Rising Tide, LLC
Terms and Conditions
Effective Date: December 3, 2015

Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. YOU MAY HAVE REACHED THIS AGREEMENT OR THIS WEBSITE INDIRECTLY FROM A WEBSITE NOT OWNED OR CONTROLLED BY RISING TIDE TRIATHLON COACHING. THESE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE.

Rising Tide Triathlon Coaching, LLC. ("Rising Tide Triathlon Coaching," “we,” “our,” or “us”) maintains http://www.risingtidetri.com/ (the “Website”) as a service to its customers, potential customers, and other interested parties and offers proprietary services including coaching, products, and resources through our Website, our mobile applications and other technology that we created for this purpose . Your use of the Website is subject in all respects to these terms and conditions of use (“Terms of Use”). By accessing or using the Website, you represent that you are more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent to use the Website and are fully capable and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use. If you are under 13 years of age, then your use of the Website is expressly prohibited.

Copyright and Trademark Information

Copyright © 2015 Rising Tide Triathlon Coaching. All rights reserved.

This Website, and the information which it contains, is the property of Rising Tide Triathlon Coaching and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "Rising Tide Triathlon Coaching" and the Rising Tide Triathlon Coaching logo are registered trademarks of Rising Tide Triathlon Coaching, LLC. under the applicable laws of the United States and/or other countries. Other Rising Tide Triathlon Coaching’s product or service names or logos appearing in the Website are either trademarks or registered trademarks of Rising Tide Triathlon Coaching, LLC. and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of Rising Tide Triathlon Coaching trademark or other intellectual property rights concerning that name or logo.

All other product names are trademarks or registered trademarks of their respective owners.

Use of Rising Tide Triathlon Coaching’s Website and Its Content
The information contained in this Website is selected by Rising Tide Triathlon Coaching. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Website. The information on this Website is provided with the understanding that Rising Tide Triathlon Coaching and various authors and publishers providing such information do not constitute the rendering of professional advice or services. As such, information on this Website should not be relied upon or used as a substitute for consultation with professional advisers.

Rising Tide Triathlon Coaching may alter, suspend, or discontinue this Website at any time for any reason, without notice or cost. The Website may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this Website, you agree to indemnify, hold harmless and defend Rising Tide Triathlon Coaching and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of this Website in violation of these terms.

No part of this Website may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Rising Tide Triathlon Coaching authorizes you to view, copy, download, and print Rising Tide Triathlon Coaching documents (such as press releases and FAQs) that are available on this Website, subject to the following conditions:

  1. The documents may be used solely for noncommercial, informational purposes.
  2. The documents may not be modified.
  3. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any documents displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of Rising Tide Triathlon Coaching or such third party that may own the copyright of material displayed on this Website.

Privacy Policy

Rising Tide Triathlon Coaching’s Privacy Policy is available at Privacy Policy and is hereby incorporated by reference into these Terms of Use.

Accuracy of Content and Future Modifications to Website

The information on this Website is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. In addition, the information provided by this Website was current as of the date on which the information was first posted or otherwise made available. The information in any press releases provided by this Website was current as of the date of the particular press release. We update the information provided by this Website as we deem appropriate.

If you have any questions about the existence of more current information, please send those questions to sonja@risingtidetri.com. We take your questions and requests for information seriously, and we will do our best to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.

Rising Tide Triathlon Coaching reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.

Standards of User Conduct

If we provide visitors with an opportunity to post information, comments, or any messages on the Website, you may not use this Website to:

  1. Transmit via or through the Site any information, data, text, images, files, links, software, chat, communication or other materials ("Content") that is, or which Rising Tide Triathlon Coaching considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable Content;
  2. Sell or promote any products or services that are unlawful in the location at which the Content is posted or received;
  3. Sell or promote controlled pharmaceutical substances, tobacco, firearms, or alcoholic beverages;
  4. Introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
  5. Display material that exploits children under 18 years of age;
  6. Post any User Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
  7. Promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes;
  8. Harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
  9. Impersonate any other person, including but not limited to, a Rising Tide Triathlon Coaching official, expert or bulletin board leader, guide or host;
  10. Post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age);
  11. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
  12. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website or in connection with your use of the Website, in any manner; or
  13. Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

Rising Tide Triathlon Coaching will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Rising Tide Triathlon Coaching has no obligation to monitor your access to or use of the Website or to review any Content but has the right to do so to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right to remove or disable access to any Content that we, in our sole discretion, considers to be objectionable or in violation of these Terms of Use or otherwise harmful to us or to the Website.

