Dream Team Compete Terms of Use

Effective Date: August __, 2023

Welcome to Dream Team Compete, operated by CoDuck LLC (“CoDuck,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the mobile or web-based application (the “App”), including any content, functionality, and services offered on or through the App (collectively with the App, the “Services”).

YOU, THE USER, (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS OF USE; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR APP AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THESE TERMS OF USE APPLY WHENEVER YOU ACCESS OR USE THE SERVICES.

This App is offered and available to users who are 18 years of age or older, and reside in the US or any of its territories or possessions. By using the App, you represent and warrant that you are of legal age to form a binding contract with CoDuck and meet all of the foregoing eligibility requirements.

THESE TERMS OF USE TAKE EFFECT WHEN YOU INSTALL THE APP OR BY ACCESSING OR USING THE SERVICES.

IF YOU DO NOT MEET THESE REQUIREMENTS OR IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES. DO NOT CLICK “ACCEPT,” AND DO NOT CONCLUDE THESE TERMS OF USE, AND DO NOT USE VIEW, DOWNLOAD, OR OTHERWISE USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE APP OR THE SERVICES.

• Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter.

Your continued use of the App following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

• Accessing the App and Account Security
• We reserve the right to withdraw or amend this App, and any Services or material we provide on the App, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users.
• You are responsible for both:
• Making all arrangements necessary for you to have access to the App.
• Ensuring that all persons who access the App through your internet connection are aware of these Terms of Use and comply with them.
• To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with this App or otherwise, including, but not limited to, through the use of any interactive features on the App, is governed by our Privacy Policy [Confirm Privacy Policy URL], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
• If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures (the “User Credentials”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your User Credentials.
• By enrolling in the Services and accessing it using your User Credentials, and any other security and identification methods as we may require from time to time, such as security questions, you acknowledge and agree that this system includes security procedures that are commercially reasonable. You further agree to comply with any CoDuck procedures and processes to obtain any User Credentials, or to further ACCESS OR USE THE SERVICES.
• We have the right to disable any user account, password, User Credentials or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
• Intellectual Property Rights
• The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by CoDuck, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
• These Terms of Use permit you to use the App, and only for personal, non-commercial use, and to access/receive the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the App, except as follows:
• Your device may temporarily store copies of such materials incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You must NOT:
• Modify copies of any materials from the App.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• Access or use the App or Services for any commercial purposes other than as set forth above.
• If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by CoDuck. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
• Trademarks

CoDuck name and all related names, logos, product and service names, designs, and slogans are trademarks of CoDuck or its affiliates or licensors. You must not use such marks without the prior written permission of CoDuck. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.

• Confidentiality

Except where disclosure is required for legal or regulatory purposes, you and CoDuck agree that all information, items, records, data and other material provided pursuant to or in connection with the Services, shall be kept in strict confidence, shall be used only for the purposes of such agreements, and shall not be disclosed by either party, or its agents, without, in each instance, the prior written consent of the other party; provided, however, that you acknowledge and agree that CoDuck may disclose your information, without your consent or review, to the extent required or permitted by law. Each party agrees to take commercially reasonable precautions to prevent the unauthorized disclosure of such information. All computer programs, manuals, materials, forms, facilities, ideas, concepts, techniques, and know-how used, prepared or developed by us, and any improvements extensions or modifications thereof, are and shall remain the exclusive property of CoDuck, and may not be used by you, your agents or others, without our prior written consent.    

• Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use and the Community Guidelines (defined below). You agree not to use the App:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the terms and conditions set out in these Terms of Use or the Community Guidelines.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate CoDuck, a CoDuck employee, another user, or any other person or entity (including, without limitation, by using email addresses, user name, or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm CoDuck or users of the App, or expose them to liability.
• To sell, lease, furnish, redistribute, retransmit, or otherwise permit or provide access to the App or Services to any other person.

Additionally, you agree not to:

• Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.
• Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
• Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the App.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
• Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the App.
• CoDuck reserves the right to request additional information from you, for reasons including, but not limited to identity verification, and fraud prevention. You must provide such additional information as requested by CoDuck, or CoDuck may terminate your use of the App.
•  You assume full responsibility regarding the truthfulness and accuracy of information provided by or through you about yourself. All information you provide about yourself must be truthful and accurate to the best of your knowledge.
• Community Guidelines

You must follow the Community Guidelines while using the App which can be found below. Violating our Community Guidelines can result in negative action against your account or content. See the Community Guidelines to learn more about how we enforce our Community Guidelines.

• User Activity Contributions
• The App contains interactive features that allow users to post, submit, upload, publish, display, or transmit to CoDuck, or other users or other persons, content or materials (collectively, “User Contributions”) on or through th
• e App.
• When you provide us with User Contributions, you hereby grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Contributions in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). You agree that this license includes the right for CoDuck to provide, promote, and improve the Services and to make User Contributions available to other companies, organizations or individuals.
• You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use and the Community Guidelines.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not CoDuck, have full responsibility 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 App.
• Monitoring and Enforcement; Termination
• We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Community Guidelines, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for CoDuck.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
• Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Use.
• Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS CODUCK AND ITS PERSONNEL, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CODUCK OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER CODUCK OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
• Changes to the App

We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

• Information About You and Your Visits to the App

All information we collect on this App is subject to our Privacy Policy [Privacy Policy URL]. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

• Links from the App

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Apps linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such Apps.

