Terms of Use

Welcome to ToughMudder.com, the official website of Tough Mudder Incorporated (the "Website"). What follows are the terms of use for the Website and everything on it, including all subpages, whether accessed through mobile devices, tablets, smart watch, personal computers or other personal devices. These terms (the "Terms of Use") are a legal agreement between you and Tough Mudder Incorporated ("Tough Mudder", "us", "we", "our").

1. ACCESS AND USE OF THE WEBSITE

The Terms of Use apply to your use of the Website. Please read these Terms of Use carefully before accessing and/or using the Website. In addition to these Terms of Use, our Website is also subject to the Privacy Policy at our Privacy Policy Page, which is expressly made a part of our agreement with you. By accessing our Website, you are explicitly acknowledging that you have read and understand these Terms of Use and the Privacy Policy and you agree to be bound by them, and all applicable laws and regulations governing your access and use of the Website. If you do not agree to these Terms of Use, the Privacy Policy and all applicable laws and regulations governing your access and use of the Website, you are not authorized to use this Website.

Tough Mudder reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time. You are responsible for checking these Terms of Use periodically for changes. Your continued use of the Website after Tough Mudder has made changes will mean that you agree to the changes. In addition, hereby incorporated into the Terms of Use are all special terms, conditions and rules that may be referred to by particular features and services located on the Website that may be applicable to your access and/or use of such features or services. These Terms of Use apply whether you are accessing the Website and/or services through the use of your personal computer, a mobile device or any other technology or software known today or developed in the future.

Subject to your compliance with these Terms of Use, Tough Mudder gives you the limited, non-exclusive, non-transferable, and revocable right to access and use the Website solely for your personal and non-commercial use.

In order to access and use the Website, you must obtain access to the World Wide Web and pay any applicable access fees. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Access to the Website is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

This Website contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this Website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements. Links to and from the Website to and from other on-line cable, wireless, or other Internet website, service or browser, maintained by third parties ("Linked Services"), and the existence of such links do not constitute an endorsement by Tough Mudder of the Linked Services or the content thereof. The Linked Services are not under the control of Tough Mudder and accordingly Tough Mudder is not responsible for the Linked Services or their content, or availability of such content, or the products and services provided at the Linked Services.

Tough Mudder has no obligation to maintain the Website, in whole or in part, nor does it have any obligation to provide you with any related maintenance or support services. Tough Mudder reserves the right to render the Website, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace, or modify the Website or any portion thereof, at any time and for any or no reason, without prior notice or liability to you.

2. E-COMMERCE

If products and/or services are made available for purchase through the Website and you wish to purchase such products and/or services, you may be asked by Tough Mudder or its designee (or, if such product or service is being made available by a third party provider, by such third party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR USERNAME(S) TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE. Verification of information may be required prior to acceptance of any order through the Website. Descriptions or images of, or references to, products and/or services on the Website do not imply Tough Mudder's endorsement of such products and/or services. Tough Mudder reserves the right, with or without prior notice, to: change descriptions or references to products and/or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any visitor to the Website with any product or service. Price and availability of any product or service offered through the Website is subject to change without notice. Refunds and exchanges shall be subject to Tough Mudder's refund and exchange policies, as may be made available by Tough Mudder and updated by Tough Mudder from time to time. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. To the extent applicable, in the on-line processing of credit card transactions, the Website incorporates reasonable safeguards to protect the security of your personal information. However, it is always possible that any personal information transmitted or disclosed on-line can be intercepted by others and used unlawfully. Accordingly, Tough Mudder cannot warrant the security of your personal information.

3. RESTRICTIONS

The Website is intended for use by adults who reside in the United States of America, or those adults outside of the United States of America who, by using the Website, consent to use of the Website in accordance with United States of America laws, these Terms of Use and our Privacy Policy. If you choose to access the Website from locations outside of the United States of America, you do so on your own initiative and at your own risk. By using or attempting to use the Website, you are representing to Tough Mudder that you meet the foregoing eligibility requirements and have the legal capacity to enter into and be bound by these Terms of Use.

