Welcome to TriathlonWire.com, a digital media website that provides news and features about the sport of triathlon.
The following terms and conditions (the “Terms” or “Agreement”) constitute an agreement between you, whether as a casual visitor or a registered user (“User”, “you” or “your”) and TriathlonWire and its affiliates, successors and assigns (“TriathlonWire”, “us”, “our” or ‘we”) regarding your use of the TriathlonWire Site, and/or Services (as defined below). TriathlonWire is the owner and operator of the www.triathlonwire.com website (the “Site”), TriathlonWire newsletter, email notifications or any related applications provided by us (collectively, the “Services”), and all content and features contained in the foregoing. BY ACCESSING THE SITE OR UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
Please read the Agreement in its entirety.
Modifications to Terms of Service
TriathlonWire reserves the right, at any time, to make any necessary changes or updates to these Terms without prior notice. Any such modifications take effect immediately upon publishing on TriathlonWire.com. You should review these Terms occasionally as You are bound by these Terms. Continued use of TriathlonWire Site and Services establishes that You acknowledge and agree to be bound by these Terms. Except as otherwise provided, these Terms may not be amended. You understand and agree that TriathlonWire may electronically provide You these Terms either through posting links on TriathlonWire.com or through e-mail agreements or any other official communication regarding your relationship with TriathlonWire. You also consent to the receipt of any of these official communications electronically.
Applicable Laws
You are required to comply with all applicable laws in connection with your use of the Site. By accessing the Site you confirm that you will not use the Site for any purpose that is either unlawful or prohibited by these Terms. By accessing the Site, You agree that your use is strictly for personal and non-commercial purposes. TriathlonWire does and will not grant you express or implied rights to access or use the Site or the Services for any other purpose.
Users who are Eligible to use TriathlonWire.com
You must be over the age of 18, or whatever the age of the majority your jurisdiction defines, whichever is older, in order to access the Site or any of the content contained within.
Restrictions of Use
You agree not to sell or modify the Content found on the Site. You also agree not to reproduce, display, publicly perform, distribute, or create a similar database or otherwise use the TriathlonWire.com Content in any way for any public or commercial purpose. You agree to not use any content found on the Site in a way that might cause confusion among consumers, or in a way that disparages or discredits TriathlonWire. The use of content found on the Site and Services on a platform not associated with TriathlonWire is prohibited without written consent.
Copyrights
TriathlonWire authorizes You to access the content made available on TriathlonWire solely for your personal use. The contents of the Site and Services and all other subdomains owned by TriathlonWire are protected by both United States and foreign copyright law. Unauthorized use of content from the Site, Services or other TriathlonWire property may violate these laws and is strictly prohibited.
Service Mark Rights
The trademarks, service marks, and logos of TriathlonWire (“TriathlonWire Trademarks”) used and displayed on the Site and Services are registered and unregistered trademarks or service marks of TriathlonWire. Other company, product, and service names located on the Site and the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with TriathlonWire Trademarks, the “Trademarks”). Nothing on the Site or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of TriathlonWire Trademarks inures to our benefit.
The Site and the Services have been specially designed to present TriathlonWire Content in a unique format and appearance. We are concerned about the integrity of TriathlonWire Content when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our content. Elements of the Site and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. Neither you nor any third party shall make use of TriathlonWire Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
Fees
You acknowledge that TriathlonWire may at any point in time choose to charge a fee for any portion of the Services provided by the Site or any other entity owned by TriathlonWire.
Refunds
If TriathlonWire terminates your use of the Site and/or Services due to breach of contract, You will not be entitled to receive any refund. Refunds will only be given if TriathlonWire fails to uphold the standards set in a written agreement.
Notice of Copyright Infringement and Digital Millennium Copyright Act
TriathlonWire follows the general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). It is our policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or Users; and (b) remove and discontinue service to repeat offenders.
