TERMS & CONDITIONS
Date of last revision: Aug 2017
IMPORTANT NOTICE FOR AMATEUR ATHLETES YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF OR PARTICIPATION IN THE ACTIVITIES OF THIS PLATFORM DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. BILT UNLIMITED IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE PLATFORM RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
PHYSICAL ACTIVITY NOTICE
The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. BILT UNLIMITED is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.
All intellectual property on the Platform (except for User Generated Content) is owned by BILT UNLIMITED or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the BILT UNLIMITED name and the ""BU/BU HEX" design) are owned, registered and/or licensed by BILT UNLIMITED. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of BILT UNLIMITED; All rights reserved.
PLATFORM USE RESTRICTIONS
All orders placed through the Platform are subject to BILT UNLIMITED's acceptance. This means that BILT UNLIMITED may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, BILT UNLIMITED will issue you a refund.
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your BILT UNLIMITED account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. BILT UNLIMITED is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by BILT UNLIMITED.
POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platform. Do not take any action or post anything that may expose BILT UNLIMITED or its users to any harm or liability of any type.
BE RELEVANT AND CONSTRUCTIVE
Stay on topic and post only constructive comments and questions. Unless the Platform feature asks for it, don't talk about policies, future products, speculations or rumors about BILT UNLIMITED and BILT UNLIMITED products, or anything else off topic.
BE COURTEOUS AND APPROPRIATE
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in BILT UNLIMITED's sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Platform user or person.
Do not post personal information. Do not collect or solicit personal information from other Platform users or send unsolicited emails or other communications. Do not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes.
The Platform is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Platform.
Do not impersonate any person or entity, including without limitation athletes or BILT UNLIMITED employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one BILT UNLIMITED account, register a BILT UNLIMITED account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.
Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.
GENERAL RULES FOR USER GENERATED CONTENT
CONTENT IS NOT PRESCREENED
BILT UNLIMITED does not prescreen User Generated Content. BILT UNLIMITED does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. BILT UNLIMITED is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event BILT UNLIMITED chooses to monitor any User Generated Content, BILT UNLIMITED assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. BILT UNLIMITED reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
ELIGIBILITY AND REGISTRATION
BILT UNLIMITED'S RIGHTS TO YOUR POSTING
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to BILT UNLIMITED a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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. These requirements must be followed to give BILT UNLIMITED legally sufficient notice to BILT UNLIMITED of infringement. Send copyright infringement complaints to:
Legal Department (Copyright)
464 Main Ave W, Twin Falls, ID 83301
We suggest that you consult your legal advisor before filing a notice with BILT UNLIMITED's copyright agent, because there may be penalties for false claims.
The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using BILT UNLIMITED's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. BILT UNLIMITED is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. BILT UNLIMITED is under no obligation to become involved with any user dispute, but may do so at its own discretion.
BILT UNLIMITED is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, BILT UNLIMITED disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. BILT UNLIMITED cannot guarantee and does not promise any specific results from use of the Platform. BILT UNLIMITED does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, BILT UNLIMITED does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. BILT UNLIMITED reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
BILT UNLIMITED SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A BILT UNLIMITED EVENT OR ANY USER GENERATED CONTENT, EVEN IF BILT UNLIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST BILT UNLIMITED FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF BILT UNLIMITED IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, BILT UNLIMITED'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Effective Aug 1, 2017
WHAT YOU GIVE US
We collect information you give us or permit us to access. Information may include, but is not limited to, your name, image, birth date, email and physical address, telephone number, gender, contact lists, social media information and profile, location (GPS) information, activity and performance information, and when necessary, credit card information.
WHAT WE COLLECT FROM YOU
We may automatically collect information regarding your interaction with, and use of, our products and services. Information we may collect includes, but is not limited to, your telephone number, Device identifier and hardware information, IP address, browser type and language, cookie information, system type, whether you have enabling software to access certain features, access times, referring website URLs, information about your purchases and other information about your interactions with us.
