Borderlands Terms of Service + Privacy Policy
Welcome to Borderlands. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully. Our websites (including www.borderlands.cc), related mobile applications and services (collectively, the “Services”) are made available to you by Borderlands Industries, LLC subject to these Terms of Service (these “Terms”) and in accordance with the Borderlands Privacy Policy (the “Privacy Policy”).
You agree to comply with these Terms and any supplemental terms which Borderlands makes available to you on the Services which shall form part of these Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of these Terms conflict with the English version, the English version controls.
The Services cannot be provided and the agreement described in these Terms cannot be performed without Borderlands processing data about you, and other Borderlands athletes, including your location data. Processing of the data you share with Borderlands, including location data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Borderlands are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Borderlands on an individual basis, unless you opt-out in accordance with the instructions below.
Registration and Accounts.
The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (“Athlete Data”) and (b) maintain and promptly update the Athlete Data. You agree that Borderlands may use your Athlete Data to provide the Services and as otherwise set forth in these Terms. If you provide any Athlete Data that is inaccurate or not current, or Borderlands has reasonable grounds to suspect that such Athlete Data is inaccurate or not current, Borderlands has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and your devices while logged into the Services. You are responsible for all activities that occur under your account or from devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Borderlands of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Athlete Data and any other information or content you provide to Borderlands.
You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize Borderlands to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party. By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) in connection with your use of such Services.
Fees and Payments. For Services that are provided free of charge, we reserve the right to establish or revise charges for all or part of the Services at any time in our sole discretion. We will use reasonable efforts to inform you of such charges and you may elect to cancel the Services rather than pay the charges. You understand that your continued use of the Services following such notice may result in charges to you for the Services and we may terminate or suspend the Services until you have paid the charges. You may cancel your account at any time by going to your account settings.
Content and Conduct.
Content. You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g., a photograph submitted via Instagram). Public segments and routes created by using the Services are not considered Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.
You understand that you, and not Borderlands, are responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Services. Borderlands does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Borderlands may, in its sole discretion, screen, monitor, hide, refuse, or remove any Content, or remove any Content that violates these Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Borderlands be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that Borderlands is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Borderlands, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Borderlands is not a confidential, fiduciary, or other type of special relationship. Your Content will not be subject to any obligation of confidence on the part of Borderlands other than as set forth in our Privacy Policy and your privacy controls, and Borderlands will not be liable for any use or disclosure of any Content you provide.
The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. Borderlands will maintain the privacy of such Content in accordance with your elections. However, if you do not elect to mark your Content as private or available for a limited group of athletes, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy controls.
You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third-party products or services in ads, offers and other commercial contexts on the Services without compensating you. For example, we may show your Borderlands followers that you use a certain device, product, or service available from a brand that pay us to display its ads on Borderlands. You may adjust settings to prevent your profile name and profile photo from appearing in ads.
Conduct. We expect you to honor the Borderlands code of conduct. The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services, or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:
Copying, framing, or mirroring any part of the Services or performing automated or non-automated “scraping”;
Accessing the Services to monitor its availability, performance, or functionality;
Permitting any third party to access the Services;
Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law;
Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.);
Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services;
Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services;
Using the Services for any commercial solicitation purposes;
Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
Submitting to the Services any information that may be protected from disclosure by applicable law;
Bypassing the measures we may use to prevent or restrict access to the Services;
Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability; or
Removing any copyright, trademark or other proprietary rights notices contained in or on the Services.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray Borderlands or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While Borderlands may recommend the equipment or materials of certain third-party suppliers, Borderlands shall have no responsibility for your acquisition or use of any third-party equipment or materials and does not guarantee that third-party equipment or materials will function with the Services or will be error-free.
You understand that you are responsible for any charges associated with sending communications via your device. You acknowledge that you have the right to communicate with your contacts via the Services.
You represent and warrant that: (i) you are authorized to create your account; (ii) you own, or have sufficient rights to post, the Content posted by you on or through the Services; (iii) the posting and use of your Content on or through the Services does not violate the rights of any third party, including, without limitation, privacy, publicity, copyright, trademark or other property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
Interactions with Other Athletes.
The Services function as a venue to connect athletes in a virtual information platform. As a neutral facilitator, Borderlands is not directly involved in the actual interactions between athletes using the Services. As a result, Borderlands has no control over the truth, accuracy, quality, legality, or safety of postings made by athletes using the Services. Borderlands shall have no responsibility to confirm the identity of athletes. Borderlands shall also have no responsibility to confirm or verify the qualifications, background, or abilities of athletes using the Services. You shall at all times exercise common sense and good judgment when dealing with any athlete using the Services.
