Terms and Conditions
Effective Date: as of October 1, 2022
Use of the Website
The content hosted on Uplifting Athletes sites is provided for educational and informational purposes only. Uplifting Athletes is not engaged in rendering medical advice or recommendations. This content is not a substitute for professional medical advice and treatment or a consultation with a qualified physician and other healthcare professionals regarding your individual health needs.
Individual documents specifically provided for you to download are the property of Uplifting Athletes and may be downloaded for personal, non-commercial use only. Permission to otherwise reprint, copy, electronically reproduce, or use any document on the Uplifting Athletes Sites, in part or in whole, is expressly prohibited unless prior written consent is obtained from the Uplifting Athletes. In order to obtain consent please contact the Uplifting Athletes,8 Atkinson Drive, PO Box 574, Doylestown, PA 18901. To send your request by email, go to Contact Us.
The Uplifting Athletes sites and all other content that may be found on the Uplifting Athletes websites, including text, graphics, photographs, video, or audio clips are protected by copyright and are owned by or licensed to the Uplifting Athletes and may not be copied in any manner, reprinted, modified, distributed, or otherwise exploited.
Text, graphics, illustrations, photographs, videos, images and other content that have been posted, uploaded or otherwise submitted by users of the Uplifting Athletes Sites are owned by the user and licensed to Uplifting Athletes and may not be reproduced, displayed, modified, or distributed in any way.
Using Uplifting Athletes Sites and Submitting User Materials
At certain Uplifting Athletes sites, you may upload text, photographs, videos, or other content.
When you submit any user generated content, you represent that this content is unique to you or is able to be used with permission of the copyright holder and you have received the permission of any person appearing in the photograph or video. By submitting content to the Uplifting Athletes site you grant Uplifting Athletes a non-exclusive, perpetual, royalty-free, worldwide, transferable license to copy, transmit, modify, display, and otherwise use the content in any and all media in the sole discretion of the Uplifting Athletes in support of its mission and its fundraising efforts.
By using the site to upload your content, you agree to the following rules:
- You may not upload content:
- That is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful.
- That infringe the property rights of others (including, without limitation, another person’s copyright or trademark), or violate the privacy or publicity rights of others.
- That violates any law.
- You may not use the Uplifting Athletes site:
- To conduct any activity that is illegal.
- To harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
- To advertise or sell products or services to others.
- To send unwanted email or “Spam.”
Links That Direct to Uplifting Athletes Sites
The Uplifting Athletes encourages you to appropriately link to our website. You may not frame the content of the Uplifting Athletes websites or use metatags or other “hidden text” that incorporates the Uplifting Athletes name without our prior written consent.
Links to Third Party Sites
Event or Service Waiver and Agreement
By utilizing a form found on an Uplifting Athletes website or by calling and speaking to an Uplifting Athletes representative to sign up for an Uplifting Athletes service or event, you are agreeing to our assumption of risk and complete release of liability terms which read as:
I, intending to be legally bound, understand and agree that I am voluntarily participating in a race, walk, run, lifting, workout, fundraising event, award show, or other event(s) and all related activities (the “Event”) with Uplifting Athletes, Inc. (“UAI”) at my own risk.
Assumption of Risk: I acknowledge that I am aware of the risks, both known and unknown, inherent in participating in the Event, including but not limited to: trips or falls; contact or collisions with other participants, spectators, or others; uneven surfaces; the effects of and exposure to weather and environmental conditions; and other training or Event course conditions, including the use of public streets and facilities where many hazards exist; and that I HEREBY ASSUME SUCH RISKS and accept full responsibility for these activities, and for any injury, damage, death, or other loss suffered by me resulting from the Event and/or resulting from my own negligence or misconduct. I certify that I am physically fit, have not been otherwise informed by any physician, and know of no restrictions imposed on me that would prevent me in any way from actively participating in the Event.
