Terms of Service
Welcome to Iron Podium! We are excited to help your Strongman events to run smoothly.
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using Iron Podium's Services, you agree to comply with and be bound by these Terms, as applicable to you.
IMPORTANT NOTICE: Section 8 of these Terms of Service contains a binding arbitration provision and class action waiver that may affect your legal rights. Please read Section 8 very carefully.
1. Accepting These Terms
1.1 Iron Podium, LLC features and offerings are available online through ironpodium.com and through mobile applications, webpages, application programming interfaces, and subdomains ("Applications"). They are collectively referred to as "Iron Podium" or our "Services". These Terms apply to any site on which Iron Podium events are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by Iron Podium in connection with the Services is the "Site Content" (or "Content"). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is "Your Content."
1.2 When these Terms use the term "Meet Director," we mean event creators using the Services to create events displayed on for consumers using our website to consume information about or attend Events or for any other reason. Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as "Users," "you" or "your."
When these Terms use the term "Iron Podium, LLC," "we," "us," or "our," that refers to Iron Podium, LLC and its owner. The contracting entity on the other side of these Terms is as follows:
• As are a User, you are contracting with Iron Podium, LLC a women owned small business, with its principal place of business at 612 Spirea Court, North Chesterfield, Va, 23236.
1.4 What the "Terms of Service" Means. These Terms of Service and the other documents referenced in them comprise Iron Podium's "Terms." These Terms are a legally binding agreement between you and Iron Podium governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity as well as yourself.
2. Iron Podium's Services and Role
2.1 Iron Podium's Services provide a simple and quick way for Organizers to create their Strongman events, accept Athlete registration, and manage & score the event online. More specific description of services can be found on the site.
2.2 Iron Podium is not the creator, organizer or owner of the events listed on the Services. Rather, Iron Podium provides its Services, which allow Organizers to manage registration, promote and run their events. The Organizer is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. Iron Podium also acts as the Organizer's limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Organizer.
3. Privacy and Consumer Information
3.2 If you are an Organizer, you represent, warrant and agree that you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) consumers, and you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) consumers.
4. Term; Termination
4.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or Iron Podium decides it's best to part ways, when that happens, these Terms will generally no longer apply. However, certain provisions will always remain applicable to both you and Iron Podium.
4.2 Iron Podium may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Iron Podium; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Iron Podium to legal liability. Iron Podium may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Iron Podium's sole discretion, failure to do so would materially prejudice you. You agree that Iron Podium will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
4.3 Except to the extent you have agreed otherwise in a separate written agreement between you and Iron Podium, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and Iron Podium governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
4.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
5. Release and Indemnification
You agree to cover Iron Podium if you use the Service in a way that causes Iron Podium to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.
5.1 Release. You hereby agree to release Iron Podium from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
5.2 Indemnification. You agree to defend, indemnify and hold Iron Podium and its owner, payment processing partners, and other affiliates, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) Iron Podium’s collection and remission of taxes; and (e) if you are an Organizer, your events (including where Iron Podium has provided Services with respect to those events), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of Iron Podium's gross negligence or willful misconduct. Iron Podium will provide notice to you of any such Claim, provided that the failure or delay by Iron Podium in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Iron Podium may choose to handle the Claim ourselves, in which case you agree to cooperate with Iron Podium in any way we request.
6. Disclaimer of Warranties and Assumption of Risks by You
To the extent permitted by applicable laws, the Services are provided on an "as is" and "as available" basis. Iron Podium expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Iron Podium makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that Iron Podium has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer's personal information shared with Organizers in connection with events) or the ability of any User to perform or actually complete a transaction. Iron Podium has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Iron Podium requires to provide the Services, that an Organizer chooses to assist with an event, or that you choose to contract with when using the Services.
You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
7. Limitation of Liability
7.1 To the extent permitted by applicable laws, or as otherwise set forth herein, Iron Podium and any person or entity associated with Iron Podium's provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) ("Associated Parties"), will not be liable to you or any third party, for: (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Iron Podium has been advised of the possibility of such damages); or (b) Your Content.
7.2 Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
8. IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(a) Contact Us First.
If you have a question or concern about the Services, please contact us first. We will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate.
In the unlikely event that we are unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms. This arbitration provision will survive termination of these Terms. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 9 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 9(h) below.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted as to legal disputes between you and us. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
Notwithstanding this Agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or (ii) bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court in the U.S. Patent or Trademark Office to protect its Intellectual Property Rights ("Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
(e) No Class Actions.
YOU AND IRON PODIUM, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
(f) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to Iron Podium must be addressed to the following address and must be sent by certified mail: Iron Podium, LLC 612 Spirea Court, North Chesterfield, Va 23236. Notice to you will be addressed to a mailing, home or payment address currently on record with Iron Podium and must be sent by certified mail. If Iron Podium has no records of such physical address, such notice may be delivered to your Iron Podium account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Iron Podium and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Iron Podium may commence an arbitration proceeding.
