Thank you for accessing www.riseabovesportive.com (the “Website”). Please read these terms and conditions before using the Website, which is operated by Rise Above Sportive Ltd, Rathbone House, 4a Heath Road, Weybridge, Surrey, KT13 8TB (“we”, “us” or “our”).
By using the Website, you signify your acceptance of these terms and conditions in consideration of which we provide you with access. From time to time we may modify these terms and conditions so please continue to review them whenever accessing or using the Website. If at any time you do not wish to accept the terms, you may not use the Website. From time to time we may run competitions and promotions via the website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
While we have endeavoured to ensure the accuracy of information on the Website, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. The Website and the Content are provided “as is”, without any warranties of any kind unless specifically stated. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
We have no control over, or responsibility for, websites to which the Website is linked. Your use of such websites is at your sole risk.
The Website, including text, content, software, video, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material (“Content”) is protected by copyrights, trade marks and / or other proprietary rights. The Content includes both content owned or controlled by us, and content owned or controlled by third parties and licensed to us. All articles, reports and other elements making up the Website may be copyright works. You acquire no rights or licences in or to the Website and / or the Content other than the limited right to use the Website in accordance with these terms and conditions and to download no more than one copy of the Website for your personal, non-commercial use.
The Website, amongst other things, contains certain discussion forums, bulletin board services, chat areas and / or other message or communication facilities (collectively, “Communities”). Much of the content of the Communities, including the content within a specific message or posting, is provided by and is the responsibility of the person posting in that Community. We have no responsibility for such content and are merely providing access to such content as a service to you.
By their very nature, Communities may carry offensive, harmful, inaccurate or otherwise inappropriate material or, in some cases, postings that have been mislabelled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using Communities.
(a) Permitted uses
You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Communities only to send and receive messages and material that are legal, proper and related to the particular Community. By way of example, you agree that when using a Community, you will not:
i) defame, abuse, threaten or otherwise violate the legal rights of others.
ii) publish, post, upload, distribute or disseminate or offer to do the same any inappropriate, defamatory, infringing, obscene, or unlawful material or information or views, or any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
iii) impersonate another person or entity.
iv) restrict or inhibit any other user from using and enjoying the Website.
(b) No obligation to monitor
We do not control or endorse information posted in the Communities, and we have no obligation to monitor the Communities. Any reliance on material posted in the Communities will be at your own risk. We reserve the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process, police or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in our sole discretion.
We reserve the right to terminate or restrict your access to the Website at any time, without notice for any reason whatsoever.
(a) You acknowledge that access to the Website is provided free of charge. If you are dissatisfied with the Website, these terms and conditions or any of the Content your sole remedy is to discontinue use of the Website. Save in respect of fraud and of personal injury or death to the extent it results from our negligence, we accept no liability to you whatsoever whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
(b) Nothing in these terms and conditions (or elsewhere on the Website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of the Website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
i. to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
ii. we will not be liable for any consequential, indirect or special loss or damage;
iii. we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
iv. we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
v. our maximum liability in relation to any event or series of related events shall not exceed the total amount of monies received from us by you.
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a corporate entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the Website or these terms and conditions. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
(c) THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT WE DO NOT MAKE ANY PROMISES IN RESPECT OF THE WEBSITE OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH THE WEBSITE OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM THE WEBSITE. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES (EXCEPT ANY DUTIES OF GOOD FAITH) OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. WE ALSO DO NOT MAKE ANY PROMISES AS TO THE TIMELINESS, SECURITY, PERFORMANCE OR AVAILABILITY OF THE WEBSITE AND DO NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN DISCRETION AND RISK. WE SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.
THE ABOVE DISCLAIMERS APPLY EQUALLY TO YOUR USE OF THE WEBSITE AND ALL CONTENT. WITHOUT LIMITING THE ABOVE, WE ARE NOT LIABLE FOR MATTERS BEYOND OUR REASONABLE CONTROL. WE DO NOT CONTROL THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER), THE INTERNET, ACTS OF GOD OR THE ACTS OF THIRD PARTIES.
FOR PURPOSES OF THIS SECTION 7, ANY REFERENCE TO US SHALL INCLUDE OUR SUPPLIERS AND LICENSORS.
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the website. We do not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
You agree to indemnify, defend, and hold us, our suppliers, and licensors harmless from and against any claims, actions, demands or other proceedings brought against us by a third party, to the extent that such claim, suit, action or other proceeding brought against us, our suppliers, and licensors is based on or arises in connection with your use of the Website, any breach by you of these terms and conditions or a claim that your use of the Website infringes any intellectual property rights of any third party or is libelous or defamatory, or otherwise results in injury or damage to any third party.
The terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.