This Website is not for children under 13. We do not knowingly request or solicit personally identifiable information from anyone under the age of 13, nor do we communicate with children under 13 by email, phone or in any other manner without the express written consent of their parent or guardian. If we become aware that we have received personal information from a child under 13, we will delete that information as quickly as is reasonably possible and cease further communication with such individual.

4. SITE FEATURE

(a) General Information. Our Website is primarily meant to provide you with information about Tough Mudder events and about our company. While we try to keep our Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website.

(b) Your Submissions. Our Website may also include: surveys to help us learn about you or your interest in volunteering at an event, hosting an event, or being part of a news story about an event; newsletter sign-up; and a poster request form. We do not guarantee any confidentiality or anonymity with respect to any information you provide to us. By submitting information, photos or other materials to us through the website or via email, you expressly: 1) give us permission to use such materials for any purpose; and 2) represent and warrant that you are the owner of such materials and have the right to grant us ownership in them or permit us to use them for any purpose. For example, if you fill out our Media Profile survey and email us your photo, we have your permission to (among other things): shop your story and photo to any media outlets we choose, put such media outlet(s) in touch with you, and we have your permission to use your materials (including, without limitation, your photo and story and any other materials submitted) and grant others the use of foregoing materials.

(c) Event Registration (Participant and Spectator). Signing-up to participate in or watch a Tough Mudder event requires creation of an account and registration through Active.com. The information you provide to Active.com to register for a Tough Mudder event will be shared with us, but Active.com may have its own terms of use and privacy policy. We are not responsible for your Active.com account or any information you provide to Active.com to create an account. You must contact Active.com for any issues with your Active.com account. Please review our Privacy Policy for more on how we use registration information received from you.

5. OWNERSHIP

(a) Ours. Unless otherwise specified, all intellectual property rights in and to the logos, trademarks, copyrights, trade dress, trade names, designs, photos, videos, and other material, which may include certain footage (video and audio), photographs, text, images, logos and other media and intellectual property related to or otherwise associated with Tough Mudder (collectively, the "Tough Mudder Material"), on our Website is owned by Tough Mudder. The Website and its content, including the selection, coordination, arrangement and enhancement of content and the design, layout and "look and feel" of the Website, constitute valuable intellectual property of Tough Mudder, and are protected by applicable copyright, trademark and other applicable intellectual property rights and laws. Unless Tough Mudder provides to you advance written approval, you may not copy, modify, publish, upload, transmit, distribute, perform, publicly display, or otherwise use any of the Tough Mudder Material in whole or part in a manner inconsistent with the United States Copyright Act, including, without limitation, any "fair use" provisions (17 U.S.C § 107). Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to any Tough Mudder Material without the written permission of Tough Mudder. Use of our Tough Mudder Material for any purpose without first obtaining our express written permission may be a violation of our copyright and/or other proprietary rights. You may not "frame" the content of this Website within another website. You may not use any meta tags or any other "hidden text" utilizing any Tough Mudder trademarks without the express written consent of Tough Mudder.

The Website and its content are licensed, not sold, to you, and your limited rights to access and use the Website and its content are conditioned upon your compliance with these Terms of Use. No act of downloading or copying from, or otherwise using, the Website, even with Tough Mudder's permission, will transfer any title, interest or right in or to any part of the Website and its content to you. Tough Mudder hereby expressly reserves all rights not expressly granted in and to the Website and its content.