• Geographic Restrictions

We provide this App and Services for use only by persons located in the U S.  We make no claims that the App or any of its Services or content is accessible or appropriate outside of the US. Access to the App may not be legal by certain persons or in certain countries. If you use or access the App from outside the US, you do so on your own initiative and are responsible for compliance with local laws.

• Disclaimer of Warranties

You understand that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR ON ANY APP LINKED TO IT.

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CODUCK NOR ANY PERSON ASSOCIATED WITH CODUCK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER CODUCK NOR ANYONE ASSOCIATED WITH CODUCK REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, CoDuck HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

• Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CODUCK, ITS PERSONNEL, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY APPS LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

• Indemnification

You agree to defend, indemnify, and hold harmless CoDuck, its personnel, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Contributions, any use of the App’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.

• Governing Law and Jurisdiction

All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of [STATE] without giving effect to any choice or conflict of law provision or rule (whether of the State of [STATE]  or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of [STATE], in each case located in [COUNTY], although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

• Waiver and Severability

No waiver by CoDuck of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CoDuck to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

• Entire Agreement

The Terms of Use and our Privacy Policy, constitute the sole and entire agreement between you and CoDuck regarding the App and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App and Services.

• Your Comments and Concerns

This App is operated by CoDuck, having its principal place of business at [ADDRESS].

All feedback, comments, requests for technical support, and other communications relating to the App should be directed to the Contact Information section below.

• Contact Information

If you provide contact information to CoDuck, including your telephone number or email address, you hereby expressly consent to receive SMS text messages and emails from CoDuck regarding our services, subject to the terms of our Privacy Policy.

To ask questions or comment about these Terms of Use, contact us at:

info@dreamteamcompete.com

 

Community Guidelines

 

Welcome to Dream Team Compete, where we help connect the CrossFit community. By following these Community Guidelines, we can ensure that we maintain a positive environment for all participants. You should contribute content and take actions intended to build new relationships in a good faith and constructive manner. The policies in these Community Guidelines apply to all participants using the Services. 

 

• How to Report Abusive or Inappropriate Content

 

If you see something you believe may violate our Community Guidelines or other policies, please report it to us at info@dreamteamcompete.com. Please use the reporting tools responsibly and only for their intended purposes. 

 

• CoDuck Actions Against Abusive or Inappropriate Content

CoDuck may remove or take other action in its sole direction against content that violates our Community Guidelines. When we do this, we also send you a notice that your content violates our policies, how, and the action we’re taking. If you believe action taken on your account was in error, you may contact CoDuck to appeal that action.

Depending on the nature of the violation, we may limit the visibility of certain content, remove it entirely or take other action. Repeated or egregious offenses may result in account restriction or removal. For certain egregious violations of our Community Guidelines (e.g., child sexual abuse material, terrorism, extremely violent content, egregious sexual harassment), CoDuck may permanently restrict your account after a single violation.

• General Guidelines

All users of the Services must adhere to the following policies:

• Do not post or share false or misleading content. Do not post or share content in a way that you know is, or think may be, misleading or inaccurate, including misinformation or disinformation.
• Do not create a fake profile or falsify information about yourself or your company. Do not create or use fake profiles or entities. Do not post misleading or deceptive information about yourself, your business, your qualifications, work experience, affiliations, or achievements. Do not indicate that you are associated with a business or organization that you are not actually professionally associated with. Do not use or attempt to use another person’s account or create a member profile for anyone other than yourself. And do not share your account with anyone else.
• Do not scam, defraud or deceive others. Do not use the App to facilitate scams or otherwise deceive or defraud other users. Do not share malicious software that puts our users, platform, or services at risk.
• Do not threaten, incite, or promote violence. Individuals or groups that engage in or promote violence, property damage, or organized criminal activity may not use the App. 
• Do not promote, sell or attempt to purchase illegal or dangerous goods or services. Individuals or groups that promote or facilitate the purchase of illegal or dangerous goods and/or services, prostitution, or escort services may not use the App.  You may not use the App to hold lotteries, contests, sweepstakes, or giveaways.
• Do not post or share content promoting dangerous organizations or individuals. Individuals or groups that are or are associated with terrorist organizations or violent extremist groups may not use the App. Content that depicts terrorist or extremist activity, that is intended to recruit for terrorist or extremist organizations, or that threatens, promotes, or supports terrorism or extremism in any manner will not be tolerated.
• Do not share material depicting the exploitation of children:  Do not share, post, transmit, or solicit child exploitation material through or using the App. Do not use the App in any way to facilitate, encourage, or engage in the abuse or exploitation of children.
• Do not be hateful. Hate groups are not permitted to use the App. Do not post or share content that attacks, denigrates, intimidates, dehumanizes, incites or threatens hatred, violence, prejudicial or discriminatory action against individuals or groups because of their actual or perceived race, ethnicity, national origin, caste, gender, gender identity, sexual orientation, religious affiliation, age, or disability status. Do not use racial, religious, or other slurs that incite or promote hatred, or any other content intended to create division.
• Do not post harassing content. Do not use the App to engage in bullying or harassing behavior including, without limitation, targeted personal attacks, intimidation, shaming, disparagement, and abusive language directed at other members. Do not reveal others’ personal or sensitive information (aka “doxing”) or incite others to do the same. You may not engage in trolling or other repetitive negative content that disrupts other activities on the App.
• Do not spam members or the App. You may not use the App to send unsolicited, unauthorized or gratuitously repetitive commercial or promotional messages or similar content.

4884-3562-0730.1

4884-3562-0730.1