Fantasy Tri (fantasytri.com) General Disclaimers

1. This site is not in any way affiliated with, endorsed or licensed by Ironman and the World Triathlon Corporation, XTERRA and Team Unlimited, ITU and the International Triathlon Union and all other races and race companies listed within Fantasy Tri.com.

2. All game fees charged are based on supplying members with the true look and feel of owning and operating a professional triathlon team. These games are a skill contest designed to increase consumer awareness of and interest in professional triathlon racing. Fantasy Tri.com rewards the members who are most skilled in selecting and managing a team.

Terms of Use Agreement

Read These Terms of Use Agreement Before Accessing Website.

Effective Date:  This Terms of Use Agreement was last updated on September 18, 2009.

This Terms of Use Agreement sets forth the standards of use of the Fantasy Tri, LLC Online Service for Registered Members. By using the Fantasytri.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at Fantasytri.com website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1.    Description of Service

Fantasy Tri, LLC is providing Member with online services. Member must provide (1)  all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

2.    Disclaimer of Warranties.

The site is provided by Fantasy Tri, LLC on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, Fantasy Tri, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  Fantasy Tri, LLC shall have no liability for any interruptions in the use of this Website.  Fantasy Tri, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

3.    Limitation of Liability

FANTASY TRI, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FANTASY TRI, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER  SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FANTASY TRI, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4.    Indemnification

Member agrees to indemnify and hold Fantasy Tri, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5.    Members Account

All Members of the Service shall receive a password and an account.  Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Fantasy Tri, LLC of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Fantasy Tri, LLC.

6.    Modifications and Interruption to Service

Fantasy Tri, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Fantasy Tri, LLC shall not be liable to Member or any third party should Fantasy Tri, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Fantasy Tri, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7.    Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

8.    Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While Fantasy Tri, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Fantasy Tri, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9.    Governing Jurisdiction of the Courts - Arizona

Our website is operated and provided in the State of Arizona.  As such, we are subject to the laws of the State Arizona, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Arizona.

10. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Fantasytri.com, will all rights reserved, or is the property of Fantasy Tri, LLC and/or third parties protected by intellectual property rights.    Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Fantasy Tri, LLC is strictly prohibited.  Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Fantasy Tri, LLC.

 All trademarks displayed on Fantasy Tri, LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Fantasy Tri, LLC.

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Fantasytri.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:

Fantasy Tri, LLC

3849 E Broadway Blvd. #122

Tucson, AZ  85716

By Telephone:

520.275.8858

By Email: Management (at) fantasytri.com

13. Botnets

Fantasy Tri, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Fantasy Tri, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

14. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Fantasy Tri, LLC , in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.  Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Fantasy Tri, LLC Website Privacy Statement

This document was last updated on September 18, 2009

1. Acknowledgment and acceptance of terms

Fantasy Tri, LLC is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website.   By accessing Fantasytri.com, you acknowledge and fully understand Fantasy Tri, LLC’s Privacy Statement and freely consent to the information collection and use practices described in this Website Privacy Statement.

2. Participating Merchant Policies

Related services and offerings with links from this website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in Fantasy Tri, LLC services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy.  However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites.  We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.

3. Information We Collect and How We Use It

Fantasy Tri, LLC collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with Cookies.

a.       Web Server Logs.

When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:

·         Your Internet protocol address.

·         The kind of browser or computer you use.

·         Number of links you click within the site.

·         State or country from which you accessed the site.

·         Date and time of your visit.

·         Name of your Internet service provider.

·         Web page you linked to our site from.

·         Pages you viewed on the site.

b. Use of Cookies

Fantasy Tri, LLC may use cookies to personalize or enhance your user experience.  A cookie is a small text file that is placed on your hard disk by a Web page server.  Cookies cannot be used to run programs or deliver viruses to your computer.  Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you.

 One of the primary purposes of cookies is to provide a convenience feature to save you time.  For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits.  Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality..

Fantasy Tri, LLC reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into [Fantasy Tri, LLC].com a site that relies on third-party cookies).

You have the ability to accept or decline cookies.  Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.

Personal Information Users

Visitors to our website can register to purchase services.  When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information.  If you are purchasing a service, we will request financial information.  Any financial information we collect is used only to bill you for the services you purchased.  If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.

We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:

To fulfill your service requests for services.

To protect ourselves from liability,

To respond to legal process or comply with law, or

In connection with a merger, acquisition, or liquidation of the company.