WHAT WE COLLECT FROM OTHER BILT UNLIMITED INTERACTIONS AND THIRD PARTIES
We may combine information you give us with other information from BILT UNLIMITED sources, transactions and communications. This may include, but is not limited to, information from BILT UNLIMITED stores, direct mail, catalogs, events, products and applications, or other BILT UNLIMITED interactions. We may also combine that information with data that is publicly available and data from third parties. We also collect information about gift recipients provided by the giver.
We do not knowingly collect or solicit personal information from children under 13.
We may use your information to do the following:
ENABLE YOUR USE
Enhance, customize and personalize your BILT UNLIMITED experiences and communications
Use BILT UNLIMITED features, such as running routes, race registrations, placing an order and other activities
OPERATE, IMPROVE AND ANALYZE
Operate, provide, improve and maintain BILT UNLIMITED's products and services, including analyzing user behavior and trends
Send you administrative messages and other information about BILT UNLIMITED. Communicate with you about your purchase, account information or customer service
PROVIDE AND CONDUCT MARKETING AND PROMOTIONS
Communicate with you about our products, services and events, and for other promotional purposes
Administer contests, promotions, events, surveys or other features
Display relevant marketing to you
BILT UNLIMITED FAMILY
We may provide your information to BILT UNLIMITED, Inc. companies and affiliates, some of which may be outside the U.S.
We may transfer your information to BILT UNLIMITED Family service providers to conduct our business. For example, they may handle credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We may also share your information to administer features (e.g. music download, race registration, or workout routine).
BY LAW OR TO PROTECT RIGHTS
Your information may be transferred to a third party as a part of our business assets in a sale of a part or all of BILT UNLIMITED. If this should happen, notice will be provided by posting to the website or other form of communication.
When you join or use certain services, you agree to publicly share a basic amount of information, which may include your username, city location, and profile picture.
SHARING YOU CHOOSE
BILT UNLIMITED SHARING
Information that is publicly shared may be used by BILT UNLIMITED for promotional purposes.
Security Measures: We use a variety of security measures, including encryption and authentication tools, to help protect your information. We use secure servers when you place orders. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted within our databases.
However, like other companies, BILT UNLIMITED cannot guarantee 100% the security or confidentiality of the information you provide to us.
HOW WE COLLECT INFORMATION
BILT UNLIMITED automatically collects information within our products and services or stored by your browser or Device. We use a variety of methods to collect this information, including, but not limited to, cookies and pixel tags/web beacons ("Collection Tools").
TURNING OFF COLLECTION TOOLS
If you turn off certain Collection Tools, you may not have access to many features that make your experience more efficient and some of our services and features may not function properly. However, you can still place product orders over the telephone by contacting our customer service number at 1-208-736-2458. Note that our websites may not recognize or respond to Do Not Track (DNT) headers from web browsers.
THIRD PARTY TRACKING
We also work with other companies who use tracking technologies to serve ads on our behalf across the Internet. These companies may collect information about your interaction with us, including advertising. These companies may not recognize or respond to DNT headers from web browsers. If you would like to opt-out of receiving ads tailored by 3rd party tracking technologies associated with our website. Note that if you opt-out from these third party tracking technologies, you may still see our ads at other websites, but the ads will not be tailored using third party tracking technologies associated with our website.
MODIFYING OR DELETING YOUR INFORMATION
You can modify or delete your profile within certain BILT UNLIMITED services, through your account. Your information previously posted may still be publicly viewable. BILT UNLIMITED may keep information and content in our backup files and archives.
Regardless of the settings you select, BILT UNLIMITED may send you service-related communications. To unsubscribe and stop receiving messages, please change your settings or follow the instructions in the email, text message, notification or other message type. If you have unsubscribed from any BILT UNLIMITED communications, due to production schedules, you may receive communications already in production.
For questions or concerns, please contact Consumer Services/Privacy at: 1-208-736-2458.