Terms of service.
Welcome to World Champ Tech. We’re glad you’re using our Apps. Please read the following, because it covers how you can use our Apps. We would rather we didn’t have to include it, but our lawyers made us do it.
Preamble
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, STOP NOW. YOU MAY NOT USE THE APPS. BY USING THE APPS YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE HERETO FROM TIME TO TIME.
Right to Use
The Apps are for your personal and noncommercial use. Don’t try to make money off of it. Your right to use the Apps are subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Apps at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and aspects of the Apps or restrict your access to parts or all of the Apps without notice or liability.
Availability of Apps
By using the Apps, you acknowledge that you are using a mobile device-based platform, which may present information from third parties, and that while we take every reasonable action to make sure that the App remains fully functional and up to date, interruptions do happen, unfortunately, for any reason or no reason, including for routine maintenance. World Champ Tech retains the right at its sole discretion to deny access to part or all of the Apps to anyone, at any time and for any reason. You understand and acknowledge that due to circumstances both in our control and not in our control, access to the Apps may be interrupted, suspended, or terminated.
Transmission of Information
World Champ Tech does not control wireless or mobile connectivity, or its security, or that of other networks you use to access the Apps. We wish we did, because that would be awesome and we wouldn’t need to design the Apps. World Champ Tech is not, and cannot be responsible for the security of information that you choose to communicate via our Apps. Nor are we responsible for any data lost during transmission. For specific information regarding World Champ Tech’s use of your personal information, please refer to our Privacy Policy.
Subscription Billing
Payment will be charged to your iTunes Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings on their paired iPhone after purchase.
Modification
We may revise these Terms of Use or the Apps from time to time in our sole discretion. All changes are effective immediately when we post them to the Apps, and apply to all access and use of the Apps thereafter. Your continued use of the Apps following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this section frequently so that you are aware of any changes as they are binding on you. If you do not agree to the changes as we have made them; discontinue use of Apps immediately. Continued use after notice of the changes will constitute acceptance in full, of the terms. Finally, do not attempt to modify these terms, in whole or in part. Any modification by you will be void and have no effect.
Intellectual Property
We worked hard on these Apps. You acknowledge that we own all rights, title, and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights, and all other intellectual property rights of any sort throughout the world) in the Apps, and in any and all versions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, ideas, and information made or conceived or reduced to practice, in whole or in part, compilations of data created through the use of the Apps by each user (collectively, “Intellectual Property”). Such ownership shall include rights in any advertising materials, Apps, and their reproductions, further versions, revisions, and/or derivative works of the Apps. Any goodwill existing or created as part of this agreement shall inure to the benefit of World Champ Tech only. Except as may be expressly granted herein, and necessary for your use of the Apps, World Champ Tech grants you no right, license, title, or interest in or to any of World Champ Tech Intellectual Property. You shall not copy without authorization, translate, reverse engineer, decompile, disassemble, or make derivative or transformative works of World Champ Tech Intellectual Property. Furthermore, you may not allow others to access or utilize your Account or Subscriptions to access the World Champ Tech Apps. World Champ Tech reserves all rights not specifically granted.
The following uses of World Champ Tech Intellectual Property are permitted:
Mobile devices on which you use the Apps are permitted to make temporary copies of the Apps as stored on such devices incidental to the use and access of the Apps;
You may store files that are automatically cached in mobile device for display enhancement purposes; and
Post or share details of the rides you record via social media outlets which World Champ Tech offers access to within the Apps.
Proprietary Use of Information
The Apps contains information presented in a way proprietary to us. We assert all applicable protection in the information presented through the Apps. Any information provided by us is protected whether or not it is identified as proprietary to us. You agree not to modify, copy, or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. The name of the Apps, and all parts of the Apps, regardless of their name, are marks of or under license to us. No use of these marks shall be permitted except through the prior written authorization and permission of World Champ Tech or the licensor of the mark. All rights not expressly granted herein are reserved.