4. Use of Web Beacons or GIF files

Fantasytri.com Web pages may contain electronic images known as Web beacons – sometimes also called single-pixel gifs – that allow Fantasy Tri, LLC to count users who have visited those pages and to deliver co-branded services.  Fantasy Tri, LLC may include Web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.

Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications.  These Web beacons may be used by these service providers to place a persistent cookie on your computer.  This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our website and how you use the site.  Fantasy Tri, LLC prohibits Web beacons from being used to collect or access your personal information.

5. Accessing Web Account Information

We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current.  You may review this information by contacting us by sending an email to our support attendant – support at fantasytri.com.

6. Changes to this Statement

Fantasy Tri, LLC has the discretion to occasionally update this privacy statement.  When we do, we will also revise the “updated” date at the top of this Privacy page.  We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect.  Your continued use of the service constitutes your agreement to this privacy statement and any updates.

7. Contacting Us

If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us. Management (at) fantasytri.com or send your comments to:

Fantasy Tri, LLC

Attention:  Privacy Statement Personnel

3849 E Broadway Blvd.  #122

Tucson, AZ  85716

Fantasy Tri, LLC will use commercially reasonable efforts to promptly respond and resolve any problem or question.

Fantasy Tri (fantasytri.com) Gamepley Disclaimers

All participants agree to abide by the terms of these Official Rules and the Legal Disclaimers below, and by the decisions of Fantasy Tri, LLC, which are final and binding on all matters pertaining to the contest.

Effective Date:  This Terms of Use Agreement was last updated on September 18, 2009.

1. General Conditions

By entering, each entrant accepts and agrees to be bound by these rules and by the decisions of Fantasy Tri, LLC, which shall be final and binding in all respects. Further, each entrant also acknowledges and agrees to the rules set forth throughout this Rules Page. Taxes, if any, are the sole responsibility of the prize winners. No substitution or transfer of prizes permitted except by Fantasy Tri, LLC. Fantasy Tri, LLC reserves the right to substitute a prize for one of equal or greater value in the event that an advertised prize is unavailable.

There will be no refunds for paid entry in Contest.

Entrants agree to Fantasy Tri, LLC’s use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.

All federal, state, local, and provincial laws and regulations apply.

Subject to each of the Rules listed within, we welcome Users who are 18 years of age or older. If you are a minor, your parent or guardian must accept and bear full responsibility and liability for all your actions when you use the Web Site.

Fantasy Tri, LLC is not responsible for lost, late or misdirected on-line entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a contestant, equipment, or technical malfunction or for any human error, technical error or malfunctions. Fantasy Tri, LLC reserves the right to halt or modify the Contest at any time during the Contest period if events beyond their control compromise the Contest's fairness or integrity. In the event that a scheduled race is canceled or preempted for any reason, no points will be awarded for that game for players on the affected athletes.

Fantasy Tri, LLC is not responsible for typographical or other human or technical errors in the offer or administration of this Contest, including but not limited to errors in advertising, the Official Rules, the selection and announcement of the Prize Winner(s) or the distribution of a Prize(s). Fantasy Tri, LLC, in its sole discretion, may disqualify any entrant from participating in the Contest, refuse to award points or Prize(s), and require the return of a Prize(s), if entrant engages in any conduct Fantasy Tri, LLC deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Contest registration or prize claim(s), violating any term or condition stated herein, accumulating points or prizes through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant's personal information for the purpose of accumulating points or Prize(s), tampering with Fantasy Tri, LLC’s administration of this promotion, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this Web site. Entrant further acknowledges that the forfeiture of any Prize(s) and/or return of the Prize(s) shall in no way prevent Fantasy Tri, LLC from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.

Fantasy Tri, LLC reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. This Contest is not in any way affiliated with, endorsed or licensed by Ironman and the World Triathlon Corporation, XTERRA and Team Unlimited, ITU and the International Triathlon Union and all other races and race companies listed within Fantasytri.com. These games are a skill contest designed to increase consumer awareness of and interest in professional triathlon racing and the Fantasy Tri, LLC Service.

This Contest may not be used for any form of gambling.

2. Internet

If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Fantasy Tri, LLC which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Fantasy Tri, LLC reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In such event, Fantasy Tri, LLC further reserves the right to award Prize(s) to the eligible players with the most points as of the termination date.

Fantasy Tri, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. Fantasy Tri, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest.

3. Lost or Corrupted Entries

The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.