Terms of Use

This website is solely meant to share my experiences training for triathlons, the injuries I had, some lessons I learned and resources I believe might be useful to you in your triathlon endeavors. Please read the following to understand the Terms of Use of this website.

This Terms of Use may be updated from time to time without notice.

You understand and agree that any services offered by this website or through this website, and any parts or sections thereof, including, but not limited to content, message boards, vendor contacts, folders, videos, posts, messages, photos, blogs, links and graphics are provided “AS-IS” and that the owner of this website assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to any portion of this website. The owner of this website also does not assume any liability for the failure to store or maintain any user communications or personal settings.

In consideration of your visiting and using this website, you represent that you are able to form a binding contract and that you accept these Terms of Use. In addition to this Terms of Use, when using a particular section of this website, you are also bound by the posted guidelines and rules for that particular section.

Information and data provided by you are subject to our Privacy Policy. This policy, as updated from time to time, may be found here.

Certain names, logos, and/or phrases on this website may constitute trademarks and/or copyrights of this website, its partners, its sources or its clients. Thus, the contents of this website are the sole property of the owner of the website, its partners, its sources or its clients. Reproduction in whole or in part is strictly prohibited without the expressly written permission of the owner of the website and any other party that may have an ownership interest in the material.

All of the writing in this website is the copyrighted property of Intermarket Solutions, LLC or its partners and is protected as such. None of the material may be reproduced without the owner’s written permission, with the exception of downloading or printing a single copy for you or establishing permitted RSS newsfeeds. The right to download and store or output the materials found on this website is granted for viewing use only. Materials may not be reproduced in any form, except as permitted by the owner of the website. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of the owner of this website is expressly prohibited.

This website reserves the right to republish any material contributed by you or any of its readers. By posting a message, you expressly grant the right to the owners of this website to republish or sell the message as part of any edited compilation. Material that is copyright protected may not be submitted without permission from the copyright owner. Since there are many thousands of possible sources spread out across the Internet, it is impossible for the owner to know if a posting represents a copyright infringement. Please remember you are responsible for the material you submit to this website, including taste, reliability, originality and copyright. Author(s) may be held legally responsible for copyright infringement, defamation or invasion of privacy, as well as any damages arising out of actions resulting from materials submitted by you and posted by this website. You are responsible for ensuring that your message or posting does not violate any extant copyrights. If you believe that your copyrighted material has been posted to this website without permission, please notify the website as soon as possible. Any material posted to this website by any person may be removed by the administrator for any time for any reason. This website will have a nonexclusive global license to publish the content submitted by users and contributors within this website. This nonexclusive publishing license and resale/adaptation rights extend to any materials submitted “for publication” within this website, including both message board postings and content submitted to this website for uploading and subsequent publishing within non-message board sections. This website and its owner are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated in the website or for any results obtained from the use of such information or advice. This website and its owner will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained in this website.

Users of this website should handle the information generated by the owner or fellow users with common sense caution and should consider any information and advice given by other users as a starting point for their own research. This website cannot guarantee the accuracy, efficacy, or veracity of any information provided.

THE INFORMATION AND SERVICES PROVIDED BY OR ON THIS WEBSITE (INCLUDING BY THE OWNER OR BY ANY THIRD PARTY) ARE INTENDED FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY. SUCH INFORMATION AND SERVICES ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE MEDICAL OR HEALTHCARE ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER ABOUT YOUR SPECIFIC CIRCUMSTANCES, INCLUDING BEFORE STARTING ANY PROGRAM OR TREATMENT, MEDICAL OR OTHERWISE. NO PARTY PROVIDING INFORMATION OR SERVICES ON THIS WEBSITE IS PROVIDING ANY OTHER PROFESSIONAL ADVICE OR SERVICE.

Online behavior requires common sense and basic etiquette. Accordingly, here are some rules that you agree to follow on this website:

No strong, vulgar, obscene, or otherwise harmful language.
No racially, ethnically or otherwise, objectionable language.
No harassing, intimidating, stalking, or threatening other users.
No libelous, defamatory, or otherwise tortuous language.
No online vandalism. This includes using abusive language and repeatedly hitting the return key in a chat room, or otherwise acting in a manner that negatively impacts the ability to engage in real time exchanges.
No impersonating any person, including, but not limited to, other users or the owner of this website.
No posting, distributing, transmitting, or promoting illegal content.
No invasion of another’s privacy.
No actions that are harmful to minors.
No manipulation or forging of identifiers in order to disguise the origin of any information posted on this website or otherwise provided to the website.
No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
No posting, providing, transmitting, or otherwise making available any junk mail or spam.
No posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange and the NASDAQ Stock Market.
No collecting, storing, or posting of personal data about or of other community members.
No soliciting of any kind on any message boards or in any chat room.

This website reserves the right from time to time to make modifications and changes. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through this website (or any part thereof) with or without notice. You agree that this website shall not be liable to you or to any other party for any changes and modifications to the website.

This website may terminate your access to the website at any time for any reason. You acknowledge and agree that all terminations shall be made in sole discretion of the owner of this website and that the website and its owner shall not be liable to you or any other party for the termination of your access to the website or the purging of any material.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE OR FROM ANY SERVICE PROVIDED IN THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS WEBSITE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF THIS WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

You agree that this website may access, maintain, and disclose information you provide to this website if required to do so by law or if this website, in good faith, believes that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce this website’s Terms of Use; (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; or (iv) otherwise protect the rights and property of this website, its vendors, users and the general public.

You agree to indemnify and hold harmless this website, its affiliates, owners, agents, vendors or other partners from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you in this website, or by your use of this website or by your violation of this website’s Terms of Use, or your violation of the rights of another.

The Terms of Use constitute the entire agreement between you and this website and govern your use of the website and any services offered in the website. This agreement supersedes any prior terms of use agreements between you and this website.

The Terms of Use and the relationship between you and this website shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and this website agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Harris, Texas.

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this agreement.

The failure of this website to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of use shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any services provided in the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles and other headings in the Terms of Use are for convenience only and have no legal or contractual effect.