Terms of Service

1. Acceptance of Terms

By accessing or using TempoClub ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Platform.

These Terms apply to all users of the Platform, including registrants, event organizers, club administrators, sponsors, and visitors.

Section 14 contains a binding arbitration agreement and a class-action waiver that affect your legal rights. Please read it carefully. You may opt out of arbitration within 30 days of first accepting these Terms as described in Section 14.

2. Description of Service

TempoClub is an online platform that facilitates athletic event registration, management, and discovery. Our services include:

• Event registration and ticketing
• Event creation and management tools for organizers
• Club and community features
• Results tracking and publication
• Payment processing for event fees

3. User Accounts

3.1 Account Creation

To use certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms or for any other reason at our sole discretion. You may also delete your account at any time through your account settings.

3.4 Age Requirement

You must be at least 13 years old (or, if you are in the European Economic Area, the United Kingdom, or Switzerland, at least 16 or the applicable lower age set by your member state under Article 8(1) GDPR) to create an account. Users under 18 must have a parent or guardian's consent to use the Platform and to register for events. By creating an account, you represent that you meet this requirement.

4. User Responsibilities and Acceptable Use

4.1 General Responsibilities

As a user of the Platform, you agree to:

• Provide accurate and truthful information
• Comply with all applicable laws and regulations
• Respect the rights and privacy of other users
• Not engage in fraudulent or deceptive activities
• Not interfere with the proper functioning of the Platform
• Not use the Platform for any illegal or unauthorized purpose

4.2 Acceptable Use Policy

You agree that you will not, and will not permit anyone acting on your behalf to:

• Post, upload, or transmit content that is illegal, defamatory, harassing, threatening, hateful, discriminatory, obscene, pornographic, or otherwise objectionable
• Harass, stalk, threaten, intimidate, or defraud any other user, organizer, or third party
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Send unsolicited commercial communications, spam, chain letters, or similar bulk messaging through the Platform
• Infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any third party
• Upload or transmit viruses, worms, malware, or any other malicious code, or otherwise attempt to damage, disable, or impair the Platform
• Use any robot, spider, scraper, crawler, or other automated means to access the Platform, collect data from the Platform, or interfere with its operation, except as expressly permitted in writing by TempoClub
• Circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of content
• Reverse engineer, decompile, or attempt to derive the source code of the Platform, except to the extent such restriction is prohibited by law
• Create multiple or fake accounts, use another user's account without permission, or sell, transfer, or lend your account
• Scalp, resell, or engage in unauthorized secondary-market sale of event registrations or tickets obtained through the Platform
• Use the Platform to train, fine-tune, or otherwise develop machine learning or AI models, except as expressly permitted in writing by TempoClub

4.3 Enforcement

We may investigate and take action against violations of these Terms or our Acceptable Use Policy, including removing content, suspending or terminating accounts, restricting features, refusing refunds of service fees, and cooperating with law enforcement. We are not obligated to monitor user content but may do so at our discretion.

5. Event Registration and Participation

5.1 Registration

When you register for an event through the Platform, you enter into an agreement with the event organizer. TempoClub facilitates this registration but is not a party to the agreement between you and the organizer.

5.2 Waivers and Releases

Many events require participants to sign waivers or liability releases. By registering for such events, you acknowledge and accept the terms of any required waivers.

5.3 Assumption of Risk

Athletic events involve inherent risks. By registering for and participating in events, you acknowledge and assume all risks associated with participation.

5.4 Platform Role

TempoClub is a platform provider, not an event organizer. We do not supervise events, vet participants, train guides, or inspect routes, courses, or venues. Event organizers are solely responsible for the planning, safety, conduct, permitting, insurance, and execution of their events. Any dispute regarding a specific event — including cancellation, refunds under the organizer's policy, injury, property damage, or conduct during the event — is strictly between you and the event organizer, except to the extent caused by our own gross negligence or intentional misconduct.

6. Payment and Refund Policies

6.1 Fees

Event registration fees are set by event organizers. TempoClub may charge a service fee for processing registrations. All fees are displayed before you complete your registration.

6.2 Payment Processing

Payments are processed through our third-party payment processor (Stripe). By making a payment, you agree to their terms of service.

6.3 Refunds

Refund policies are determined by individual event organizers. Please review the refund policy for each event before registering. TempoClub service fees may be non-refundable.

6.4 Chargebacks

If you initiate a chargeback for a legitimate registration, we reserve the right to suspend your account and pursue collection of any amounts owed.

7. Event Organizer Terms

7.1 Organizer Responsibilities

Event organizers using the Platform agree to:

• Provide accurate event information
• Honor their stated refund policies
• Comply with all applicable laws and regulations
• Maintain appropriate insurance coverage
• Protect participant data and privacy

7.2 Platform Fees

Organizers agree to pay TempoClub's platform fees as specified in their organizer agreement. Fees may be deducted from registration proceeds before payout.

8. Intellectual Property

8.1 Platform Content

The Platform and its original content, features, and functionality are owned by TempoClub and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Your Content and License to TempoClub

You retain ownership of content you submit to the Platform ("User Content"), including event descriptions, photos, results, profile information, and messages. By submitting User Content to the Platform, you grant TempoClub a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, cache, reproduce, modify (for technical purposes such as resizing, transcoding, formatting, and indexing), create derivative works of (for technical and operational purposes), publicly display, publicly perform, and distribute your User Content, solely for the purpose of operating, providing, improving, securing, and promoting the Platform and our related services. This license includes the right to grant sublicenses to our subprocessors, service providers, and content distribution networks as necessary to deliver the Platform. This license continues for as long as is reasonably necessary for the purposes above, and survives termination with respect to copies already distributed, archived, or required for our legal obligations.

