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Welcome to
our Web site. By using our site, you are agreeing to
comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do
not agree to these terms, you should not use this site.
The term "Tour de Guts", "TDG", "my", "us", "we", or
"our" refers to Laura Kirstein and Sam Kirstein, the
legal owners of this Web site. The term "you" refers to
the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms
and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the
content, products or services provided by or through the
Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to
time without specific notice to you. The latest
Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright.
The content,
organization, graphics, photographs, design,
compilation, magnetic translation, digital conversion
and other matters related to the Site are protected
under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of
the Site, except as allowed by Section 4 below, is
strictly prohibited. You do not acquire ownership rights
to any content, document or other materials viewed
through the Site. The posting of information or
materials on the Site does not constitute a waiver of
any right in such information and materials. Some of the
content, logos, trade or service marks on this site may
be the copyrighted work of third parties and used under
authorization.
3. Service Marks.
Other product and company
names mentioned on the Site may be trade ro service
marks of their respective owners.
4. Limited License,
Permitted Uses.
You are granted a
non-exclusive, non-transferable, revocable license (a)
to access and use the Site strictly in accordance with
this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out
discrete information from the Site solely for internal,
personal, non-commercial purposes and provided that you
maintain all copyright and other policies contained
therein. You are not granted permission to save
electronic versions of content or images found on this
site for purposes other than viewing while you are
actively online and viewing our site. You may not store
any information from the site in your Temporary Internet
Files for more than 30 days. No print out or electronic
version of any part of the Site or its contents may be
used by you in any litigation or arbitration matter
whatsoever under any circumstances.
Publicly recognized companies, non-profit organizations,
accredited educational institutions, and media outlets
including television, newspaper, magazines, radios, and
internet news portals are exempt exempt from the Limited
License and Permitted Users.
5. Restrictions and
Prohibitions on Use.
Your license for access
and use of the Site and any information, photographs,
materials or documents (collectively defined as "Content
and Materials") therein are subject to the following
restrictions and prohibitions on use: You may not (a)
copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display,
distribute, transmit, sell, rent, lease, loan or
otherwise make available in any form or by any means all
or any portion of the Site or any Content and Materials
retrieved from it; (b) use the Site or any materials
obtained from the Site to develop, of as a component of,
any information, storage and retrieval system, database,
information base, or similar resource (in any media now
existing or hereafter developed), that is offered for
commercial distribution of any kind, including through
sale, license, lease, rental, subscription, or any other
commercial distribution mechanism; (c) create
compilations or derivative works of any Content and
Materials from the Site; (d) use any Content and
Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e)
remove, change or obscure any copyright notice or other
proprietary notice or terms of use contained in the
Site; (f) make any portion of the Site available through
any timesharing system, service bureau, the Internet or
any other technology now existing or developed in the
future; (g) remove, decompile, disassemble or reverse
engineer any Site software or use any network monitoring
or discovery software to determine the Site
architecture; (h) use any automatic or manual process to
harvest information from the Site; (i) use the Site for
the purpose of gathering information for or transmitting
(1) unsolicited commercial email; (2) email that makes
use of headers, invalid or nonexistent domain names, or
other means of deceptive addressing; and (3) unsolicited
telephone calls or facsimile transmissions; (j) use the
Site in a manner that violates any state or federal law
regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or
any portion thereof, or any software available on or
through the Site, in violation of the export control
laws or regulations of the United States.
6. Forms, Agreements &
Documents
We may make available
through the Site or through other Web sites forms,
checklists, and documents (collectively, "Documents").
All Documents are provided on a non-exclusive license
basis only for your personal one-time use for
non-commercial purposes, without any right to
re-license, sublicense, distribute, assign or transfer
such license. Documents are provided for no charge and
without any representations or warranties, express or
implied, as to their suitability, legal effect,
completeness, currentness, accuracy, and/or
appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS", "AS
AVAILABLE", AND WITH "ALL FAULTS", AND WE AND ANY
PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Documents may be inappropriate for your particular
circumstances. Furthermore, some Documents are public
domain forms or available from public records.
7. Linking to the Site.
You may provide links to
the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site, (b) your
site does not engage in illegal or pornographic
activities, and (c) you discontinue providing links to
the Site immediately upon request by us.
