FulGaz

Terms of use

PLEASE READ THE FOLLOWING TERMS OF USE VERY CAREFULLY BEFORE ACCESSING OR USING THE SITE.  BY ACCESSING OR USING THE SITE, YOU ARE AGREEING TO ABIDE BY THESE TERMS OF USE

Ownership of Site; Agreement to Terms of Use

The Fulgaz website, applications (e.g., mobile or tablet apps), sub-domains, and sub-sites thereof (the “Site”) is made available to you, the user (“you”), by BIZAR MOBILE PTY LTD, a company formed under the laws of Australia, and/or its affiliates (collectively, “Fulgaz”) subject to these Terms of Use (“Terms” or “Terms of Use”). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Fulgaz reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time, and you agree to be bound by such changes or modifications. Although Fulgaz may periodically notify you of certain changes (either by email or otherwise) in accordance with applicable law, other changes may be made without notice. It is your responsibility to check these Terms of Use periodically for changes, you hereby agree to do so. Note that your continued use of the Site following any changes will mean that you accept and agree to those changes. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. As long as you comply with these Terms of Use, Fulgaz grants you a personal, limited, non-exclusive, non-transferable, revocable right and license to enter and use the Site for your own personal, non-commercial purposes.

Eligibility

By accessing or using the Site, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age without your parent’s or legal guardian’s permission; and (d) your access or use of the Site does not violate any applicable law or regulation.  Fulgaz  reserves the right, in its sole discretion, to terminate or suspend your access to, and/or use of, the Site or any portion thereof, at any time, with or without notice and for any reason.

Your Account, Password, Security, and Account Termination

Certain features or services offered on or through the Site may require you to register an account. You are entirely responsible for maintaining the security and confidentiality of the information you hold on your account, including your password(s), and for any and all activity that occurs on your account as a result of your failure to keep this information secure and confidential. The Site may contain products or services for sale that can be purchased by using a credit card. If you are under the age of 18 and using a credit card to purchase any product or service, you may do so only with your parent’s or legal guardian’s consent. Fulgaz may, in its sole discretion and at any time, terminate your account, refuse your registration, and remove or edit your posted User Content (as defined below).  

Acceptance, Applicability, and Other Agreements

These Terms of Use apply to and govern your access or use of the Site and you accept them by accessing or using the Site, or creating an account. Each time you access or use the Site or create an account, you are confirming your acceptance of these Terms of Use, as they exist on that date. If you have entered into any other agreement with Fulgaz, such as a race entry agreement, a liability waiver, or a sponsorship agreement, the terms and conditions of those agreements will supersede and prevail over these Terms of Use in the event of any inconsistency. 

Postings; User Content

The Site may, now or in the future, provide you with the opportunity to post photos, content, or other information that will then be shared publicly with others through the Site, or otherwise by Fulgaz (“User Content”). You are solely responsible for the User Content that you post on or through the Site.  By submitting User Content or information of any type, you automatically grant Fulgaz a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such User Content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. Fulgaz may sublicense all or part of its rights under this license or assign them to third parties.  You also acknowledge that such submissions are non-confidential for all purposes.  

You will not post or transmit any of the following materials (each, “Prohibited Content”): (a) anything that interferes with or disrupts the Site or the operation of the Site or any product or service made available by Fulgaz; (b) statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others; (c) unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of another; (d) statements or material that violates other contractual or fiduciary rights, duties, or agreements; (e) statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction; (f) statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person; (g) statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of Fulgaz, or its subsidiaries; (h) anything that violates the privacy or publicity rights of any other person; (i) statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials; or (j) files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site. Furthermore, by posting User Content, you represent and warrant that all User Content posted by you on or through the Site or otherwise is not Prohibited Content and that you own or have all the rights necessary to grant Fulgaz the license set forth in this section.

Fulgaz may delete any User Content for any reason, including content that, in Fulgaz’s sole judgment, is offensive, illegal, or violates the rights or threatens the safety of any person.  Fulgaz does not monitor the Site for inappropriate User Content; however, if Fulgaz becomes aware of any such content, Fulgaz may (but is not required to) remove it. 

