By progressing to purchase this Endure IQ product irrespective of checking the box above you are confirming you will abide by these terms and conditions. If you disagree with any of the terms or conditions or have not provided all of the information required as listed above you cannot purchase this plan. Access to this plan and associated materials is not indefinite and access will cease at the end of the Zwift Academy Tri 2021 program. By purchasing this plan, you thereby give permission for Endure IQ to send email communication to the email address provided upon purchase. If you wish to cancel email communication from Endure IQ you can do so at any time by unsubscribing via the link provided in our emails.
Below are some highlighted terms prior to proceeding with your purchase and undertaking of the course or training plan:
1. Type of Information provided disclaimer:
a) This Endure IQ plan provides general information and discussions about performance, health, enjoyment, clinical trials and related subjects. The information and other content provided in this information, or in any linked materials, are not intended and should not be construed as medical advice, nor is the information a substitute for professional medical expertise or treatment.
b) If you or any other person has a medical concern, you should consult with your health care provider or seek other professional medical treatment. Never disregard professional medical advice or delay in seeking it because of something that has been read or heard through these materials.
2. Before taking part in any form of strenuous activity or change in diet, it is your responsibility to seek medical advice whenever you are unsure.
3. Endure IQ is not liable for any illness, injury or medical reaction caused guidelines outlined in any course or training plan.
4. You understand that the Endure IQ content has been independently developed based off the published research and personal experiences as athletes and sports practitioners.
5. You understand individual results and outcomes from completing this course or training plan will vary based on your current health for several reasons including but not limited to current diet, environment, genetics, metabolic rate, physical exertion and compliance. Endure IQ do not guarantee results.
6. We reserve the right to modify these terms and conditions at any time and will send email notification of changes.
9. You have read and agree to the full terms and conditions and privacy policies as set-out by third parties associated in the delivery of this service, namely:
10. You have read and agreed to the full terms and conditions of your purchase as set out below.
Terms of Service and Enrollment and Membership Agreement
These Terms of Service and Enrollment Agreement (this “Agreement”) are entered into by and between Endure IQ Ltd., a limited liability company organized in New Zealand (“Endure IQ” or “we” or “us”) and you (“you” or “your”). You and Endure IQ may also be referred to individually as a “Party” and, collectively, as the “Parties.”
IT IS ESSENTIAL THAT YOU READ THESE TERMS OF SERVICE
AS THEY DESCRIBE AND, IN SOME CASES, LIMIT YOUR RIGHTS.
Your use of this Site indicates your acceptance of this Agreement.
Endure IQ has developed, owns and operates the platform known as “EndureIQ.com” and such other related online websites and applications as Endure IQ may create and with which it may partner (collectively, the “Site”).
The Site provides instructional programs (each, a “Course”), tools, videos and information, access to private training, access to training plan libraries (referred to as “Training Squad” membership), and other events relating to athletic endurance performance to help athletes who use the Site, enroll in Courses, or join the Training Squad (each, a ”User” and, collectively, the “Users”) improve their skills and capabilities (collectively, such offerings and services of Endure IQ shall be referred to herein as the “Services”).
The Site, Courses, and Training Squad are not intended for persons under 18 years of age.
The Services provided to you shall be included in any reference to your use of the Site.
Therefore, the Parties agree as follows:
1. Agreement to be Bound
You agree to be bound by this Agreement by your use of the Site. If you do not agree with or do not wish to be bound by any provision hereof, cease using this Site immediately.
In addition to the definitions provided throughout the Agreement, the following terms have the following meanings when used herein:
“Documentation” means any websites, manuals, videos, documentation, emails and other supporting materials related to the Site that Endure IQ provides to you or that you can access under this Agreement. Documentation is considered part of the Site.
“Endure IQ Materials” means videos, publications, documentation, websites, training plan and workout libraries, apps or other benefits that are accessible to only Enrollees or Members.
“Endure IQ Resources” means the Site, the Courses, the Zwift Tri Academy Training Programme, the Training Squad, and the Endure IQ Materials.
“Member”means a person who has joined the Zwift Tri Academy Training Programme, Training Squad, Athlete/Education Commmunity.
“Membership” means the result of joining the Zwift Tri Academy Training Programme, Training Squad, Athlete/Education Community.
“Membership Fee” means the amount paid to join the Zwift Tri Academy Training Programme, Training Squad, Athlete/Education Community.