(b) Yours. The Website may enable its users to post, upload or otherwise make available through the Website certain user-generated information. You acknowledge and agree that all user generated content and related information, data, text, or other materials, whether publicly posted or privately transmitted (collectively, "User Content"), are the sole responsibility of the person from whom the material or information originated. You acknowledge and agree that Tough Mudder does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You understand that by using the Website, you may be exposed to User Content that you may consider offensive or objectionable. In the event that you submit User Content, you agree that such User Content shall become the sole property of Tough Mudder. In the event that you retain ownership rights in any User Content, you grant us a free, worldwide, perpetual right to modify, reproduce, distribute, publicly display, create derivative works of, incorporate such materials into any form, medium or technology now known or later developed throughout the universe and perform the materials you have submitted, including, without, limitation, your name and likeness, and allow others to do the same for any purpose, including, without limitation, commercial purposes. You agree that all of your User Content shall not contain any third party materials, and that you will not receive any compensation whatsoever for the aforementioned usage, and you are not entitled to make any claim in connection with our exercise of the permissions you have granted us, including, without limitation, claim(s) based on invasion of privacy, idea misappropriation, other violation of your civil rights, or defamation. In addition, you warrant that all so-called "moral rights" in User Content have been waived. Any such User Content submitted will be treated as non-confidential and non-proprietary, and by submitting such materials you acknowledge that any such materials (i) may be used, read or intercepted by others; (ii) create no confidential, fiduciary, contractually implied or other relationship between you and Tough Mudder other than pursuant to these Terms of Use; and (iii) are subject to the grant of rights to Tough Mudder as described herein. For the avoidance of doubt, User Content also includes unsolicited submissions, such as new or improved obstacles, event formats, products names, advertising, marketing or promotional campaigns, technological advancements or website suggestions. Although Tough Mudder typically discourage you from making such unsolicited submissions, the foregoing ownership rights with respect to User Content shall apply.

In order to access or use certain portions of the Website, you may be required to register and provide certain information. If you opt to register for any portion of this Website, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Tough Mudder has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Tough Mudder shall have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You acknowledge and agree that Tough Mudder may rely on the Registration Data to send you important information and notices regarding your account and the Website. You acknowledge and agree that Tough Mudder shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Website or your account. You further agree that Tough Mudder is authorized to verify such Registration Data. You are responsible for maintaining the confidentiality of any password and/or username designated with regard to your registration and you are solely responsible for all activities that occur by use of such password or username, and you will notify Tough Mudder immediately in the event of unauthorized use of your password or account.

Tough Mudder reserves the right, but not the obligation, in the exercise of its sole discretion, to remove or edit User Content from the Website at any time and for any reason, including but not limited to User Content that (i) violates any term of these Terms of Use; or (ii) is illegal, offensive or inappropriate. Any violation of these Terms of Use may result in termination of your access to the Website and disclosure of your personal information to the applicable law enforcement authorities, where appropriate.

Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") posted on, submitted through, or otherwise sent to Tough Mudder as a result of, your use of the Website shall become and remain the exclusive property of Tough Mudder. Your posting, submission or sending of any such Comments shall constitute an assignment to Tough Mudder of all worldwide right, title and interest, including all intellectual property rights, in and to the Comments, and Tough Mudder will be entitled to use, reproduce, disclose, publish, distribute and otherwise exploit any Comments for any purpose whatsoever, without restriction or liability and without notifying or compensating you in any way, and you hereby agree to waive any and claims against Tough Mudder in connection with the foregoing. All Comments will be treated as non-confidential, and therefore you agree not to post, submit or send to Tough Mudder, on an unsolicited basis, any ideas, confidential information, proprietary information or other Comments that you do not wish to assign to Tough Mudder, including without limitation ideas for new or improved products, services, technologies, marketing, advertisements promotions or other services, products or offerings and any original creative materials such as stories, videos, computer code, images or artwork (all of the foregoing, collectively, "Unsolicited Ideas"). If you submit or otherwise send to Tough Mudder any Unsolicited Idea, by doing so you acknowledging and agreeing that: (1) you are not posting, submitting or sending any confidential or proprietary information; (2) Tough Mudder has no obligation to review or use the Unsolicited Idea or to keep it confidential; and (3) Tough Mudder will consider the Unsolicited Idea as a Comment assigned to and owned by Tough Mudder, which it may use, reproduce, disclose, publish, distribute or otherwise exploit for any purpose whatsoever, without restriction or liability and without notifying or compensating you, and you hereby agree to waive any and claims against Tough Mudder in connection with the foregoing.