Copyrights; Notice for Claims of Copyright Infringement

You acknowledge that the content included on the Site, including but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, software, and the selection and arrangements thereof, is and will remain the sole and exclusive property of Fulgaz or its licensors and is protected by U.S., Australian, and other international copyright laws. Absent the express written consent of Fulgaz, the content on the Site may be used for personal, non-commercial use only.  Any other use, including the reproduction, modification, distribution, republication or display of any of the content on the Site is strictly prohibited and an infringement of copyright or proprietary rights in the information, and of these Terms of Use. 

Fulgaz follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and responds to clear notices of claimed copyright infringement in full compliance thereof. If you are a copyright owner or agent thereof and believe that User Content posted by a user on the Site infringes upon your copyright, please submit a notice to Fulgaz containing the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our Site containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Fulgaz can be reached at [email protected], or by mail at: 

BIZAR MOBILE PTY LTD

c/o World Triathlon Corporation

3407 W. Dr. Martin Luther King Jr. Blvd., Suite 100

Tampa, Florida 33607

Note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability. 

Trademarks

World Triathlon Corporation and its affiliates (including Fulgaz, collectively, “WTC”) owns a portfolio of thousands of marks, globally, and any use of any marks of WTC without the express written consent of WTC is prohibited. All other trademarks appearing on the Site are the property of their respective owners. Reference to any products, services, processes, or other information by retailer, manufacturer, supplier, or otherwise does not constitute or imply the endorsement, sponsorship, or recommendation by WTC or Fulgaz.

For more information about WTC’s trademarks and how to properly reference them, see our Intellectual Property Usage Policies and Guidelines (http://ironman.com/intellectual-property). The terms of the Intellectual Property Policy are made a part of these Terms of Use by this reference. 

Privacy

Fulgaz respects the privacy of your personal information. Please read our Privacy Policy (https://fulgaz.wpengine.com/fulgaz-app-privacy-policy/), as it details how we handle the information you provide to us when you use the Site, and its terms are made a part of these Terms of Use by this reference. By accessing or using the Site, you accept and agree to allow us to use your information as set forth therein.

Contests and Sweepstakes

The Site may offer you opportunities to enter contests and/or sweepstakes. By entering any contest or sweepstakes, you signify your agreement to all terms and conditions set forth on the Site applicable to such contest or sweepstakes, in addition to the terms contained in these Terms of Use.

Links; Third-Party Websites

The Site may contain or provide links or references to other websites, resources, and advertisers. Your use of any third-party site is at your own risk, and you acknowledge that Fulgaz has no control or responsibility, nor makes any representations of any kind with respect to such third-party sites or transactions that may occur there.  Links or references are provided on the Site for convenience only and Fulgaz will not be liable for any damages or injury arising from such third-party sites. By using a third-party site, you may be agreeing to their terms and conditions, which may differ significantly from these Terms of Use. Make certain you understand the risks and any applicable policies of third-party websites before retrieving, using, relying upon, before purchasing or otherwise transacting, via the Internet.

Linking, Crawling, and Framing

The Site and any content or resource viewed through it is available for your personal, private, and non-commercial use only. This includes, but is not limited to, information about Fulgaz’s events, virtual activities, race timings, etc.  You may link only to the Site’s home page, but not to any other page or portion of the Site. You agree not to, and warrant and represent that you will not assist any third-party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Site through any method (including, without limitation, through crawling, copying, caching, or framing), unless such access is expressly permitted in a written agreement executed by Fulgaz. You may not, for instance, (a) incorporate the information, content, or other material in any database, compilation, archive, API or cache; (b) deep-link to the Site for any purpose; (c) access the Site manually or with any robot, spider, web crawler, extraction software, automated process, device, program, or algorithm to scrape, copy, or monitor any portion of the Site; (d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; or (e) attempt to gain unauthorized access to any portion or feature of the Site by hacking, password mining, or any other illegitimate means. You agree not to use the Site, or any services made available through the Site for commercial purposes and agree not to share or transfer your account login information (if any) with any third party.  For avoidance of doubt, “commercial purposes” includes non-profit purposes.