“Personal Information” means the contents of your profile, any additional information you may provide and any search criteria you may choose.
GENERAL SITE USE
You do not have to enroll in a Course, join the Training Squad, or purchase any other service or product to use the Site.
ZWIFT ACADEMY TRI TRAINING PROGRAMME
If you join the Zwift Academy Tri Training Programme, you can access the relevant benefits as well as other Endure IQ Materials we may choose to provide to Members. The associated benefits are subject to change and members will be notified in advance should they wish to upgrade or cancel their membership based on these changes.
Membership requires no Membership Fee.
By becoming a Member of the Zwift Academy Tri Training Programme, you acknowledge that access to the Zwift Academy P/B Endure IQ training plan libraries operates through Today’s Plan and you will be required to accept Today’s Plan terms and conditions and create a Today’s Plan account in order to complete your Zwift Academy Tri Training Programme Membership. and unlock the full benefits associate with your Zwift Academy Tri Training Programme Membership.
4. Your Use of the Site.
4.1 Your Responsibilities. You will (a) be responsible for your compliance with this Agreement, (b) use reasonable efforts to prevent unauthorized access to the the Zwift Academy Tri Training Programme, and Endure IQ Materials and notify Endure IQ promptly of any such unauthorized access or use, and (c) use the Site only in accordance with the Documentation and all applicable laws and regulations, including, without limitation, applicable export control laws and regulations. You are solely and exclusively responsible for the security of the usernames and passwords issued to you. Endure IQ shall be entitled to rely on the authority of any person using the username and password in providing information to and taking all actions that the authorized user would be entitled to take or direct.
4.2 Restrictions. You will not (a) make the Zwift Tri Academy Training Programme, or the Endure IQ Materials available to, or use the Site, Zwift Academy Tri Training Programme, or the Endure IQ Materials for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, rent, or lease the Course(s), the Zwift Academy Tri Training Programme, or the Endure IQ Materials, or include the Zwift Academy Tri Training Programme, or the Endure IQ Materials in a service bureau or outsourcing offering, (c) use the Site to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Site to store or transmit malicious code, (e) interfere with or disrupt the integrity or performance of the Site or any third-party data contained therein, (f) attempt to gain unauthorized access to the Endure IQ Resources”) or any related systems or networks, (g) permit direct or indirect access to or use of the Endure IQ Resources in a way that circumvents a contractual usage limit, (h) copy the Endure IQ Resources or any part, feature, function, or user interface thereof, (i) frame or mirror any part of the Endure IQ Resources other than as permitted in the Documentation, (j) access, record or copy the Endure IQ Resources in order to build a competitive product or service, or (k) reverse engineer, disassemble or decompile the Endure IQ Resources.
5. Your Representations and Warranties
You represent and warrant the following:
(a) You are eighteen (18) years of age or older.
(b) If you are a Member, you are accessing the Zwift Academy Tri Training Programme, and Endure IQ Materials exclusively for your personal use and self-improvement in athletic endurance performance, with no intent to broadcast, republish, misrepresent, edit, copy, display or in any way use the Endure IQ Materials for any purpose other than your personal use and self-improvement in athletic endurance performance.
(c) If you are a Member, you have consulted your physician and have been advised that there are no physical, psychological or other conditions that would limit your participation in and training for endurance sports or that would increase or create a risk of injury to you by your participation in and training for endurance sports.
For the purposes of this Agreement, “Confidential Information” means any business or technical information that either Party discloses to the other Party, in writing, orally or by any other means, that should reasonably have been understood by the receiving Party due to “confidential” and similar markings, the circumstances of disclosure, or the nature of the information itself, to be proprietary and confidential to the other Party, including, without limitation, computer programs, code, algorithms, data, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical, business, financial, and product development plans, names and expertise of employees and consultants, and customer lists. Neither Party will use the other Party’s Confidential Information, except as permitted under this Agreement. Each Party agrees to maintain in confidence and protect the other Party’s Confidential Information using at least the same degree of care as such Party uses for its own information of a similar nature, but in all events at least a reasonable degree of care. Each Party agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other’s Confidential Information, including, without limitation, disclosing Confidential Information only to such Party’s employees, independent contractors, consultants and legal and financial advisors (collectively, “Representatives”) (a) with a need to know such information, (b) who are parties to appropriate agreements sufficient to comply with this Section and (c) who are informed of the nondisclosure obligations imposed by this Section. Each Party will be responsible for all acts and omissions of its Representatives. The foregoing obligations will not restrict either Party from disclosing Confidential Information of the other Party pursuant to the order or requirement of a court, administrative agency or other governmental body, provided that the Party required to make such a disclosure gives reasonable notice to the other Party to enable them to contest such order or requirement. The restrictions set forth in this Section shall remain in effect for five (5) years. The restrictions set forth in this Section will not apply with respect to any Confidential Information that: (i) was or becomes publicly known through no fault of the receiving Party; (ii) was rightfully known or becomes rightfully known to the receiving Party without confidential or proprietary restriction from a source other than the disclosing Party who has a right to disclose it; (iii) is approved by the disclosing Party for disclosure without restriction in a written document which is signed by a duly authorized officer of such disclosing Party; or (iv) the receiving Party independently develops without access to or use of the other Party’s Confidential Information.
