In order to register for our Services, you represent and warrant that:
OUR SERVICES DO NOT CONSTITUTE, AND ARE NOT INTENDED TO CONSTITUTE, LEGAL ADVICE OR REPLACE FINANCIAL AUDITORS. THERE IS NO ATTORNEYCLIENT RELATIONSHIP BETWEEN YOU AND US AT ANY TIME.
Our Site and Services, including any online automated metrics and annotations, any articles or links thereof, or the documents that are generated through this Site do not constitute advertising, a solicitation, or legal advice. Our Services do not constitute legal or formal approval or audit of your specific Corporate Social Responsibility (CSR) projects and programs. The metrics we share for your projects are made available based on information provided by you as well as projects sponsored by you and your employees, and are guaranteed to be accurate, complete, or up-to-date only to the extent updated and verified by you. Note that we do not review any of your materials or the content we provide on our Site for accuracy or legal sufficiency and will not draw conclusions, provide legal advice, or provide any feedback on your particular situation and needs. Neither the availability, operation, transmission, receipt, nor use of this Site or documents or metrics on this Site is for the purpose of legal/government advice, securing legal services, retaining a lawyer, or government approval for CSR nor is intended to create, or constitute the formation of any attorney-client relationship or other special relationship or privilege. This Site, the content available on or through this Site, and the documents on this Site are not a substitute for the advice of an attorney or auditor; you should not rely on the Site or Site documents for any purposes without seeking legal advice from a licensed lawyer in the relevant jurisdiction. Any information you provide to us is not protected by attorney-client privilege or as work product. You are and will be representing yourself in any matter you engage in while using our Services.
We do not intend to advertise to or otherwise solicit customers in jurisdictions where our Services are not permitted by law and the Site and documents generated on this Site do not constitute any such advertisement or solicitation. You should determine whether or not use of our Site or Services is lawful in your particular jurisdiction prior to using our Site or Services.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. If you are an individual user, you also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Some Services are also subject to additional terms below (the “Additional Terms”). New Additional Terms may be added from time to time.
You agree to cooperate with SuperHuman Race in causing any of the prohibited activities set forth in this section to immediately to cease.
If you subscribe to a Service on this Site that requires payment of a fee, you agree to pay all associated fees as required by the Service. Unless otherwise agreed to in writing, we will bill your credit card, expect a wire transfer or a cheque for all charges for Services on this Site. You agree to provide us with accurate and complete billing information as required for us to process the fee, including, for example, valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 5 business days of the change.
You may cancel your account at any time; however, there are no refunds for cancellation or for any prepaid fees. If, for any reason, your credit card company refuses to pay the amount billed for the Service, you agree that we may, at our sole option, suspend or terminate your access to the Service and require you to pay the overdue amount immediately by other means acceptable to us. In the event that legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
SuperHuman Race agrees that it has no rights to the data, documents, information or material that you submit in the course of using the Site and Services ("Submitted Material"). When submitting data, you, and not SuperHuman Race, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Submitted Material. SuperHuman Race shall not be responsible to you or any third party for liable for the deletion, correction, destruction, damage, loss, or failure to store any Submitted Material. By using the Services, each user represents and warrants to SuperHuman Race that it has the legal right to submit the Submitted Material. You agree to indemnify, defend and hold SuperHuman Race harmless from any liability caused by your submission of Submitted Material in violation of a third party’s copyright or other rights of ownership. SuperHuman Race reserves the right to withhold, remove and/or discard Submitted Material without notice for any breach, including without limitation, non-payment of fees. In addition, SuperHuman Race reserves the right to withhold, remove and/or discard any Submitted Material submitted to SuperHuman Race, which, in SuperHuman Race’s sole opinion, is harmful, offensive, or otherwise in violation of SuperHuman Race’s internal policies for publishable material. Any Submitted Material may be deleted, altered, moved, or transferred by us at any time for any reason in our sole discretion, with or without notice and with no liability of any kind. SuperHuman Race does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on our servers running the Services. SuperHuman Race does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any Submitted Material residing on our servers.
WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY DATA SUBMITTED TO US OR ANY CONTENT WILL BE RETAINED FOR ANY PARTICULAR PERIOD OF TIME, AND YOU AGREE TO MAINTAIN ON YOUR SERVERS DUPLICATE COPIES OF ALL SUBMITTED MATERIAL AND DOCUMENTS YOU PURCHASE FROM OUR SITE.