Disclaimer

THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR PROVIDED OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FULGAZ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FULGAZ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT.  FULGAZ HAS THE RIGHT TO MAKE CHANGES AND UPDATES TO ANY INFORMATION AVAILABLE THROUGH THE SITE WITHOUT PRIOR NOTICE.

Limitation of Liability

IN NO EVENT WILL FULGAZ BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF FULGAZ HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY) ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, CONTENT, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE OR THE INTERNET GENERALLY.

Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you.  In such jurisdictions, Fulgaz’s liability is limited to the greatest extent permitted by law.

Agreement to Arbitrate; Class Action/Class Arbitration Waiver

Any dispute or claims arising out of, relating to, or in connection with these Terms of Use or your use of the Site (including any products or services provided by Fulgaz): (a) shall be governed exclusively by the laws of the State of Florida, USA, without regard to its conflict of laws provisions; and (b) unless settled by direct discussions, shall be determined by binding arbitration as the sole and final remedy for all matters in dispute, administered by the American Arbitration Association (“AAA”) in accordance with applicable arbitration rules as interpreted and governed by the Florida Arbitration Code. AAA arbitrators, acceptable to both you and Fulgaz, will conduct the arbitration. You agree that any arbitration proceeding, or any suit or other proceeding must be filed, entered into and/or take place only in Tampa, Florida, USA. YOU AGREE THAT THE PARTIES, BY ENTERING INTO THESE TERMS OF USE (WHICH YOU ACCEPT BY USING THE SITE), ARE WAIVING ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT IF A JUDGE WERE TO RULE THAT THE PARTIES’ ARBITRATION AGREEMENT IS NOT ENFORCEABLE THAT THE PARTIES ARE STILL VOLUNTARILY GIVING UP THEIR RIGHT TO A TRIAL BY JURY REGARDING ANY DISPUTE BETWEEN THEM.

You acknowledge and agree that any arbitration, suit, countersuit, action, or other legal proceeding shall be conducted and resolved on an individual basis only and that you will not bring, voluntarily join, or participate in any class action, consolidated action, representative action, class arbitration, consolidated arbitration, or representative arbitration involving matters arising out of, relating to, or in connection with these Terms of Use or your use of the Site (including any products or services provided by Fulgaz). You further acknowledge and agree that any dispute regarding the scope of this class action/class arbitration waiver provision shall be determined by a court, not an arbitrator.

IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AND CLASS ACTION/CLASS ARBITRATION WAIVER PROVISIONS ABOVE, YOU MUST NOTIFY US IN WRITING BY CONTACTING FULGAZ AT THE ADDRESS BELOW WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST PURCHASE, SUBSCRIBE TO, OR REGISTER FOR THE APPLICABLE PRODUCT, OR OTHERWISE ACCESS, VISIT AND/OR USE THE SITE. YOUR WRITTEN NOTIFICATION TO FULGAZ MUST INCLUDE: (1) YOUR FULL NAME AND ADDRESS; (2) THE NAME OF THE SITE, SERVICE OR PRODUCT YOU ACCESSED, PURCHASED, SUBSCRIBED TO, REGISTERED FOR, VISITED AND/OR USED; AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE CLAIMS WITH FULGAZ THROUGH ARBITRATION AND YOU DO NOT WAIVE YOUR RIGHT TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION. YOUR DECISION TO OPT OUT OF ARBITRATION AND THE CLASS ACTION/CLASS ARBITRATION WAIVER WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH FULGAZ OR YOUR USE OF THE SITE, SERVICE OR PRODUCT. IF YOU HAVE PREVIOUSLY NOTIFIED FULGAZ OF YOUR DECISION TO OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER, YOU DO NOT NEED TO DO SO AGAIN. 