8. Advertisers.
The Site may contain
advertising or sponsorships. Advertisers and sponsors
are responsible for ensuring that material submitted for
inclusion on the Site is accurate and complies with
applicable laws. We are not responsible for the
illegality or any error, inaccuracy or problem in the
advertiser’s or sponsor’s materials.
9. Registration.
Certain sections of, or
offerings from, the Site may require you to register or
provide personally identifiable information. If
registration or other personally identifiable
information is requested, you agree to provide us with
accurate, complete information. Your registration or
submission of personally identifiable information must
be done using your real name and accurate information.
Each registration is for your personal use only. We do
not permit (a) any other person using the registered
sections under your name; or (b) access through a single
name being made available to multiple users on a
network. You are responsible for preventing such
unauthorized use.
10. Errors, Corrections and
Changes.
We do not represent or
warrant that the Site will be error-free, available at
all times, free of viruses or other harmful components,
or that defects will be corrected. We do not represent
or warrant that the information available on or through
the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features,
functionality or content of the Site at any time. We
reserve the right in our sole discretion to edit or
delete any documents, information or other content
appearing on the Site.
11. Third Party Content.
Third party content may
appear on the Site or may be accessible via links from
the Site. We are not responsible for and assume no
liability for any mistakes, misstatements of law,
defamation, omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions,
representations or any other form of content on the
Site. You understand that the information and opinions
in the third party content represent solely the thoughts
of the author and is neither endorsed by nor does it
necessarily reflect our belief.
12. Unlawful Activity.
We reserve the right to
investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate,
including but not limited to reporting any suspected
unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any
information necessary or appropriate to such persons or
entities relating to your profile, email addresses,
usage history, posted materials, IP addresses and
traffic information.
13. Indemnification.
You agree to indemnify,
defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors,
assigns, third party suppliers of information and
documents, advertisers, product and service providers,
and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense
related to your violation of this Agreement or use of
the Site.
14. Nontransferable.
Your right to use the
Site is not transferable or assignable. Any password or
right given to you to obtain information or documents is
not transferable or assignable.
15. Disclaimer.
THE INFORMATION, CONTENT
AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE
AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS
PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT
BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED
BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE
CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
16. Limitation of Liability
(a) We and any Affiliated
Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way
from (a) any errors in or omissions from the Site or
any services or products obtainable therefrom, (b) the
unavailability or interruption of the Site or any
features thereof, (c) your use of the Site, (d) the
content contained on the Site, or (e) any delay or
failure in performance beyond the control of a Covered
Party.
(b)THE AGGREGATE LIABILITY OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR
RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL
NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY
AFFILIATED PARTY.
17. Use of Information.
We reserve the right, and
you authorize us, to the use and assignment of all
information regarding Site uses by you and all
information provided by you in any manner consistent
with our Privacy Policy. All remarks, suggestions,
ideas, graphics, or other information communicated by
you to us (collectively, a "Submission") will forever be
our property. We will not be required to treat any
Submission as confidential, and will not be liable for
any ideas (including without limitation, product,
service or advertising ideas) and will not incur any
liability as a result of any similarities that may
appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of
all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled
to use the Submission for any commercial or other
purpose whatsoever, without compensation to you or any
other person sending the Submission. You acknowledge
that you are responsible for whatever material you
submit, and you, not us, have full responsibility for
the message, including its legality, reliability,
appropriateness, originality, and copyright.
18. Third-Party Services.
We may allow access to or
advertise certain third-party product or service
providers ("Merchants") from which you may purchase
certain goods or services. You understand that we do not
operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered
into between you and Merchants. You agree that use of or
purchase from such Merchants is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER
SITE LINKED TO OUR SITE.
19. Third-Party Merchant
Policies.
All rules, policies
(including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites.
We are not responsible for information provided by you
to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any
representations or commitments on behalf of the other.
20. Privacy Policy.
Our Privacy Policy, as it
may change from time to time, is a part of this
Agreement. You must review this Privacy Policy by
clicking on this link.
21. Payments.
You represent and warrant
that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is
true and complete, (ii) charges incurred by you will be
honored by your credit card company, and (iii) you will
pay the charges incurred by you at the posted prices,
including any applicable taxes. All contributions
made to third-parties or in conjunction with affiliates
of this Site are solely the responsibility of you.