Pursuant to the DCMA, if you believe that your work has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent by emailing us at
in**@tr***********.com
. All notices sent to TriathlonWire regarding claims of copyright infringement must include the following information: (1) A description of the copyrighted work that You claim has been infringed; (2) A description of where the alleged infringing material is located; (3) your name, address, and daytime telephone number, and an e-mail address if available, so that TriathlonWire.com may contact you if necessary; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement; and (6) A statement by You, made under penalty of perjury, that the above information in your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. TriathlonWire will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely. Upon receipt of the written notification containing the information as outlined in 1 through 6 above: (1) TriathlonWire may remove or disable access to the material that is alleged to be infringing; (2); TriathlonWire may forward the written notification to such alleged infringer; and (3) TriathlonWire may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material. Counter-Notification: If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement. To be effective, a Counter-Notification must be a written communication provided to FOS’s Copyright Agent for Notice that includes the following information: (1) A physical or electronic signature of the alleged infringer; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (4) The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which TriathlonWire may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person. Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above: (1) TriathlonWire may promptly provide you with a copy of the Counter-Notification; (2) TriathlonWire may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and (3) TriathlonWire may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided TriathlonWire’s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on TriathlonWire’s system. You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
Disclaimer of Warranties and Limitation of Liability
THE SITE, THE SERVICES AND ALL TRIATHLONWIRE CONTENT ARE AVAILABLE “AS IS.” TRIATHLONWIRE DOES NOT WARRANT THAT THE SITE THE SERVICES OR ANY TRIATHLONWIRE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE, THE SERVICES, OR ANY TRIATHLONWIRE CONTENT.
WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SITE, THE SERVICES, ANY TRIATHLONWIRE CONTENT OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE, THE SERVICES OR ANY TRIATHLONWIRE CONTENT. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE, THE SERVICES OR ANY TRIATHLONWIRE CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE, THE SERVICES OR ANY TRIATHLONWIRE CONTENT; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN ANY BETA FEATURES, THE SERVICES, THE SITE OR AVAILABLE THROUGH LINKS IN THE FOREGOING. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE, THE SERVICES AND ANY BETA FEATURES. WE DO NOT GUARANTEE OR WARRANT THAT THE BETA FEATURES, THE SERVICES, THE SITE, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, TriathlonWire, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors: (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES, ANY BETA FEATURE OR ANY TRIATHLONWIRE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE FOREGOING DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
Governing Law, Forum and Dispute Resolution
If You believe that you have a dispute, claim, or issue against TriathlonWire.com, please contact TriathlonWire first. If you wish to file a claim or another form of dispute You must first notify TriathlonWire through a written notice mailed to ADDRESS that must include a description of the dispute or claim as well as information that would allow TriathlonWire to contact You. There should be a good faith effort made by both TriathlonWire and You to resolve any issues. If after sixty (60) days after TriathlonWire receives written notification of a claim no resolution is reached, all disputes shall be resolved by arbitration under the rules and auspices of the American Arbitration Association, to be held in San Diego, California, in English, with a written decision stating the legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses. TriathlonWire may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the State of California.
TriathlonWire Privacy Policy
TriathlonWire (“TriathlonWire” “we” or “us”) is the owner and operator of the Site and the Services. TriathlonWire respects your privacy, and we created this privacy policy (the “Policy”) to explain how we collect, use and disclose your information when you access the Site and use the Services. The Policy is only applicable to our Site and Services and not to any other website, service or online platform. Capitalized terms that are not defined in this Policy have the meaning given them in our Terms of Service. BY ACCESSING THE SITE, UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS POLICY, INCLUDING OUR TERMS OF SERVICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
This privacy policy reflects compliance with the European Union’s General Data Protection and Regulation (“GDPR”) requirements.
Types of Information Collected
Personal Information
TriathlonWire may ask you for some or all of the following types of information which may be identifiable to you when you register for our services, access various content or features, or directly contact the site: (i) contact information, such as your email address and name; (ii) your age; and (iii) information for the purpose of authenticating yourself or your account if we have reason to believe, in our sole discretion, that you may be violating site policies or for any other reason we deem necessary (collectively “Personal Information”). You are responsible for ensuring the accuracy of all Personal Information you submit to TriathlonWire.
We collect and store all Personal Information you submit to us voluntarily through registering with us or uploading or posting User Content through the Site or Services. If you are signed into your Twitter or Facebook account and you “like” or “comment” on TriathlonWire Content (such as the articles or posts by us) or other User Content, your Twitter or Facebook username will be displayed and so available to the public. You agree that your username, likes, feedback, and any associated comments may become public information; we therefore urge you to exercise caution when deciding to disclose any Personal Information on the Site or through the Services.
Non-Personal Information
Cookies and Other Technologies. We may utilize cookies and other technologies, such as, web beacons (also known as “clear gifs” and “pixel tags”) to recognize you, customize your experience, and serve advertisements. Cookies are very small files placed on your computer, and they allow us to count the number of visitors to TriathlonWire and distinguish repeat visitors from new visitors. They also allow us to save User preferences and track User trends. We do not link cookies or web beacons to any Personal Information. We may also enable advertisers and ad servers to promote third party products and/or services by placing advertisements on TriathlonWire. These advertisers and ad servers may use cookies and/or web beacons to monitor information related to served advertisements. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Policy covers the use of cookies by TriathlonWire and does not cover the use of cookies by any advertisers.