Your Confidential Information expressly includes the Personal Information. We follow generally accepted best practices to safeguard the Personal Information. We conduct background checks on and have confidentiality agreements with all personnel who have or may have access to the Personal Information, including but not limited to those in technical support.
Endure IQ shall implement and maintain appropriate measures in accordance with generally accepted industry standards to (i) protect against any anticipated threats or hazards to the security or integrity of the Personal Information; and (ii) protect against unauthorized access to the Personal Information.
In addition to Endure IQ’s Confidential Information, Endure IQ owns all rights, title and interest in and to the Endure IQ Resources and any trademarks, copyrights, trade secrets and inventions, whether or not any of the foregoing are registered, and any ideas, suggestions, proposals, research or test results obtained through, from or as a result of your use of the Endure IQ Resources. Your rights to the Endure IQ Resources are limited to the rights expressly granted to you in this Agreement. Accordingly, you shall not use the Endure IQ Resources in any manner except as provided herein. Endure IQ reserves all rights not expressly granted in this Agreement. You agree that you shall not attempt to claim, register or protect any interest in or to the Endure IQ Resources.
If you send comments or suggestions about the Endure IQ Resources to us, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Endure IQ. No such submission shall be subject to any obligation of confidence on the part of Endure IQ. We shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
9.1 Endure IQ’s Indemnification Obligation. Endure IQ will defend or settle, at its option and expense, any third-party claim brought against you to the extent that it is based on an allegation that your use of the Endure IQ Resources as permitted under this Agreement infringes a patent, copyright, or trademark or misappropriates a trade secret of any third-party (each, a “Claim”), and, subject to Section 12, Endure IQ will pay all damages and costs (including reasonable legal fees) finally awarded by a court of final appeal attributable to such a Claim, provided that you notify Endure IQ in writing of any such Claim as soon as reasonably practicable and allows Endure IQ to control, and reasonably cooperates with Endure IQ in the defense of, any such Claim and related settlement negotiations.
9.2 Exclusions. You understand that Endure IQ has no obligation to indemnify you for any Claim that is based on (i) modification of the Endure IQ Resources by any party other than Endure IQ; (ii) your use of the Endure IQ Resources other than as authorized by this Agreement and the Documentation or in violation of your representations and warranties; (iii) access to the Course(s), the Training Squad and/or use of the Endure IQ Materials by any person other than you who uses your username and password; or (iv) your failure to stop using the Endure IQ Resources after receiving written notice to do so from Endure IQ in order to avoid further infringement or misappropriation (subparts (i)-(iv) are referred to collectively as “Indemnity Exclusions”).
9.3 Right to Ameliorate Damages. If your use of the Endure IQ Resources is, or in Endure IQ’s reasonable opinion is likely to be, subject to a Claim under Section 9.1, Endure IQ may, at its sole option and at no charge to you (and in addition to Endure IQ’s indemnity obligation to you in Section 9.1) (i) procure for you the right to continue using the Endure IQ Resources; (ii) replace or modify the Endure IQ Resources so that it is non-infringing and substantially equivalent in function to the original Endure IQ Resources; or (iii) if options (i) and (ii) above are not commercially practicable in Endure IQ’s sole determination, Endure IQ can terminate this Agreement and all licenses granted hereunder (in which event, you will immediately stop using the Endure IQ Resources) and refund the Enrollment Fees that you paid which are allocable to the infringing c(1).