Content You Post

By publishing Content via the Website you hereby grant to Rising Tide Triathlon Coaching a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, download, modify, distribute, reference, store cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content on and through the Website and third-party distribution channels selected by, but not necessarily affiliated with, Rising Tide Triathlon Coaching, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and noncommercial purposes. You agree that neither Rising Tide Triathlon Coaching nor any third parties have any obligation to provide compensation to you for your Content or the licenses granted herein.

You acknowledge and agree that you are solely responsible for all Content and for compliance with the above-referenced standards and represent and warrant that: (i) you either are the sole and exclusive owner of all Content, as contemplated under these Terms of Use; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Rising Tide Triathlon Coaching’s use of the Content (or any portion thereof), through or by means of the Website or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary of intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links and Third Party Sites

The Website may contain links to other websites and online resources and may be embedded in third-party sites which are provided to you as a convenience and Rising Tide Triathlon Coaching is not responsible for the content of any linked site or the actions of those that provide or use such linked site. You understand that by using the Website to access third party links and sites, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You agree that Rising Tide Triathlon Coaching is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Rising Tide Triathlon Coaching of such websites or resources or the content, products, or services available from such websites or resources. In addition, a link to any non-Rising Tide Triathlon Coaching Website does not imply that Rising Tide Triathlon Coaching endorses or accepts any responsibility for the content or use of such a Website.

Feedback

If you choose to provide feedback, comments and suggestions for improvements to the Website or otherwise (in written or oral form) (“Feedback”), you acknowledge and agree that all Feedback will be the sole and exclusive property of Rising Tide Triathlon Coaching and you hereby irrevocably assign to Rising Tide Triathlon Coaching and agree to irrevocably assign to Rising Tide Triathlon Coaching all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein.

Sweepstakes and Contests

Rising Tide Triathlon Coaching may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Website. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Website, as they may contain additional important information about our rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the Terms of Use of such Official Rules conflict with these Terms of Use, the Terms of Use of such Official Rules will control.

Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Rising Tide Triathlon Coaching’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained ofuse of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Rising Tide Triathlon Coaching’s agent for copyright issues relating to this Website is as follows:

Copyright Agent Rising Tide Triathlon Coaching, LLC. 9549 E Chenango Ave, Greenwood Village, CO 80111. E-Mail address: sonja@risingtidetri.com.

In an effort to protect the rights of copyright owners, Rising Tide Triathlon Coaching maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Website who are repeat infringers.

Availability of Products and Services Mentioned

Information that Rising Tide Triathlon Coaching publishes on this Website may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Rising Tide Triathlon Coaching intends to announce or make available such products or services to the general public, or in your country. Consult your Rising Tide Triathlon account representative to determine which products and services may be available to you.

No Warranties

INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, RISING TIDE TRIATHLON COACHING DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Product descriptions and specifications are subject to change. Rising Tide Triathlon Coaching periodically adds or updates the information and documents on this Website without notice.

It is the user's responsibility to ascertain whether any information downloaded from this Website is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Rising Tide Triathlon Coaching BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE, EVEN IF RISING TIDE TRIATHLON COACHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Rising Tide Triathlon Coaching’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $100 US.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Rising Tide Triathlon Coaching of that third party or of any product or service provided by a third party.

Jurisdictional Issues

Rising Tide Triathlon Coaching makes no representation that information on this Website is appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

No export of information

The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. Nothing from this Website may be exported, in any way, in violation of United States law.

Enforcement of Terms of Use

These Terms of Use are governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Denver, Colorado, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Rising Tide Triathlon Coaching shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for Colorado or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Rising Tide Triathlon Coaching may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except by a new posting of Website Terms of Use by Rising Tide Triathlon Coaching, as described above.

For Additional Information

For additional information regarding our Terms of Use please contact Customer Support at sonja@risingtidetri.com or postal mail at Rising Tide Triathlon Coaching, 9549 E Chenango Ave, Greenwood Village, CO 80111.

Copyright © 2015, Rising Tide Triathlon Coaching, LLC. All Rights Reserved.