22. Securities Laws.
The Site may include
statements concerning our operations, prospects,
strategies, financial condition, future economic
performance and demand for our products or services, as
well as our intentions, plans and objectives
(particularly with respect to product and service
offerings), that are forward-looking statements. These
statements are based upon a number of assumptions and
estimates which are subject to significant
uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates,"
"expects," "believes," "estimates," "seeks," "plans,"
"intends," "will" and similar expressions are intended
to identify forward-looking statements designed to fall
within securities law safe harbors for forward-looking
statements. The Site and the information contained
herein does not constitute an offer or a solicitation of
an offer for sale of any securities. None of the
information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
23. Links to other Web
Sites.
The Site may contain
links to other Web sites. We are not responsible for the
content, accuracy or opinions expressed in such Web
sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not
imply approval or endorsement of the linked Web site by
us. If you decide to leave our Site and access these
third-party sites, you do so at your own risk.
24. Copyrights and Copyright
Agents.
We respect the
intellectual property of others, and we ask you to do
the same. If you believe that your work has been copied
in a way that constitutes copyright infringement, please
provide our Copyright Agent the following information:
a. An
electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
b. A
description of the copyrighted work that you claim has
been infringed;
c. A
description of where the material that you claim is
infringing is located on the Site;
d. Your
address, telephone number, and email address;
e. A
statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright
owner, its agent, or the law; and
f. 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.
Our Copyright Agent for Notice of claims of copyright
infringement on the Site can be reached by directing an
e-mail to the Copyright Agent at
tourdeguts@gmail.com.
25. Information and Press
Releases.
The Site contains
information and press releases about us. We disclaim any
duty or obligation to update this information or any
press releases. Information about companies other than
ours contained in the press release or otherwise, should
not be relied upon as being provided or endorsed by us.
26. Legal Compliance.
You agree to comply with
all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use
of the Site and the Content and Materials provided
therein.
27. Refund and Return Policy.
To the extent that you
purchase any goods or services directly from us, we will
refund you your purchase price within 30 days of you
notifying us in writing of your desire for the refund,
together with the reason for the request, with the
product or service returned to us in substantially the
same condition as when purchased. Please note , however,
that certain products and services mentioned on our site
may be sold by third parties or are linked to third
party Web sites, and we have no responsibility or
liability for those products or services. You may
request a refund by contacting us by email at
tourdeguts@gmail.com.
You may obtain any additional information concerning our
refund and return policy, including our mailing address,
by contacting us at
tourdeguts@gmail.com.
28. Miscellaneous.
This Agreement shall be
treated as though it were executed and performed in
Minneapolis, Minnesota, USA, and shall be governed by and
construed in accordance with the laws of the State of
Minnesota (without regard to conflict of law principles). Any
cause of action by you with respect to the Site (and/or
any information, Documents, products or services related
thereto) must be instituted within one (1) year after
the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations
set forth in Section 15 and Section 16. The language in
this Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party. Any
rule of construction to the effect that ambiguities are
to be resolved against the drafting party shall not
apply in interpreting this Agreement. This Agreement and
all incorporated agreements and your information may be
automatically assigned by us in our sole discretion to a
third party in the event of an acquisition, sale or
merger. If any provision of this agreement is held
illegal, invalid or unenforceable for any reason, that
provision shall be enforced to the maximum extent
permissible, and the other provisions of this Agreement
shall remain in full force and effect. If any provision
of this Agreement is held illegal, invalid or
unenforceable, it shall be replaced, to the extent
possible, with a legal, valid, and unenforceable
provision that is similar in tenor to the illegal,
invalid, or unenforceable provision as is legally
possible. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the
right to enforce such provision. Our rights under this
Agreement shall survive any termination of this
Agreement. The title, headings and captions of this
Agreement are provided for convenience only and shall
have no effect on the construction of the terms of this
agreement.
29. Arbitration.
Any legal controversy or
legal claim arising out of or relating to this Agreement
or our services, excluding legal action taken by us
relating to Site operations and/or intellectual
property, shall be settled solely by confidential
binding arbitration in accordance with the commercial
arbitration rules of JAMS. Any such controversy or claim
shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be
conducted in Minneapolis, Minnesota, USA. Each party shall bear
its own attorneys' fees. Each party shall bear one-half
of the arbitration fees and costs incurred through JAMS.
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