Welcome to the Challenger Center (“CC,” “we,” “us,” or “our”) website. These Terms of Use and any applicable supplemental terms and conditions, which are incorporated by reference (collectively, the “Terms“), govern your access and use of our website, located at https://www.challenger.org/, our social media pages and any interaction you may have with them, and any content, functionality, and services offered on or through the website (collectively, the “Services”) and constitute a legal agreement between you, a user of the Services (“you” or “your”), and CC.
These Terms are important, contain legal obligations and affect your legal rights, so please read them carefully before using the Services. By accessing or using the Services, you are entering into these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
We reserve the right to revise these Terms at any time in our sole discretion by posting revised Terms within the Services. Unless otherwise specified by us, all modifications shall be effective upon posting. Your continued use of the Services after the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page any time you visit the Services so you are aware of any changes, as they are binding on you.
Protecting and safeguarding any information you provide through the Services is extremely important to us. Our Privacy Notice provides information about our security and privacy practices and is available at https://www.challenger.org/privacy-policy/ (the “Privacy Notice”).
BY USING THE SERVICES, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY NOTICE.
You represent and warrant that you are at least thirteen (13) years of age, and have the right, authority, and capacity to accept and agree to these Terms. If you are under age thirteen (13) or are otherwise unable to accept and agree to these Terms, you may not use the Services. If we discover or have any reason to suspect that you are not at least thirteen (13) years of age or otherwise unable to accept and agree to these Terms, we reserve the right to suspend or terminate your access to the Services immediately and without notice. If you are accessing or using the Services on behalf of another, you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and that person or entity agrees to be responsible to us for your violation of these Terms.
CC grants you a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Services provided you accept and comply with these Terms. You may use the Services for your noncommercial personal use. Please do not use the Services for any other purpose.
Unless you receive our prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical) any portion of the Services.
If you are unable to comply with these restrictions, we may restrict your use of the Services, such as by suspending or terminating your ability to access all or part of the Services. Any unauthorized use of the Services may result in termination of all rights to use the Services and may be subject to legal action.
CC owns or licenses all the Services’ original content, materials, features and functionality (including, without limitation, text, marks, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) (the “Content”). Please be advised that the Content may be protected by copyright, trademark, or other intellectual property laws. Subject to your compliance with these Terms, CC grants you a limited, non-exclusive, non-transferable license (“Content License”) to use the Content solely for your noncommercial personal use. The Content License does not include a right to: (a) sell or resell the Content; (b) copy or reproduce the Content for any purpose other than your non-commercial personal use; (c) modify the Content; (d) remove any proprietary rights notices or markings, or otherwise make a derivative use of the Content; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use the Content other than for its intended purposes. Except for the express, limited Content License set forth in this paragraph, we reserve all other rights in and to the Content.
If you cannot comply with the limitations of the Content License, CC may revoke or terminate your Content License. Any unauthorized use, reproduction, or distribution of the Content is strictly prohibited and may result in termination of the Content License, as well as potential civil or criminal penalties.
The Services may contain message boards, forums, bulletin boards, product review pages, and other interactive features; users may also interact with us through our social media pages (e.g., engaging with our content, sending direct messages, etc.) (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “Post“) content, information, graphics, text, images and other materials (collectively, “User Contributions“) on or through the Services. You are solely responsible for all User Contributions that are uploaded, imported, posted, emailed, transmitted, shared, or otherwise disseminated by you using, or in connection with these Interactive Services.
Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. We do not claim ownership of User Contributions; however, by providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all your intellectual property and proprietary rights to make, use, reproduce, modify, perform, display, create derivative works of, distribute, license, publish, translate and otherwise disclose to third parties any such material for any purpose, including for business and marketing purposes, and to improve our products and services.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not CC, are fully responsible for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
You hereby confirm that you are legally able to consent to use the Services.
You hereby confirm and agree that all the information that you provided in or through the Services, and the information that you will provide in or through the Services in the future, is accurate, true, current and complete. Furthermore, you agree to maintain and update this information so it will continue to be accurate, current and complete.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Services’ systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the Services for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Services and your relationship with us.
If you receive any file from us, whether through the Services or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Services; (b) your violation of any of the provisions of these Terms; and (c) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of these Terms.
The Services may contain other content, products or services which are offered or provided by third parties (“Third Party Content“), links to Third Party Content (including, but not limited to, links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including, but not limited to, any related products, practices, terms, or policies, and we will not be liable for any damage or loss caused by any Third Party Content.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM OR RELATING TO THE SERVICES, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE SERVICES IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS AND THE SERVICES SHALL BE LIMITED TO FIVE DOLLARS ($5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. YOU AND CC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of these Terms.
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Services, any part of the Services or the use of the Services, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Services depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Services’ reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Services will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
We may provide notices or other communications to you regarding these Terms or any aspect of the Services, by email to the email address that we have on record, by regular mail, or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to [webmaster@challenger.org].
These Terms and our relationship with you shall both be interpreted solely in accordance with the laws of the District of Columbia excluding any rules governing choice of laws.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to these Terms or our relationship with you, regardless of theory, shall be the District of Columbia, or the state courts located in District of Columbia. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts. Nothing in these Terms, including the choice of the laws of the District of Columbia, affects your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the country in which you live.
THESE TERMS CONSTITUTE THE ENTIRE TERMS BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THESE TERMS.
We may freely transfer or assign these Terms or any of its obligations hereunder.
The paragraph headings in these Terms are solely for the sake of convenience and will not be applied in the interpretation of these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms survive.
For the avoidance of any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of these Terms.
If there are any questions or concerns regarding these Terms, please contact us using one of the following methods for assistance:
Email: webmaster@challenger.org
Postal Address:
Challenger Center
Attn: Webmaster
750 First Street NE, Suite 1050
Washington DC 20002
Telephone: 202-827-1580