9. License to Iron Podium Services
9.2 Restrictions on Your License. Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; (c) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.
9.3 Our Intellectual Property and Copyrights. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Iron Podium may own the Site Content or portions of the Site Content may be made available to Iron Podium through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of Iron Podium and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
9.4 Trademarks. The trademarks, service marks and logos of Iron Podium used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Iron Podium. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks," and, collectively with Iron Podium Trademarks, the "Trademarks"). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Iron Podium specific for each such use. The Trademarks may not be used to disparage Iron Podium, any third party or Iron Podium's or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Iron Podium approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Iron Podium Trademark will inure to Iron Podium's benefit. A number of issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by Iron Podium and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.
10. Licenses and Permits Organizers Must Obtain
If you are an Organizer, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:
(a) You and your affiliates will obtain, prior to the start of registration, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") with respect to events hosted by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits;
(b) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances;
(c) You will only request that Iron Podium offer registration for an event after you have obtained any specific Licensures for such event, including, but not limited to, any state, county, municipal or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and (d) you and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for organizer to promote, produce, sponsor host and sell tickets for all events hosted by you or your affiliates on the Services
(d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to Iron Podium permitting you to access and use the Services, you hereby agree to release Iron Podium, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys' fees, known and unknown, arising out of or in any way connected with your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
(e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold Iron Podium, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any Claim due to or arising out of your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events on the Site and promptly upon the reasonable request of Iron Podium from time to time.
11. Fees and Refunds.
11.1 Creating an account, listing an event and accessing the Services are free. However, we charge fees to the Consumer when you have registrations. These fees are set at $3 plus 3.5% of the registration fee and listed as “Processing Fee”. Certain fees are meant to defray certain costs incurred by Iron Podium, but also include an element of profit and in some cases include an element of loss. Iron Podium does not control and thus cannot disclose fees levied by your bank and/or credit card company. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
11.2 Refunds. Because all transactions are between an Organizer and its respective attendees, Iron Podium asks that all Consumers contact the applicable Organizer of their event with any refund requests. Processing Fees are non-refundable.
12. Your Iron Podium Account
You are required to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with Iron Podium or user the Services, including the following:
• You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services. If you are 13 or older, you may only use the Services under the supervisions of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself.
• You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the "Registration Data"). You also agree to update this Registration Data if it changes.
• If there is a dispute between two or more persons or entities as to account ownership, Iron Podium will be the sole arbiter of that dispute and Iron Podium's decision (which may include termination or suspension of the account) will be final and binding on those parties.
• If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Iron Podium all permissions and licenses provided in these Terms.
• We may provide you the ability to implement certain permission within your account to third parties including, "sub-users," "sub-accounts," or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account.
• You agree to immediately notify Iron Podium of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
13. Our Event Guidelines
You agree to abide by the Iron Podium Event Guidelines whenever you use or access our Services. Please read these carefully, as they affect what types of content and conduct are permitted on and through the Iron Podium Services.
14. Your Content.
14.1 License. Iron Podium does not make any claim to Your Content. However, you are solely responsible for Your Content. You hereby grant Iron Podium a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Iron Podium's promotional and marketing services, which may include without limitation, promotion of your event on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, Iron Podium does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services.
14.2 You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms.
14.3 Additional Rules About Your Content. Your Content must be accurate and truthful. Iron Podium reserves the right to remove Your Content from the Services if Iron Podium believes in its sole discretion that it violates these Terms, our Event Guidelines, or for any other reason. Iron Podium may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Iron Podium both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Service; and/or (d) protect the rights, property and/or personal safety of Iron Podium, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
15. Rules for Use of Email Tools
15.1 Iron Podium has available features that allow you to contact your Consumers, other users of the Services, or third parties via email (“Communicate"). If you use Email feature, you represent and agree that:
(a) you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient's country of residence;
(c) you will use the Email feature in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email.
(d) you will only use the Email feature to advertise, promote and/or manage a bona fide event listed on the Services;
(e) your use of the Email feature and the content of your emails complies these Terms;
(f) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email feature;
(g) you will respond immediately and in accordance with instructions to any Consumer sent to you by Iron Podium requesting you modify such Consumer's email preferences;
(h) you will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any emails to any recipient who has unsubscribed from your mailing list.
16. If you violate any of these Email Tools rules or if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, Iron Podium may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Tools.
17. Notices to you may be sent via email or regular mail to the address in Iron Podium's records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services
18. Modifications to the Terms or Services
Iron Podium reserves the right to modify these Terms from time to time (collectively, "Modifications"). If we believe the Modifications are material, we will inform you about them by doing one of the following: posting the changes through the Services or updating the "Updated" date at the top of this page. Modifications will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. Iron Podium is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. Iron Podium reserves the right modify, replace or discontinue any part of the Services or the entire Service.
