Terms and Conditions
Welcome to https://www.spartanfitnesschallenge.com/. The https://www.spartanfitnesschallenge.com/ website as well as the services made available through such websites are referred to as the "Site". The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your access to or use of the Site constitutes your agreement to all such Terms. If you do not agree to accept and abide by these Terms you should not access or use the Site. Please read these terms carefully and keep a copy of them for your reference.
The National Wresting Coaches Association owns and operates this Site and the Spartan Fitness Challenge.
The Terms, the Privacy Policy and all other documents referenced herein govern the relationship between you, the Site visitor (“you” or “your”) and the Spartan Fitness Challenge (a service and program administered and produced by the National Wrestling Coaches Association) (“Spartan”, “we”, “our”, “us”) with respect to your use of this Site. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder, whether on behalf of yourself or any entity that you represent.
https://www.spartanfitnesschallenge.com/ is a fitness test designed for high school students.
General Conditions and Disclaimers
We reserve the right to refuse service and/or access to the Site to anyone at any time.
Spartan shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Site or the services which make this Site available or electronic communications sent by National Wrestling Coaches Association will be available and free from viruses or any other harmful elements. While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend this Site, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site.
Any material downloaded or otherwise obtained through your use of this Site is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
Privacy
Your use of the Site is subject to Spartan’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://www.spartanfitnesschallenge.com/ or sending emails to Spartan constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Spartan does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may use https://www.spartanfitnesschallenge.com/ only with permission of a parent or guardian. If a child who is not at least 13 years old has provided us with personal information, that child's parent or legal guardian should contact us at info@spartanfitnesschallenge.com, if the parent or legal guardian would like the information submitted by the child deleted from our database that contains information submitted by users of the website. If we are so contacted or if we otherwise become aware that personal information from a child who is not at least 13 years old has been collected without such child's parent or guardian's consent, we will use all reasonable efforts to delete such information from our database.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Spartan and Spartan is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Spartan is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Spartan of the site or any association with its operators.We encourage you to read the policies and terms for each website, application, and service you visit, use, or interact with, including Linked Sites.
Certain services made available via https://www.spartanfitnesschallenge.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.spartanfitnesschallenge.com/ domain, you hereby acknowledge and consent that Spartan may share such information and data with any third party with whom Spartan has a contractual relationship to provide you with the requested product, service or functionality on your behalf.
No Unlawful or Prohibited Use/Intellectual Property
As a condition of your use of the Site, you warrant to Spartan that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Spartan or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. No licenses, express or implied, are granted by Spartan to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Spartan and all such rights are reserved and retained by Spartan. ALL RIGHTS RESERVED.
This Site, (including its organization and presentation) is the property of Spartan and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights. The trademarks, service marks and logos used on this site (“Trademarks”) are registered or unregistered Trademarks of Spartan. Nothing on this Site shall be construed as granting (by implication, estoppel, or otherwise) any license or right to use any Trademark without the prior written consent of Spartan or any third party that owns a Trademark displayed on the Site. Spartan makes no claim to the Trademarks of others which may be displayed on the Site.
You will not, and will not allow any third party to, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Site in any way. Spartan content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Spartan and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Spartan or our licensors except as expressly authorized by these Terms.
Without limiting the foregoing, you will NOT, and you will NOT allow any third party to:
Spartan may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Site, and may terminate these Terms, including, without limitation, if you breach these Terms or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.
Internet Software and Computer Viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.
Spartan shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any user materials or other content from this Site. Spartan recommends that you install appropriate anti-virus or other protective software.
International Users
The Service is controlled, operated and administered by Spartan from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Spartan Content accessed through https://www.spartanfitnesschallenge.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Spartan, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Spartan reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Spartan in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE NATIONAL WRESTLING COACHES ASSOCIATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE NATIONAL WRESTLING COACHES ASSOCIATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE AS WELL AS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE NATIONAL WRESTLING COACHES ASSOCIATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE AND YOUR USE THEREOF, INCLUDING THE WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE NATIONAL WRESTLING COACHES ASSOCIATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE NATIONAL WRESTLING COACHES ASSOCIATION OR ANY OF ITS SUPPLIERS 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Spartan reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Spartan as a result of this agreement or use of the Site. Spartan's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Spartan's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Spartan with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Spartan with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Spartan with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Spartan reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Spartan encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Spartan welcomes your questions or comments regarding the Terms:
National Wrestling Coaches Association
330 Hostetter Road
Manheim, PA 17545