If you elect to use features of the Services to inform your contacts about the Services, track your activities using the Services, or share your information with others, Borderlands may require you to provide contact information. Borderlands may contact that person via a one-time email and/or text message. You represent that you are authorized to provide any third-party contact information that you provide to Borderlands, that you are authorized to use such information to contact (including for Borderlands to contact on your behalf) the third party and that Borderlands may process it pursuant to our Privacy Policy.
Third Parties.
Third-party products and services made available on the Services are provided directly by the applicable third party. When you purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Borderlands. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. YOU AGREE THAT BORDERLANDS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.
Borderlands may provide links to other internet sites or resources through the Services. Borderlands does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Borderlands is not responsible for the availability of such external sites or resources.
Electronic Communications.
The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via voice connections or send similar messages and communications to third-party service providers, advertisers, your personal contacts, other athletes, and/or Borderlands. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Borderlands provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by these Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with). By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third-party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Borderlands (unless expressly stated otherwise by Borderlands) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Borderlands in any manner, though Borderlands reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
Proprietary Rights.
You acknowledge and agree that the Services, any necessary software used in connection with the Services, any aggregated data based on Content on the Services, and any Content made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Borderlands or applicable third-party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.
Borderlands grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by Borderlands.
The term BORDERLANDS, the Borderlands logo and other logos and names are the exclusive trademarks of, and are owned by, Borderlands Industries, LLC, and you may not use or display such trademarks in any manner without Borderlands’ prior written permission. Any third-party trademarks displayed on the Services are the property of their respective owners.
Borderlands reserves all rights not expressly granted hereunder.
Claims of Infringement.
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Borderlands infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Borderlands to locate the material on the Services; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that Borderlands will not respond to complaints that do not meet these requirements. If Borderlands determines that the materials alleged to infringe your copyright do not require removal, Borderlands will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
Notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice. Also, be aware that there may be penalties for false claims under the DMCA.
Agent to Receive Notices of Claimed Infringement:
Borderlands Copyright Agent
Josh Rosenthal
Your Feedback.
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Borderlands a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Borderlands any Feedback that you do not wish to license to us as set forth above.
Disclaimer of Warranties and Liability.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. BORDERLANDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BORDERLANDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT BORDERLANDS IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND BORDERLANDS.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, CYCLING, RUNNING, OR FOLLOWING A BORDERLANDS TRAINING PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION, OR NEGLIGENCE OF BORDERLANDS OR BY THE ACTION, INACTION, OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE THAT BORDERLANDS DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES.
YOU EXPRESSLY AGREE TO RELEASE BORDERLANDS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS, AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE BORDERLANDS WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES, OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY BORDERLANDS TRAINING PLAN), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY BORDERLANDS (INCLUDING, WITHOUT LIMITATION, ANY BORDERLANDS TRAINING PLAN) WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BORDERLANDS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
BORDERLANDS DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER ATHLETE’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.
BORDERLANDS’ MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED ONE-HUNDRED DOLLARS ($100).
Indemnity.
You agree to indemnify and hold Borderlands and its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, or otherwise seek to make available through the Services, your use of the Services, your athletic activities which generate the Content you post or seek to post on the Services (including, but not limited to, activities in connection with any contests, races, group runs, or other events which Borderlands sponsors, organizes, participates in, or whose Services are used in connection with), your connection to the Services, your violation of these Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity.
Dispute Resolution.
Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the Borderlands’ intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to these Terms and your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Borderlands will pay the additional cost. You and Borderlands hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Borderlands is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
Class-Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Choice of Law and Forum.
Any action related to these Terms, Content, the Services, and your relationship with Borderlands shall be governed by, and construed and interpreted in accordance with, the laws of the State of Utah without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce these Terms in the federal or state courts in Utah and you consent to the exclusive jurisdiction of the federal or state courts in Utah. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
United States Operation.
The Services are controlled by Borderlands from its offices within the United States of America. Borderlands makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
Termination.
You agree that Borderlands may, under certain circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements, policies, or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or modifications to the Services (or portions thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees you owe in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in Borderlands’ sole discretion and that Borderlands shall not be liable to you or any third party if we suspend or terminate your account or access to the Services.
General.
You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Borderlands as a result of these Terms or your use of the Services. These Terms constitute the entire agreement between you and Borderlands with respect to your use of the Services. The failure of Borderlands to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Borderlands. Borderlands has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Borderlands’ notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under these Terms. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
Modification of these Terms and Services.
Certain provisions of these Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Borderlands reserves the right to update these Terms at any time and for any reason in its sole discretion. Borderlands will notify you of any material changes to these Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
Borderlands and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Borderlands reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Borderlands shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Support and Questions.
We will respond to any questions regarding the Services and these Terms via hello@borderlands.cc.
Effective Date: May 1, 2023
© 2023 Borderlands Industries, LLC