We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
20. Entire Agreement
Except as otherwise set forth herein, these Terms constitute the entire agreement between you and Iron Podium and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Iron Podium on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of Iron Podium relating to a specified event or events.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
22. Third Party Websites; Linked Accounts; Third Party Offers
The Services may provide, or Users may provide, links to other Internet websites or resources. Because Iron Podium has no control over such websites and resources, you acknowledge and agree that Iron Podium is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Iron Podium partners or third party service providers
23. Additional Miscellaneous Provisions
Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms.
Last Updated: August 14, 2019
If you have any questions or concerns at any time, please do not hesitate to contact us.
2. Our Privacy Statement.
3. Personal Data That We Collect.
When you use or interact with us through the Services, we may collect Personal Data. Sometimes this will be on our own behalf and other times this will be on behalf of an Organizer using our Services to run an event.
Information you provide to us: For all Users we collect Personal Data when you voluntarily provide such information to the Services, such as when you create an event, register for an event, or contact us with inquiries. The Personal Data we may collect includes without limitation your name, address, email address and any other information that you choose to provide and/or that enables Users to be personally identified.
When you register for the Services or otherwise submit Personal Data to us, we may associate other Non-Personal Data (including Non-Personal Data we collect from third parties) with your Personal Data. At such instance, we will treat any such combined data as your Personal Data until such time as it can no longer be associated with you or used to identify you.
In some cases, we may collect your credit card information, some of which may constitute Personal Data, to secure certain payments. While this information is collected, it is not stored internal to Iron Podium’s information system. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number).
Information you provide if you register for a paid event (e.g., your credit card number and expiration date, billing address, etc.) may constitute Personal Data. In addition, Organizers can set up event registration pages to collect virtually any information from Consumers in connection with registration for an Organizer's event. Iron Podium does not control an Organizer's registration process nor the Personal Data that they collect. When you register for, or otherwise provide information to Iron Podium in conjunction with an Organizer event or activity, whether that information is yours or a third party’s, in connection with a registration that Organizer will receive and may use the information you provide.
Information we obtain from other sources: We may also collect or receive Personal Data from third party sources, such as Organizers, other Consumers, social media or other third party integrations, your credit card issuing bank, our payment processing partners or other third parties.
4.1 Specific Reason.
If you provide Personal Data for a certain purpose, we may use the Personal Data in connection with the purpose for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
4.2 Access and Use.
If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to analyze your use of such Services or functionality. For instance, if you supply Personal Data relating to your identity or qualifications to use certain portions of the Services, we will use that information to make a decision as to granting you access to use such Services and to assess your ongoing qualification to use such Services.
4.3 Internal Business Purposes.
We may use your Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Services, to better understand our Users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.
We may use your Personal Data for our marketing and advertising purposes, including (without limitation) by email, SMS marketing, display media, and targeting other devices (such as tablets, mobile devices and televisions). We do this in order to inform you about services or events we believe might be of interest to you, develop promotional or marketing materials and display Iron Podium or event-related content and advertising on or off the Services that we believe might be of interest to you. We may also do this on behalf of an Organizer, for example where your prior interactions with an Organizer suggest you may be interested in a particular type of event.
4.5 Organizer Emails.
We allow Organizers to use our email tools to contact Consumers for their current and past events, so you may receive emails from our system that originate with such Organizers and that we send on their behalf. If you registered for an event on the Services, your email address is available to that Organizer. However, Organizers may also import the email addresses they have from external sources and send communications through the Services to those email addresses, and we will deliver those communications to those email addresses on the Organizer's behalf. The Organizer and not Iron Podium is responsible for sending these emails.
4.6 Other Purposes.
6. Facebook, Social Media and Other Third Party Connections.
b. “Liking” or “Following” Iron Podium on Social Media. In addition, when you “like” or “follow” us on Facebook, Instagram, Twitter or other social media sites (to the extent we provide that capability), we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us.
c. Facebook Plug-Ins and Links on Our Pages. Iron Podium’s own website may contain links to Facebook as well, such as through the Facebook “Like” or “Share” button or other social plug-ins. When you interact with these features and links, your browser will establish a direct link with the Facebook servers, and Facebook will receive information about your browser and activity, and may link it to your Facebook user account. For more information about how Facebook uses data, please see Facebook’s own policies.
7. Legal Requirements.
We may disclose your Personal Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the personal safety of Users of the Services or the public, or (e) protect against legal liability.
7. How We Store Your Personal Data.
8. How You Can Access, Update, Correct or Delete Your Personal Data.
If you are a registered User, you can exercise these rights by signing in and visiting the Account page.
9. How Long We Retain Your Personal Data.
We may retain your Personal Data as long as you are registered to use the Services. You may close your account by contacting us. However, we may retain Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
10. Your Option to Limit the Personal Data You Provide.
You can browse the Events and View Scoreboards without providing any Personal Data (other than Automatic Data to the extent it is considered Personal Data under applicable laws) or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to register for an event as a Consumer, your name and email address will be required by the Organizer.
12. Children - Children's Online Privacy Protection Act.
Last Updated: August 14, 2019