6. DMCA NOTICE

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act [see 17 U.S.C § 512(c)(3)] by providing our Copyright Agent at [email protected] with the following information in writing:

  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner of the copyright, its agent, or the law;
  • 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.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

7. RESTRICTIONS ON USE

We give you permission to use our Website so long as you abide by these Terms of Use and our Privacy Policy and do not:

  • use the materials on the Website for any commercial purpose;
  • use the Website or its content for any illegal purpose;
  • attempt to gain unauthorized access to any other user's computer systems or networks associated with the Website;
  • modify or attempt to modify or in any way tamper with Website;
  • use the Website or any of its content in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, right of privacy or right of publicity; or
  • interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.

In connection with your use of the Website, you must not and User Content shall not: (a) defame, abuse, harass or threaten others; (b) make any bigoted, hateful or racially offensive statements; (c) advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person; (d) post or distribute any material that infringes and/or violates any right of a third party or any law; (e) post or distribute any vulgar, obscene, discourteous or indecent language or images; (f) advertise or sell to or solicit others; (g) use the Website for any personal commercial purposes of any kind not related to Tough Mudder; (h) post or distribute any software or other materials that contain a virus, worm or any computer code, file, program, routine or other harmful component or device to interrupt, destroy, damage or limit the functionality of this Website or any other website, or any computer hardware, software or telecommunications apparatus; (i) restrict or inhibit any other user from using and enjoying the services or features of the Website; (j) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; (k) use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (l) interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website; (m) gain, or attempt to gain, unauthorized access to the Website, or any account, computer system or network connected to this Website, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means; (n) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; or (o) gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.

8. MEDICAL TREATMENT AND FITNESS FEATURES

The Website is provided for your convenience. You should not rely on information provided on this Website as a substitute for professional medical advice, diagnosis, or treatment and nothing on this Website creates a physician-patient relationship. Do not disregard, avoid or delay obtaining medical advice or seeking emergency care.

The Website and the features, functionalities, services and content made available therein, including without limitation any advice, information, workouts, exercises, regimens, nutritional plans, recipes or other materials (collectively, the "Fitness Features"), are provided for general informational purposes only, and do not constitute medical advice. The Fitness Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any fitness or nutrition regimen or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions.

Tough Mudder is not liable or responsible for any consequences of you having read, used or relied upon any Fitness Features. By using any Fitness Feature, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, all of which can be potentially hazardous activities. You should consult with your doctor prior to using any Fitness Feature. If you choose to use any Fitness Features, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using such Fitness Features, and you hereby assume all risks associated with using such Fitness Features. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING ANY FITNESS FEATURE, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOUGH MUDDER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FITNESS FEATURES AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH FITNESS FEATURES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY FITNESS FEATURE IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOUGH MUDDER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY FITNESS FEATURE.

9. TERMINATION

We reserve the right to suspend or terminate your access to the Website at anytime if we suspect that your use of the Website or its content may be unlawful, violate the rights of third parties or any of the terms of these Terms of Use or our Privacy Policy. Upon any such termination, you must cease use of the Website and destroy all materials obtained from the Website and all copies thereof, whether made under these Terms of Use or otherwise.

10. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Tough Mudder and its directors, members, shareholders, partners, employees and respective agents, and contractors from and against all liabilities, claims, damages, costs and expenses, including attorneys' fees arising out of: your use of the Website; any material you post, upload, e-mail or otherwise transmit using the Website; your violation, breach or alleged violation or breach of these Terms of Use or any applicable law.

11. DISCLAIMERS

You acknowledge and agree that the disclaimers and limits on liability set forth in these Terms of Use reflect a reasonable and fair allocation of risk between you and us and are an essential basis of the bargain between us.

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND YOUR USE OF THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE USE OR OPERATION.