User Warranties
By accessing information as part of the App, you warrant and agree that you: (a) possess the authority to create a binding legal obligation, on behalf of yourself personally, and are not impaired in this ability; (b) that all the information you provide to World Champ Tech is only about yourself, and that all of such information is accurate, true, current, and complete; (c) your use of the Apps will always comply with the terms of this Agreement, and your Account and or Subscriptions will be the use of each Account only; and (d) you will remain responsible for all uses of your Subscription, safeguard your password, and supervise the use of your Subscription.
YOUR HEALTH. WORLD CHAMP TECH APPS ARE NOT MEDICAL DEVICES. WE ARE NOT DOCTORS AND WE'RE NOT PROVIDING MEDICAL ADVICE. YOU EXPRESSLY ACKNOWLEDGE THIS AND AGREE THAT WORLD CHAMP TECH IS NOT PROVIDING MEDICAL ADVICE VIA THE APPS. NONE OF THE CONTENT PROVIDED THROUGH THE APPS, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, IS 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 THIS APPS, AND YOU SHOULD NOT USE THE APPS OR ANY CONTENT ON THE APPS 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 WORLD CHAMP TECH.
NO MATTER HOW MUCH YOU LOVE IT, BIKING, RUNNING, SWIMMING, SKIING, SNOWBOARDING, WALKING, HIKING, AND WHEELCHAIR WORKOUTS HAVE RISKS. YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT COLLECTED BY THE APP (INCLUDING BUT NOT LIMITED TO BIKING, RUNNING, SWIMMING, SKIING, SNOWBOARDING, WALKING, HIKING, AND WHEELCHAIR WORKOUTS) 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 WORLD CHAMP TECH OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT WORLD CHAMP TECH DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, GROUP RIDE OR EVENT THAT UTILIZES OR IS REFLECTED IN DATA COLLECTED BY THE APPS.
THIRD PARTY PROVIDERS. THE APPS MAY BE UTILIZED WITH THE PRODUTS OF CERTAIN THIRD PARTY HARDWARE PROVIDERS, MAY UTILIZE INFORMATION OR POST INFORMATION TO THIRD PARTY PROVIDERS. Apps may be utilized with the products of certain third party hardware providers, may utilize information from or post information to various third party providers including, but not limited to Google Maps, Twitter or the like. YOU AGREE THAT WORLD CHAMP TECH 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 APP PROVIDERS OR INFORMATION PROVIDED TO OR POSTED ON THESE PROVIDERS AVAILABLE ON THE APPS.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPS IS AT YOUR SOLE AND EXCLUSIVE RISK. THE APPS ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: THE AVAILABILITY, ACCURACY OF CONTENT OR MATERIALS, INFORMATION, OR APPS, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WORLD CHAMP TECH EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND TIMELINESS OF THE INFORMATION, AND ALL APPS PROVIDED BY WORLD CHAMP TECH IS BORNE EXCLUSIVELY BY YOU. WORLD CHAMP TECH MAKES NO WARRANTY THAT THE APPS WILL MEET YOUR REQUIREMENTS, OR THAT THE APPS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WORLD CHAMP TECH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APPS. SHOULD THE APPS, IN ALL OF THE FORMS PROVIDED BY WORLD CHAMP TECH, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU; YOU, AND NOT WORLD CHAMP TECH, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. USERS IN STATES WHICH DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES MAY HAVE DIFFERENT LEGAL RIGHTS, WHICH MAY VARY BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL WORLD CHAMP TECH OR OTHER PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, MOBILE OR OTHER DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE APPS. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO $5.
