Terms of Service ("Terms")

Please read these Terms of Service ("Terms") carefully before accessing the information available on https://gnarly.events (the “Site”) operated by Negative Split Running, LLC. (“NSR”, "us", "we", or "our"), and before using the services, features and functionality made available by NSR via the Site (collectively with the Site, the "Services").

Access to the Site and use of the Services is conditioned upon your acceptance of, and compliance with, these Terms. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Services, and you must immediately cease accessing and/or using the Services.

Services

The Services offered by NSR allow you to, among other things, create online sign up forms to help you (the “Creator”) organize events and coordinate groups of people participating in those events. After creating an online sign up form for a particular event, the Creator can invite participants (each, a “Participant”) to sign up for such event using the online sign up form created by the Creator.

In order to use the Services to create a sign up form, the Creator must register on the Site by providing us with certain requested information, such as name and email address, and establishing a password. Creating an account on the Site is optional for Participants. Creators and Participants who choose to create an account may also choose to provide other optional information, such as a photo, address, and phone number.

All Creators and Participants agree to subscribe to the newsletters, marketing or promotional materials, and any other information NSR may send. You can unsubscribe from communications that are not specifically related to sign ups you are connected to by clicking on the “Unsubscribe” link or by following the instructions provided in those communications. If you do not wish to receive any communications from NSR, you may contact us, and our team will delete you from our system.

Collecting Payments

The Services may allow you, as a Creator, to activate a feature to collect payments from Participants for sign up items or donations (the “Payments Service”). NSR offers payments through third party payment processors, such as Square.

The Square Terms of Service are available here: https://squareup.com/us/en/legal/general/ua and the Privacy Policy is available here: https://squareup.com/us/en/legal/general/privacy. If you use the Square payment service, you agree to the Square Terms of Service and Privacy Policy for the country in which you are located. If you have questions regarding the Square Terms of Service or Privacy Policy, please refer to the Square website (https://squareup.com/).

By activating the Payments Service as a Creator, or using the Payments Service as a Participant, you understand and agree to the following:

(a) NSR initiates the payment processing requests for funds through a third party service on your behalf.
(b) As the Creator, you are solely responsible for the management and distribution of funds received by those who initiate payments through your sign up(s). NSR shall not be held liable for any mismanagement of funds collected on sign ups.
(c) You acknowledge and agree that you have reviewed and understand the fees charged for payment collection using the Payments Service.
(d) If your payments are processed through Square, the processing fees are either added to the cost of the goods and/or services the Creator set in the sign up at the time of purchase or withheld from the settlement to the Creator's Square account.
(e) You have reviewed Square’s policies provided above and agree to them. If there is an issue with Square’s services fees or fund distribution, you agree to work with Square to find a solution.
(f) You will not hold NSR liable for any difficulties you encounter in using the Square srvice to collect payments.
(g) Fees that are charged by NSR in connection with your use of the Payments Service are nonrefundable.
(h) NSR does not store credit card information. Your credit card information is stored securely with a separate billing service.
(i) As a Creator, you are solely responsible for the delivery of goods and/or services as advertised on your sign up. Any disputes regarding funds collected on sign ups are the responsibility of the sign up Creator and the third party service processing those funds.
(j) As a Participant, you understand that the goods and/or services advertised on a sign up are provided by the sign up Creator, and not NSR. If you have any disputes regarding such goods and/or services, or regarding the funds collected on sign ups, you must resolve such disputes with the sign up Creator.

Availability, Errors and Inaccuracies

We are constantly updating the products and services offered via the Site, and we reserve the right to modify or delete any Services at any time in our sole discretion. We may experience delays in updating information on the Site and in any advertising we do related to our products and services on third party web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Services may be mispriced, described inaccurately, or unavailable on the Site, and we cannot guarantee the accuracy or completeness of any information found on the Site.

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available by NSR through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions made available by NSR, you are responsible for reviewing and complying with the applicable rules. If the rules for a NSR Promotion conflict with these Terms, the Promotion rules will apply.

If you, as a Creator, use the Services to communicate or administer a Promotion, you are responsible for the lawful operation of such Promotion, including the official rules, other terms and eligibility requirements, and compliance with applicable rules and regulations governing the Promotion and all prizes offered. Your official rules must include a complete release of NSR by each entrant of your Promotion, and an acknowledgement from each entrant that the Promotion is in no way sponsored, endorsed, or administered by, or associated with, NSR. NSR will not assist you in the administration of your Promotion, and you agree that if you use the Services to administer a Promotion, you do so at your own risk.

