without a reason.

In the event of Termination of Service your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Gladiator's system, and Gladiator retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Gladiator hereunder shall remain in effect for the foregoing purpose.

Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; you shall promptly destroy all copies of Gladiator data and content in your possession or control. You further acknowledge and agree that Gladiator shall not be liable to you or any third party for any termination of your access to the Website. If you paid Gladiator any money, upon Termination of Service you shall not be entitled to any refund.

You agree to defend, indemnify and hold Gladiator, and its officers, subsidiaries, affiliates, successor, assigns, directors, agents, service providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys fees and court costs, made by any third party due to or arising out of the Termination of Service.

J. Disclaimer of Warranties.

YOU AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE POSTING OR VIEWING OF VIDEO CONTRIBUTIONS, ADVERTISEMENTS, AND ANY SUBMITTED MATERIAL, SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GLADIATOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GLADIATOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S DATA, CONTENT, OR SUBMITTED MATERIALS, OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE

Gladiator makes no representation that any aspect of the Website is appropriate or available for use in jurisdictions outside of the United States. If you choose to access, use, and/or participate in the Website in any manner whatsoever, from locations outside of the United States, you are responsible for compliance with applicable local laws.

K. Limitations of Liability.

IN NO EVENT SHALL GLADIATOR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR ANY MATERIAL FOUND ON THE WEBSITE; (2) ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, OR SUBMITTED MATERIALS; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (6) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT OR SUBMITTED MATERIAL; (7) ANY FAILURE OR INABILITY TO OBTAIN ADVERTISEMENTS FOR ANY PAGE VIEWS; (8) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (9) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, OR ADVERTISEMENT OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GLADIATOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE THAT THE TOTAL LIABILITY, IF ANY, OF GLADIATOR, OR ANY OF THE ABOVE RESPECTIVE PARTIES ARISING FROM OR RELATING TO THE WEBSITE AND/OR SUBMITTED MATERIALS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO GLADIATOR BY YOU HERE UNDER.

L. Force Majeure.

Neither Gladiator nor you shall be liable to the other for any delay or failure in performance under the TERMS OF USE, to the extent arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, failure of third party suppliers or service providers, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

M. Indemnification and Release.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GLADIATOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, PARENT ENTITIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE IN ANY MANNER WHATSOEVER; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE AND PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, OR PRIVACY RIGHT; OR ANY CLAIM THAT MATERIAL YOU SUBMITTED CAUSED DAMAGE TO A THIRD PARTY OR VIOLATES ANY LAW.

YOU FOREVER RELEASE GLADIATOR (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, PARENT ENTITIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY MATERIAL POSTED OR OTHERWISE APPEARING ON THE WEBSITE.

THESE DEFENSE AND INDEMNIFICATION OBLIGATIONS WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE. You waive the benefit of any law providing to the effect that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

N. Choice of Law and Resolution of Disputes--Arbitration

The Website shall be deemed solely based in California, United States. The TERMS OF USE shall be governed by and construed under the laws of the State of California, without reference to its conflict of laws principles.

You agree that any claim (whether in court or in arbitration) arising out of or related to the Website must be commenced within one (1) year after the claim accrues; otherwise, such cause of action is permanently barred.

Except as set forth below, any controversy, dispute or claim arising out of, in connection with, or in relation to the interpretation, performance or alleged breach of the TERMS OF USE shall be determined exclusively by binding arbitration before a single arbitrator to be held in Los Angeles, California, before the Judicial Arbitration & Mediation Services, Inc. (JAMS) upon the written request of any party. The arbitration shall be conducted in accordance with the JAMS rules then in effect. Any party seeking to invoke the provisions of this Section shall transmit a written demand for arbitration to the other party (the "Written Demand") by sending an email to info@gladiatorrocknrun.com. The Written Demand shall set forth the nature of the dispute, the amount involved, and the remedy sought. The arbitrator shall have the authority to set the nature and scope of discovery. The decision of the arbitrator shall contain a written statement of reasons and support. The decision of the arbitrator shall be final and may be entered in any court of competent jurisdiction. Under no circumstances may the arbitrator amend any provision of these TERMS OF USE or make any award of punitive damages.

Nothing in this Section shall be construed, however, to limit the right of any party to seek injunctive relief from a court of competent jurisdiction in connection with any claim that arises in whole or in part from the Website. Any claim for injunctive relief shall be brought in a court located in Los Angeles, California, and you hereby consent to the exclusive jurisdiction of and venue of the federal and state courts located in Los Angeles, California as proper for such purpose and agree not to assert any objection thereto.

YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN IN A CLASS ACTION OR TO ACT AS A PLAINTIFF IN A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE.

L. ENTIRE TERMS OF USE.

The TERMS OF USE, including the PRIVACY POLICY and any other legal notices or Additional Policies published by Gladiator on the Website, shall constitute the entire TERMS OF USE between you and Gladiator concerning the Website. If any provision of the TERMS OF USE is deemed invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the TERMS OF USE, which shall remain in full force and effect. No waiver of any provision of these TERMS OF USE shall be deemed a further or continuing waiver of such term or any other term, and Gladiator’s failure to assert any right or provision under these TERMS OF USE shall not constitute a waiver of such right or provision.

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