Limitation of Liability & Indemnity
WE ARE NOT RESPONSIBLE FOR ANY NORMAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, WHICH MAY ARISE OUT OF OR RELATE TO YOUR USE OF THE APPS, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, BUSINESS OR DATA, OR DAMAGES RESULTING FROM ANY VIRUSES, WORMS, "TROJAN HORSES," OR OTHER DESTRUCTIVE SOFTWARE OR MATERIALS, OR ANY INTERRUPTION OR SUSPENSION OF THE APPS, REGARDLESS OF THE CAUSE OF THE INTERRUPTION OR SUSPENSION. NOR ARE WE LIABLE FOR ANY NORMAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, OR INDIRECT DAMAGES AS A RESULT OF THE USE OF THE INFORMATION PROVIDED THROUGH APPS. ANY LIABILITY OF WORLD CHAMP TECH SHALL BE STRICTLY LIMITED TO $500. WORLD CHAMP TECH MAY DISCONTINUE OR CHANGE THE APPS OR ITS AVAILABILITY TO YOU AT ANY TIME, AND YOU MAY STOP USING THE APPS AT ANY TIME. YOU AGREE TO INDEMNIFY US, OUR OFFICERS, MEMBERS, EMPLOYEES AND AGENTS, FROM ANY LOSS OR DAMAGE, INCLUDING BUT WITHOUT LIMITATION TO REASONABLE ATTORNEYS’ FEES BOTH AT TRIAL AND APPELLATE LEVELS, THE EXPENSES, AND COSTS WHICH WE MAY SUFFER FROM YOUR ACTIVITIES ON OR USE OF THE APPS, OR AS A RESULT OF THE USE OF THE INFORMATION PROVIDED THROUGH THE APPS, INCLUDING WITHOUT LIMITATION ANY BREACH BY YOU OF THIS AGREEMENT OR ANY CHARGES OR COMPLAINTS MADE BY OTHER PARTIES AGAINST YOU. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU; PROVIDED, HOWEVER, THAT YOU SHALL REMAIN LIABLE FOR ANY SUCH CLAIM. WORLD CHAMP TECH MAY TERMINATE THESE TERMS OF USE AT ANY TIME. WITHOUT LIMITING THE FOREGOING, WORLD CHAMP TECH SHALL HAVE THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND ANY OF YOUR PASSWORDS OR ACCOUNTS IN THE EVENT WORLD CHAMP TECH CONSIDERS, IN ITS SOLE DISCRETION, ANY OF YOUR CONDUCT TO BE UNACCEPTABLE, OR IN THE EVENT YOU BREACH THIS AGREEMENT. NOTWITHSTANDING THE ABOVE, THESE TERMS OF USE WILL SURVIVE TERMINATION OF THIS AGREEMENT. YOU EXPRESSLY AGREE TO RELEASE WORLD CHAMP TECH, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. 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 APPS, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY WORLD CHAMP TECH WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY APP PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE APPS, (d) ANY DELAY OR INABILITY TO USE THE APPS EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, APPS OR CONTENT OBTAINED THROUGH THE APPS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WORLD CHAMP TECH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Jurisdiction/Disputes/Choice of Law
Beyond what we’ve written above, please don’t sue us. If you have to, this Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of New York, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the State of New York for resolution of all disputes. You hereby agree that exclusive venue for any litigation under this Agreement shall be with any federal, state, or county court located Santa Clara County, California. Each party shall be liable for their own attorneys’ fees, expenses, and costs both at trial and appellate levels.
Miscellaneous
Waiver by you of any breach or default or failure to exercise any right allowed under this Agreement constitutes a waiver of any prior, or subsequent breach, or default, and a waiver or forfeiture of any similar or future rights under this Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect. These Terms of Use and any other related terms constitute the sole and entire agreement between you and World Champ Tech with respect to the Apps and supersede all prior and contemporaneous understandings, representations, and warranties, both written and oral with respect to the Apps.
Affirmation of Agreement
You hereby acknowledge and affirm that you have read this entire Agreement and that you agree to be bound by all its terms and conditions by clicking where indicated on the App registration page and/or by authorizing the use of your credit or debit card for payment of such charges and fees necessary to create an Account or purchase a Subscription through App and for any other charges which you may incur.