Content

Our Services may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for any and all User Content that you post on or through the Services, including its legality, reliability, accuracy, and appropriateness.

By posting User Content on or through the Services, you represent and warrant that: (i) you own such User Content and/or that you have the right to use it, and (ii) the posting of such User Content on or through the Services does not violate any intellectual property or proprietary rights of any person or entity, including any privacy rights, publicity rights, copyrights, or any other contract rights. We reserve the right to terminate the account of anyone found to be infringing a third party’s intellectual property or other proprietary right.

You retain any and all rights to any User Content you submit, post or display on or through the Services. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Services, or that is posted publicly as a result of your use of the Services. The extent to which your User Content is available publicly is determined by the settings you choose as part of the Services. You are responsible for the ways in which your User Content is published via the Services. NSR assumes no responsibility for how User Content is shared by anyone not employed by NSR.

NSR has the right but not the obligation to monitor and edit all User Content provided by you and any other user of the Services.

Any materials, information, and other content made available through, or created by, the Services (“NSR Content”) is the property of NSR and may only be used as intended as part of the Services or with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use NSR Content, whether in whole or in part, for commercial purposes or for personal gain, outside of its intended purposes in connection with the Services without express advance written permission from NSR.

Accounts

When you create an account with us, you represent and warrant that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account user name and password (collectively, “User Credentials”), including but not limited to the restriction of access to your computer and/or your account information. You agree to accept responsibility for any and all activities or actions that occur in connection with your User Credentials. You must notify us immediately upon becoming aware of any breach of the security or unauthorized use of your account or your User Credentials.

Restrictions

You agree that you will not under any circumstances:

• post any information via the Services that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• use the Services for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group via the Services;
• use another user’s account without permission;
• provide false or inaccurate information when registering an account via the Site;
• interfere or attempt to interfere with the proper functioning of the Services;
• make any automated use of the Site or Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data; or
• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Privacy Policy

Information that we collect from you in connection with the Services will be used in accordance with our Privacy Policy, which is incorporated into these Terms. You hereby acknowledge and agree to the terms of our Privacy Policy.

Intellectual Property

The Services and its content (including NSR Content, but excluding User Content), features and functionality are and shall remain the exclusive property of NSR and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NSR.

Digital Millennium Copyright Act

In accordance with the Digital Millennium Copyright Act (“DMCA”), we will promptly respond to claims of copyright infringement that are reported.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with written notice (in pdf form to info@negativesplit.io) of the claimed infringement that includes the following:

a) A physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
b) A description of the copyrighted work that is claimed to have been infringed;
c) A description of where the allegedly infringing material is located on the Site;
d) Your address, telephone number, e-mail address and any other information reasonably sufficient to allow us to contact you;
e) A statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

Links To Other Web Sites

The Services may contain links to third party web sites or services that are not owned or controlled by NSR (“Third Party Sites”). NSR has no control over, and assumes no responsibility for the content, privacy policies, or practices of any Third Party Sites. We do not warrant the offerings of any of these third parties, or their websites, products or services.

You acknowledge and agree that NSR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Third Party Sites.

We strongly advise you to read the terms and conditions and privacy policies of any Third Party Sites that you visit.

Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Services. If you wish to have all data in your account removed, you may contact customer support (info@negativesplit.io), and we will remove all data associated with your account.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless NSR and its licensees and licensors, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: (a) your use and access of the Services, by you or any person using your User Credentials; (b) a breach of these Terms; or (c) any User Content posted by you via the Services.

Limitation Of Liability

In no event shall NSR, its affiliates, nor their respective directors, employees, partners, agents, or suppliers, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Services; (ii) any conduct or content of any third party made available via the Services; (iii) any content obtained from your use of the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. You agree that in no case shall the liability of NSR, its affiliates, and their respective directors, employees, partners, agents, suppliers exceed the fees paid to NSR for the use of the Services, or the amount of ten dollars ($10.00), whichever is greater.

Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. NSR is not liable for loss of data due to misuse of the Services.

NSR, its subsidiaries, affiliates, and its licensors do not warrant that: (a) the Services will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services are free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Governing Law

These Terms shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we may have had between us regarding the Services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the Terms as revised. If you do not agree to the revised Terms, you are no longer authorized to use the Services.

Contact Us

If you have any questions about these Terms, please contact us.