These Terms of Use form a legal agreement between the accountholder (“You”) and Conditor, Inc. (“Conditor”).
1. LICENSE TO USE PROGRAM; RESTRICTIONS
Conditor hereby grants You a non-exclusive, non-transferable, revocable license to view and use Urban Sleuth "the Software" in accordance with this Agreement and any guidelines or policies posted on the Software. Conditor reserves the right to suspend or revoke, in its sole discretion, the license hereunder and to prevent You from accessing all or any portion of the Software with or without notice or reason and without liability on the part of Conditor.
2. TRADEMARKS
Urban Interactive and Conditor are trademarks of Conditor, Inc. All rights reserved. Software Content Copyright Conditor, Inc. 2004-2009. All rights reserved.
3. LIMITATION OF DAMAGES
Treasure hunts, scavenger hunts, and other outdoor activities involve risk to both property and person. Always exercise common sense and caution. Look both ways before crossing the street! Watch out for potholes! Never enter an area that you feel is unsafe! None of our actors or staff members will ever threaten you or touch you! If you believe a part of the game to be unsafe or are confused as to what is part of the game, please call 800-930-7517. AS PART OF THE CONSIDERATION FOR MY PARTICIPATING IN THE TREASURE HUNT ( “Urban Interactive”), I HEREBY RELEASE, HOLD HARMLESS, AND FOREVER DISCHARGE CONDITOR TECHNOLOGIES, INC. (“CONDITOR”) AND ITS EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR SUSTAINED BY ME OR TO ANY PROPERTY BELONGING TO ME WHILE I AM PARTICIPATING IN URBAN INTERACTIV EVENTS OR ANY CONTENT DOWNLOADED ON THE URBAN SLEUTH SOFTWARE.
I acknowledge that I have voluntarily elected to participate in Urban Interactive and Urban Sleuth, and I further acknowledge that I have been provided with information about Urban Interactive and Urban Sleuth and that I have read and understand such information. I acknowledge that participation in Urban Interactive and Urban Sleuth can involve risk of injury and/or illness to myself and/or damage to my property. I understand that, due to the nature of Urban Interactive and Urban Sleuth, such risks cannot be eliminated. I further understand that I will be responsible for my own health and safety during the Urban Interactive events and use of Urban Sleuth and that Conditor assumes no such responsibility.
WITHOUT LIMITATION ON ANY OF THE FOREGOING, I VOLUNTARILY ACCEPT ALL RISK OF PERSONAL INJURY, ILLNESS, DEATH AND PROPERTY DAMAGE RESULTING FROM MY PARTICIPATION IN URBAN INTERACTIVE AND URBAN SLEUTH. IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN URBAN INTERACTIVE AND URBAN SLEUTH, I, ON BEHALF OF MY FAMILY, HEIRS, AND PERSONAL REPRESENTATIVE(S), AGREE TO ASSUME ALL THE RISKS AND RESPONSIBILITIES OF MY PARTICIPATION IN URBAN INTERACTIVE, INCLUDING TRANSPORTATION AND ANY ACTIVITIES INCIDENT THERETO, AND I HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE CONDITOR AND ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “RELEASEES”), WITH RESPECT TO ANY AND ALL LIABILITY FOR ANY HARM, INJURY, DAMAGE, COST OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY INCUR TO MY PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OR CARELESSNESS OF THE RELEASEES OR OTHERWISE, WHILE PARTICIPATING IN ANY ACTIVITIES ASSOCIATED WITH URBAN INTERACTIV AND URBAN SLEUTH.
I understand that this Release is for the benefit of Conditor and its agents, employees, assignees and related entities only. Other third parties are not released hereunder from liability for their acts and omissions.
4. NO WARRANTIES
Neither Conditor, nor any successor, predecessor, agent, officer, or employee of Conditor, warrants the accuracy, reliability, or timeliness of any information or Conditor published to or otherwise accessible via the Software (“Software Information”). Conditor will not be liable for any damage or loss caused by Your reliance on the accuracy, reliability, or timeliness of Software Information. Because of the number of possible sources of information available through the Software, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, or inaccuracies in the Software Information. The Software Information may include facts, views, opinions, and recommendations of individuals and organizations. Conditor does not endorse, assert, or guarantee the truthfulness or reliability of any such facts, views, opinions, or recommendations, nor any statements made by persons other than authorized Conditor spokespersons, including, without limitation, information contained in the forum areas of the Software.
THE SITE, INCLUDING WITHOUT LIMITATION THE SITE INFORMATION AND ALL OTHER CONTENT PROVIDED ON THE SITE, ARE PROVIDED TO YOU “AS IS”, AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE SITE, THE SITE INFORMATION AND THE RESULTS AND PERFORMANCE OF THE SITE. GROUNDSPEAK HEREBY DISCLAIMS ALL WARRANTIES, DUTIES OR CONDITIONS (IF ANY), WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE OR ANY CONTENT PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. GROUNDSPEAK GIVES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, AGAINST INFRINGEMENT, OR AS TO TITLE, OR THAT INFORMATION PROVIDED ON THE SITE, THE SITE ITSELF, OR GROUNDSPEAK’S EFFORTS, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. FURTHERMORE, GROUNDSPEAK GIVES NO WARRANTIES AS TO THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; FUNCTIONALITY; TIMELINESS OF SERVICES; ACCURACY OR CURRENCY OF CONTENT; LACK OF VIRUSES; OR ANY OTHER WARRANTY.
5. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Conditor and its employees, agents, successors, officers and assigns, and affiliates from any and all suits, losses, claims, demands, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) that Conditor may sustain or incur, arising from or out of any actual or alleged breach of this Agreement on your part.
6. APPLICABLE LAW
This Release shall be interpreted under and governed by the laws of The Commonwealth of Massachusetts. I agree that should any provision or aspect of this Release be found to be unenforceable, all remaining provisions of the Release will remain in full force and effect. I agree that should there be any dispute arising from our related to my participation in Urban Interactive that would require the adjudication of a court of law, venue will lie in Suffolk County, Massachusetts, and the cause of action will be determined by the laws of The Commonwealth of Massachusetts.
7. ATTORNEY’S FEES
In any formal action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, Conditor will be entitled to recover its costs, including reasonable attorneys’ fees.
8. AMENDMENTS
Conditor reserves the right to revise the terms of this Agreement at any time and from time to time. Each time You use the Software, You are bound by the version of this Agreement that is in effect and posted on the Software at the time of Your use.
9. SEVERABILITY
If any provision of this Agreement shall for any reason by held illegal, invalid or unenforceable, such provision shall be deemed separable from the remaining provisions of this Agreement and shall in no way impair the validity or enforceability of the remaining provisions of this Agreement.
I HAVE CAREFULLY READ THIS RELEASE, AND I FULLY UNDERSTAND ITS CONTENTS.