Release and Indemnity Agreement: In consideration of being permitted to participate in this Event, I, on behalf of myself, my successors in interest, heirs, assigns, and representatives, hereby waive all rights of subrogation and fully release, waive, discharge, indemnify, and hold harmless UAI and its subsidiary and affiliated organizations, its officers, directors, agents, employees and representatives, successors and assigns (be they individuals or organizations, singly and collectively), together with their insurers (“Releasees”), from any and all claims, liabilities, demands, suits or causes of action, which are in any way connected with my participation in the Event, including for any injury, damage, death, or other loss. THIS RELEASE OF LIABILITY IS EFFECTIVE AND VALID REGARDLESS OF WHETHER THE INJURY, DEATH, DAMAGE, OR OTHER LOSS IS A RESULT OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF RELEASEES.
Medical Authorization: I hereby grant permission to the Releasees to render preventative or first-aid assistance or seek medical care that they deem reasonably necessary for my health and well-being, including transportation to a hospital or other medical facility. I agree to assume all risks and pay all costs associated with that assistance, care, and transportation.
Code of Conduct: I agree to comply with all rules, regulations, and safety procedures during my participation in the Event and realize that my failure to do so may result in further injury and damage to myself or others for which I will be liable.
Publicity Release: I understand that my name, photograph, voice or likeness or any information contained on the Event website or UAI website may be used by UAI and/or Event organizers, their licensees, affiliates and employees in photographs, video, and other recordings. I grant full permission in perpetuity to the organizers of this Event and UAI, their representatives, successors, assigns, licensees, employee, and any person corporation or entity acting under their permission to use, re-use, reproduce, distribute, publish, and re-publish my name and image as participant in the Event in any still or moving photographic image, likeness, video, sound, or other recordings of me during the Event. I consent to and authorize, in advance, such use and expressly waive any rights of privacy and/or publicity I may have in connection therewith. To opt out of this publicity release, UAI must receive a written request to email@example.com.
I HAVE READ AND FULLY UNDERSTAND THIS WAIVER AND RELEASE AGREEMENT AND UNDERSTAND THAT I AM ASSUMING ALL THE RISKS INHERENT IN THE EVENT AND THAT I AM RELEASING ANY AND ALL CLAIMS THAT I MAY HAVE AS A RESULT OF MY PARTICIPATION IN THE EVENT.
IF I AM THE LEGAL GUARDIAN OF A PARTICIPANT, I HEREBY CONSENT TO HIS/HER PARTICIPATION. I HAVE READ THE FOREGOING AGREEMENT, AND I HEREBY AGREE ON BEHALF OF MYSELF AND PARTICIPANT TO ITS TERMS.
The Uplifting Athletes website and any content, features, or products available or sold on or through the site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability, fitness for a specific purpose, quiet enjoyment and non-infringement. The use of the Uplifting Athletes sites is entirely at your own risk.
Limitation of Liability
In no event will uplifting athletes, its directors, officers, or employees be liable for any indirect, consequential, special, incidental, or punitive damages, however caused, regardless of the theory of liability and whether or not uplifting athletes has been advised of the possibility of such damages, arising out of or relating to
- The use or inability to use uplifting athletes websites;
- Any content or products available or sold on or through the uplifting athletes sites; or
- Any third party content or materials (including user materials) or the defamatory, infringing, offensive or illegal conduct of any third party.
Certain jurisdictions do not allow the limitation of liability of incidental or consequential damages and this limitation may not apply to you.
Attorney General Mandated State Disclosure
Uplifting Athletes is a tax-exempt charity, registered with the Internal Revenue Service as a 501(c)(3) organization. You may obtain a copy of the Uplifting Athletes annual financial report by writing to Uplifting Athletes, Inc., 8 Atkinson Drive, PO Box 574, Doylestown, PA 18901 or filling out the form on the Contact Us page.
Changes to Uplifting Athletes Terms and Conditions
These Terms and Conditions are subject to change without notice and become effective upon posting. Please check the site periodically for updates.