Information Collected Automatically
We automatically receive and collect information such as your IP address, the URLs of websites you arrive at TriathlonWire from or leave TriathlonWire to go to, your type of browser and language, access times, your email client, the content of any undeleted cookies that your browser previously accepted from us, your operating system, your mobile provider, your mobile device, and your ISP. We may use such information to better understand how TriathlonWire visitors use the Site, to analyze trends, administer the website, prevent fraud, and gather broad demographic information.
Our Use of Your Information
Our primary purpose in collecting information, both Personal Information and other, is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your information to:
Provide the services and customer support you request. Troubleshoot problems and prevent potentially prohibited or illegal activities. Customize, measure and improve our Services, content, and advertising. Tell you about our Services, targeted marketing, service updates, and promotional offers based on your communication preferences. Monitor and enforce our Terms of Service. Communicate with Users about products and/or services they may be interested in. Verify your eligibility to use the Site.
Our Disclosure of Your Information
TriathlonWire is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you. We may disclose Personal Information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also share your Personal Information with:
Service providers under contract who help with our business operations (we employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products and services to you). Certain of TriathlonWire’s program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. Other business entities, should we plan to merge with or be acquired by that business entity.
Marketing
We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference by contacting us at
pr*****@tr***********.com
No Spam or Spyware
We do not tolerate spam. Spamming is explicitly prohibited it by our Terms of Service. If you would like to report an incident of spamming or other unauthorized communications from other Users, please contact us at
in**@tr***********.com
. We maintain the right to investigate such incidents and take suitable action.
Account Protection
The Personal Information we collect is stored on a secure, password-protected server and only authorized personnel have access to your information. We use industry-standard encryption technologies with respect to the receipt and transfer of Personal Information you submit. Nevertheless, despite our best efforts, no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time. TriathlonWire cannot ensure or warrant the security of any information you transmit to TriathlonWire or guarantee that your end user data stored on the Services may not be accessed, disclosed, altered, or destroyed by breach of any of our industry standard physical, technical, or managerial safeguards. If you enter sensitive information we will encrypt such information using secure socket layer technology (SSL). The Site is hosted on servers in the United States. Accordingly, if you are located outside of the United States, the Personal Information you provide to us will be transferred to the United States. By submitting your Personal Information, you consent to its transfer and storage in the United States and its use in accordance with the purposes for which it was originally collected.
Email Communications
We may use your email to deliver TriathlonWire’s newsletter, as well as for other promotional (e.g., new product offerings, special offers by us) purposes. Email messages we send you may contain code that enables our database to track your usage of the emails we send you, such usage includes whether the email was opened and what links (if any) were clicked. If you send an email to us, we will collect your email address and the full content of your email, including attached files, and other information you provide. Additionally, you may be directed to third-party sites related to the topics discussed within the email message.
You may indicate your preference to opt out of receiving promotional communications by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at
pr*****@tr***********.com
. You acknowledge that it may take up to 10 days for us to process an opt-out request. Please note, however, that you cannot opt out of receiving transactional emails related to your account with us.
Third Parties
Except as otherwise expressly included in this Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others Users on our Site or on other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We are not responsible for any information we do not collect. We encourage you to ask questions before you disclose your Personal Information to others.
Minors
We do not knowingly collect any personal information from children under the age of 13 without parental consent, unless permitted by law. If we learn that a child under the age of 13 has provided us with personal information, we will delete it in accordance with applicable law.
Unsubscribe
You can unsubscribe from our communications at any time by selecting the “unsubscribe” button in the footer of our emails. If you would like us to delete your information entirely, or request to see the information we store about you, please send an email to
pr*****@tr***********.com
. Absent a request to unsubscribe and/or delete your data, your continued use of the Site and Services gives us permission to manage and use your data as described in this Privacy Policy.
California Residents
California Civil Code Section 1798.83 permits residents of the State of California to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please email us at
pr*****@tr***********.com
or write us Attn: Legal – California Privacy Compliance, to the address below.
Subject to Change
We may modify this Privacy Policy from time to time. We will notify you of changes by posting changes here, or by other appropriate means. Any changes to the Privacy Policy will become effective when there becomes any new potential use of your data.