Address for notices:

BIZAR MOBILE PTY LTD

c/o World Triathlon Corporation

3407 W. Dr. Martin Luther King Jr. Blvd., Suite 100

Tampa, Florida 33607

Attn: Legal Department

Indemnification

You hereby agree to indemnify and hold Fulgaz, its parent and affiliates, and each of their respective officers and employees harmless from each claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access or use of the Site, your violation of these Terms, your access or use of the Site or your infringement of any intellectual property, privacy, or other right of any person or entity.  

Dispute Resolution

If you believe that Fulgaz has violated these Terms of Use, its Privacy Policy or your rights, you agree to notify Fulgaz in writing and provide us with no less than thirty (30) days to resolve any dispute before bringing formal legal action.  If you feel your intellectual property, privacy, or safety is at risk, the foregoing will not serve to prevent you from seeking immediate injunctive or other relief from a court of competent jurisdiction. For all other disputes, and all claims for damages, you agree to provide a reasonable cure period of no less than thirty (30) days before bringing formal legal action.  The foregoing is intended to be applicable only in jurisdictions where it is not forbidden by law.  You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use and/or the Site must commence within one (1) year after such cause of action arises; otherwise, such cause of action will be permanently barred. In any formal legal action interpreting these Terms of Use, or alleging a breach of them, the prevailing party will be entitled to recover its reasonable attorneys’ fees in addition to any other damages or relief awarded by a court of competent jurisdiction.

Governing Law

You agree that these Terms of Use (and your agreement to them) and your access or use of the Site are governed exclusively by the laws of the State of Florida, USA, without regard to its conflict of laws provision. To the extent you opt out of the Arbitration provision above (in accordance with the opt-out requirements above) or the Arbitration provision above is otherwise unenforceable against you, you hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Hillsborough County, Florida, USA in all disputes (a) arising out of, relating to, or concerning the Site and any other products or services made available to you by Fulgaz and/or these Terms of Use, (b) in which the Site or any other products or services made available to you by Fulgaz and/or these Terms of Use is an issue or a material fact, or (c) in which the Site or any other products or services made available to you by Fulgaz and/or these Terms of Use is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.  You agree to waive any and all objections to jurisdiction or venue in Hillsborough County, Florida, USA.  Access or use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above, and you agree not to access the Site in any such jurisdiction.  Fulgaz has endeavored to comply with all legal requirements known to it in creating and maintaining the Site but makes no representation that materials on the Site are appropriate or available for use in any particular jurisdiction.  Access or use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of these Terms of Use is invalid or unenforceable under applicable law, 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 these Terms of Use will govern such use. 

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fulgaz as a result of this agreement or your use of the Site.  Fulgaz’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Fulgaz’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fulgaz with respect to such use.

Miscellaneous

These Terms of Use (including, without limitation, and any other terms and conditions that may appear on the Site from time-to-time) contain the full understanding with respect to your use and access of the Site. If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion will be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms of Use will remain in full force and effect.  The failure of Fulgaz to insist upon or enforce strict performance by you of any provision of these Terms of Use will not be construed as a waiver of any provision or right.  

We may provide notice to you relating to the Site and/or these Terms of Use by sending an email to your last known email address, which you agree to provide to us automatically when it changes from the one you used to first register on the Site, and any such notice will be deemed given and received on the day it is sent. Providing an email address constitutes your having opted-in to receive email communications from us in terms of compliance with, as may be applicable, the United States CAN-SPAM Act and other similar, U.S. or non-U.S. laws.

Rights in App Granted

Subject to your compliance with these Terms, Fulgaz grants to you a limited non-exclusive, nontransferable, revocable license, with no right to sublicense, to download and install a copy of the Fulgaz mobile or tablet apps (collectively, the “App”) on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App. Except as expressly permitted in these Terms, you may not i) copy modify or create derivative works based on the App; ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; iii) reverse engineer, decompile or disassemble the App; or iv) make the functionality of the App available to multiple users through any means.

Fulgaz reserves all rights in and to the App not expressly granted to you under these Terms. You must also comply with Terms of service of all third-party App providers when using the App.

For any additional questions or feedback related to these Terms of Use, please email [email protected] 

Last Updated: October 5, 2021

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