8.3 Your Representations

You represent and warrant that you own or have all necessary rights, licenses, and consents to submit your User Content and to grant the license above, and that your User Content does not infringe the rights of any third party.

8.4 Feedback

If you send us feedback, suggestions, or ideas about the Platform, you grant TempoClub a perpetual, irrevocable, royalty-free, worldwide license to use them without restriction or obligation to you.

9. Copyright Complaints (DMCA)

TempoClub respects the intellectual property rights of others and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512).

9.1 Notice of Alleged Infringement

If you believe that content on the Platform infringes your copyright, send a written notice to our designated agent that includes:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing and information reasonably sufficient to locate it on the Platform (such as the URL)
• Your contact information (address, telephone number, email)
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

9.2 Designated Agent

Send notices to our designated agent at [email protected].

9.3 Counter-Notice

If your content was removed and you believe it was removed in error or misidentification, you may submit a counter-notice containing the elements required by 17 U.S.C. § 512(g).

9.4 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TempoClub SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO TempoClub IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

TempoClub is not responsible for the actions, content, or policies of event organizers or other third parties. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Indemnification

You agree to indemnify, defend, and hold harmless TempoClub and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms or the Acceptable Use Policy; (d) your violation of any rights of a third party; or (e) your participation in, organization of, or conduct at any event.

13. Force Majeure

TempoClub shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, severe weather, pandemic, epidemic, war, terrorism, civil unrest, riots, strikes or other labor disputes, governmental actions or orders, failures of third-party infrastructure (including hosting, payment, or communications providers), cyberattacks, or unavailability of utilities or the internet. Affected obligations will be suspended for the duration of the event, and applicable timeframes will be extended accordingly.

14. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Please read this section carefully. It requires most disputes to be resolved through binding individual arbitration and waives your right to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms as described in Section 14.6.

14.1 Informal Resolution

Before initiating arbitration, you agree to first contact us at [email protected] and provide a written description of the dispute, the relief you seek, and your contact information. We will attempt to resolve the dispute informally for at least 30 days after receiving your notice.

14.2 Agreement to Arbitrate

If the dispute is not resolved informally, you and TempoClub agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the relationship between you and TempoClub (a "Dispute") shall be resolved exclusively by final and binding individual arbitration, rather than in court, except as provided in Section 14.5. This agreement to arbitrate is governed by the Federal Arbitration Act.

14.3 Arbitration Rules and Forum

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The AAA rules are available at www.adr.org. The arbitration shall be conducted by a single arbitrator. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Unless you and TempoClub agree otherwise, hearings may be conducted by telephone or video conference. If an in-person hearing is required, it will be held in the United States county where you reside or, at your election, in New Castle County, Delaware.

14.4 Class-Action and Jury-Trial Waiver

YOU AND TempoClub EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND TempoClub EACH WAIVE THE RIGHT TO A TRIAL BY JURY. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. If this class-action and jury-trial waiver is found unenforceable as to a particular claim or request for relief, then that claim or request shall be severed from the arbitration and brought in a court of competent jurisdiction, but the class-action and jury-trial waiver shall remain enforceable as to all other claims.

14.5 Exceptions

Nothing in this Section 14 prevents either party from: (a) bringing an individual claim in small-claims court for disputes within the jurisdictional limits of that court; (b) seeking injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorized access to the Platform; or (c) exercising any right to seek public injunctive relief that cannot be waived under applicable law.

14.6 30-Day Right to Opt Out

You have the right to opt out of Sections 14.2, 14.3, and 14.4. To opt out, send a written notice to [email protected] within 30 days of first accepting these Terms, including your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provisions of these Terms.

14.7 Changes to This Section

If we make any material change to this Section 14 in the future, that change will not apply to any Dispute of which we had actual notice before the change.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Subject to Section 14 (Arbitration), any action not subject to arbitration shall be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you irrevocably consent to the personal jurisdiction and venue therein.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the Platform and updating the "Last updated" date. Your continued use of the Platform after changes constitutes acceptance of the modified Terms.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and TempoClub regarding the Platform and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

17.3 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms, in whole or in part, without your consent, for example in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

17.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

17.5 Survival

Sections 6.4 (Chargebacks, for amounts owed), 8 (Intellectual Property), 9 (DMCA), 10 (Limitation of Liability), 11 (Disclaimer of Warranties), 12 (Indemnification), 14 (Dispute Resolution), 15 (Governing Law), and 17 (Miscellaneous) survive termination of your account and these Terms.

17.6 Electronic Communications

You consent to receive communications from us electronically, including by email and through the Platform. Electronic communications satisfy any legal requirement that such communications be in writing.

17.7 No Third-Party Beneficiaries

These Terms are for the benefit of you and TempoClub only. They do not create any third-party beneficiary rights.

17.8 Headings

Section headings are for convenience only and have no legal effect.

18. Contact Information

The entity responsible for the Platform is:

• RJV Solutions, LLC
• Los Angeles, California, United States
• Email: [email protected]
• Contact Form