IN ADDITION, TOUGH MUDDER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE; (B) ANY ACTS OR OMISSIONS OF USERS, OUR PARTNERS, ADVERTISERS OR OTHER PARTIES ON OR THROUGH THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR THIRD PARTIES RELATED TO THE SITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY DAMAGE OR DESTROY YOUR COMPUTER HARDWARE OR SOFTWARE OR TELECAOMMUNICATIONS APPARATUS; AND/OR (G) ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.

ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THE CONTENT CONTAINED THEREIN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Tough Mudder explicitly disclaims any responsibility for the accuracy or availability of information found on third party websites that link to or from this Website. Tough Mudder cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Website or third-party content on our Website. Tough Mudder does not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any information contained in such third-party sites or content. Tough Mudder does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. Tough Mudder strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please advise Tough Mudder (at the contact information provided below) if you discover any inaccuracy in this content.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT WILL TOUGH MUDDER OR ANY OF ITS DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF TOUGH MUDDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE), ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE AND/OR OUR PRIVACY POLICY; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION, INCLUDING ANY PERSONAL INFORMATION; (C) YOUR USE OR INABILITY TO USE THE WEBSITE; OR (D) ANY OF THE WEBSITE CONTENT.

THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF TOUGH MUDDER OR ANY OF ITS DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFLIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES AND CLAIMS (WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

13. JURISDICTION; GOVERNING LAW.

These Terms of Use and our Privacy Policy shall be governed and interpreted in accordance with the laws of New York without application to any choice of law rules. Subject to the following paragraph, the exclusive jurisdiction and venue for any action under these Terms of Use and/or Privacy Policy shall be in the state and federal courts in the county and state of New York. You agree to accept the personal jurisdiction of such courts and waive any claim that such courts do not have jurisdiction over such dispute or that venue in such courts is not appropriate or convenient. Tough Mudder will be entitled to recover court costs and reasonable attorneys' fees and expenses incurred in successfully proving any violation of any term of these Terms of Use. YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR OUR PRIVACY POLICY OR THE TRANSACTIONS CONTEMPLATED HEREBY.

By using the Website, you agree to submit to submit any and all controversies, disputes or claims arising out of or related to your use of the Website for arbitration to be conducted in New York, New York, and administered by the American Arbitration Association ("Arbitration Agreement"). By using the Website, you agree that the arbitration of any dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Tough Mudder or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Tough Mudder. You agree that the arbitrator of any dispute between you and Tough Mudder may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). If the foregoing class action waiver ("Class Action Waiver") or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and such dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. You agree that you will assert any claim arising out of your use of the Website within one (1) year after the claim arises, or such claim will be barred.

14. MISCELLANEOUS

These Terms of Use and our Privacy Policy make up the entire agreement between you and us regarding the Website, and supersedes any prior agreements. Any amendment to or waiver of any provision of these Terms of Use and/or Privacy Policy must be made in writing and signed by us. If any part of these Terms of Use and/or Privacy Policy is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce these Terms of Use and/or Privacy Policy, such failure will not be considered a waiver. Neither these Terms of Use nor our Privacy Policy confer onto any third party any beneficiary right(s) which are fully transferable and assignable solely by us, our transferees and assigns. Any terms of these Terms of Use and/or Privacy Policy that were, by their nature, intended to survive termination of these Terms of Use and/or Privacy Policy will survive. In connection with the Tough Mudder events, in the event of any conflict between these Terms of Use and/or Privacy Policy and the terms and conditions contained in Tough Mudder Participant Waiver, the terms of the Participant Waiver will prevail. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these terms must be in writing signed by an authorized representative of Tough Mudder be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as allowed under these Terms of Use.

TOUGH MUDDER® is a trademark of Tough Mudder Incorporated. Our trademarks may not be used in connection with any product or service that is not Tough Mudder Incorporated's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Tough Mudder Incorporated.

15. CONTACT

If you have any comments or questions about the above Terms of Use, please contact:

Tough Mudder Incorporated
15 MetroTech Center, 7th Floor
Brooklyn, NY 11201
Attn: General Counsel

To receive a copy of these Terms of Use, email us at [email protected]

Last updated: May 25, 2018