We may retain and use your Submitted Material as necessary to provide our Services to you, comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, and upon your account termination, we will remove your Submitted Material as quickly as possible upon request. Please note, however, that there may be some delays or latency in deleting any Submitted Material and that there may exist some residual data (like general use data) or backed-up versions. We are unable to delete any Submitted Material from third-party servers or from accounts that you may share with other licensees of our Service.
The Site and Services may need updating from time to time. These updates may temporarily disrupt use of the Site or Services and are designed to improve, enhance, and further develop the Site or Services and may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.
This Site may contain offers by third-parties and links to other third-party sites, which are not maintained by, or related to, us. Links to such sites are provided by content creators as a service to users and are not sponsored by or affiliated with this Site or us. SuperHuman Race has not reviewed all of such sites and is not responsible for the content of those sites. Third-parties that advertise on SuperHuman Race are responsible for creating their own offers to you and SuperHuman Race is not responsible for the advertised content or any representations and warranties that are contained on the ads or on the third-party sites. Links are to be used and third-party sites accessed at the user’s own risk, and SuperHuman Race makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to this Site.
We may enable you to use third-party services on our Site. For example, if you select a project or event created by third parties on our Site to make a donation or participate in an event, upon payment, your donation certificate will be delivered to such third-party service provider, who will then file the certificate with the appropriate state office and return a stamped copy to you. Any ongoing fees for making transactions will be billed to you directly by us and you are responsible for payment of those fees directly to us. The services provided by any third parties are governed by their respective terms of service and policies and we disclaim any and all liability for third-party acts or omissions.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to Content, usergenerated content, queries, or other information. The manner, mode, and extent of advertising by or permitted by us on the Site are subject to change without specific notice to you. In consideration for our granting you access to and use of the Site and Services, you agree that we may place such advertising on the Site or Services.
The Site may provide you with the ability to contact us through email addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available to assist you in limiting access to material that is harmful to minors. KidsWatch, AVG Family Safety, Safe Eyes, Netgear Live Parental Controls, NETBLOX, and ZoneAlarm SocialGuard are examples of these tools, though we are not affiliated with nor do we endorse any of them.
SuperHuman Race is registered in the state of Maharashtra in India. We make no claims that the Site or any of its Content is accessible or appropriate outside of India. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside India, you do so on your own initiative and are responsible for compliance with local laws and regulations, including, but not limited to, export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
You understand that SuperHuman Race cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction or backups of any lost data. SuperHuman Race does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SUPERHUMAN RACE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SUPERHUMAN RACE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUPERHUMAN RACE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SUPERHUMAN RACE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SUPERHUMAN RACE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SUPERHUMAN RACE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and SuperHuman Race does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer accurate or complete.
SUPERHUMAN RACE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SUPERHUMAN RACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SUPERHUMAN RACE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF FEES PAID OR PAYABLE TO US FOR THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password. SuperHuman Race will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that SuperHuman Race considers insecure, SuperHuman Race will be entitled to require the password to be changed and/or suspend or terminate your account.
YOU SHOULD READ THIS ARBITRATION SECTION VERY CAREFULLY SINCE IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS TO INITIATE A LAWSUIT.
If you have any concerns about our Site or Services, please contact us at firstname.lastname@example.org so that we may help you to reach a resolution. We will always try to settle any concerns or disputes in a timely manner and you agree to first contact us directly so that we may reach a resolution in good faith, which shall be a condition to either you or SuperHuman Race initiating a lawsuit or arbitration. If we are unable to reach a resolution within 30 days of your initial inquiry, then either you or SuperHuman Race may initiate binding arbitration as the sole means to resolve claims, subject to the terms below.
Further, unless both you and SuperHuman Race agree otherwise, the arbitrator may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
You have a right to opt-out of this arbitration and class-action waiver in this section by sending written notice of your decision to opt-out to the following address: SuperHuman Race, Plot No. 24, Road No. 04, Sector 01, New Panvel, Mumai 410206, Maharashtra, India. This notice must be received within thirty (30) days of your first use of our Site. Note that if you opt out of this provision, SuperHuman Race will also not be bound by these terms. We will provide you with sixty (60) days prior notice of any changes to this section. Any such changes will only be effective on the sixtieth day and apply to prospective (not former) claims arising after the sixtieth day.
In addition to any excuse provided by applicable law, SuperHuman Race shall be excused from liability for non-delivery or delay in delivery or availability of Services available through our Site arising from any event beyond SuperHuman Race’s reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond SuperHuman Race’s reasonable control, whether or not similar to those which are enumerated above.