9.4 Your Indemnification Obligation. Except to the extent that Endure IQ is obliged to indemnify you in Section 9.1 above, you will defend, indemnify and hold Endure IQ harmless from and against any claims that may arise out of or be related to or connected with your use or misuse of the Endure IQ Resources (including but not limited to collection, transmission and processing of the Personal Information) or use or misuse of the Endure IQ Resources by any person other than you who accesses the Course(s) or Endure IQ Materials using your username and password (including, without limitation, any Indemnity Exclusion). For purposes of this section, any reference to Endure IQ shall include Endure IQ’s Affiliates, shareholders, directors, officers, employees, agents and contractors. For purposes of this Agreement, an “Affiliate” means an entity person, natural or legal, that (a) is owned or controlled, directly or indirectly, by Endure IQ, (b) owns or controls, directly or indirectly, Endure IQ or (c) is under common control as Endure IQ.
9.5 Sole Remedy. This Section sets forth Endure IQ’s sole and exclusive obligations, and your sole and exclusive remedies, with respect to claims of infringement or misappropriation of third-party intellectual property rights.
Endure IQ provides the ENDURE IQ ASSETS on an “as is” and “as available” basis. To the extent permitted by law, Endure IQ disclaimS all warranties, whether express, implied, statutory or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising out of course of dealing, usage or trade.
11. Assumption of Risk and Waiver.
You acknowledge and understand that endurance sports, like any sport, has inherent risks of bodily injury which risks are magnified when combined with pushing one’s body to extreme limits.
You expressly and unconditionally assume any risks and waive any and all claims against Endure IQ, regardless the bases upon which such claim(s) may be made, that may be based on, arise in connection with or be related to any of the following acts, circumstances or conditions, and regardless of the source or the cause of the issue including but not limited to failures of third-party sites or applications with which the Endure IQ Resources interact:
(a) any personal injury to you or anyone else, whether as an athlete, other participant, user or spectator, relating to, caused by or connected to any activity or product depicted in the Endure IQ Resources (including but not limited to third-party sporting equipment and dietary supplements);
(b) any damage to property of yours or anyone else’s relating to, caused by or connected to any activity or product depicted in the Endure IQ Resources;
(c) any unauthorized person uses your username and/or password to access the Endure IQ Resources with any result, including but not limited to making changes in authorizations;
(d) the Endure IQ Resources are partially or totally inoperative or inaccessible;
(e) use of the Endure IQ Resources;
(f) viruses or other malicious software are transferred to your computer or other device by using the Endure IQ Resources;
(g) there are bugs, errors or inaccuracies in the Endure IQ Resources;
(h) third-party content, actions or inactions on or with respect to the Endure IQ Resources;
(i) a suspension or other action taken with respect to your account by Endure IQ; or
(j) deletion, corruption or destruction of any of the Personal Information.
No waiver by Endure IQ of any breach by you of any condition or provision of this Agreement shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by Endure IQ in exercising any right, power, or privilege under this Agreement operate as a waiver to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
For purposes of this section, any reference to Endure IQ shall include Endure IQ’s Affiliates, shareholders, directors, officers, employees, agents and contractors.
12. Limitation of Liability.
To the extent permitted by law, in no event shall Endure IQ have any liability to you for any indirect, special, incidental, punitive, or consequential damages (including for loss of profit, revenue, or data) arising out of or in connection with the Site or this Agreement, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, indemnification or other tort theory of liability) even if advised of the possibility of such damages. To the extent permitted by applicable law, Endure IQ’s total cumulative liability to you or any third-party arising out of or in connection with the Site or this Agreement, from all causes of action and all theories of liability, will be limited to and will not exceed the greater of the Membership Fees paid by you during the Twelve (12) months immediately preceding the claim or One Hundred Dollars ($100.00). The Parties agree that this Section represents a reasonable allocation of risk.
13. Governing Law and Venue.
This Agreement will be governed by and interpreted in accordance with the laws of New Zealand, without giving effect to any principles of conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Auckland, New Zealand, and the Parties irrevocably consent to personal jurisdiction and venue therein. If any Party incurs costs or expenses including but not limited to reasonable attorneys’ fees in connection with an action relating to the terms of and performance under this Agreement, the prevailing Party in such an action shall be entitled to recover its costs and reasonable attorneys’ fees incurred.
You agree that you may bring a claim against Endure IQ only in your capacity as an individual User, not as the member of or participant in any group or class.
EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION, OR IN ANY LEGAL PROCEEDING, DIRECTLY OR INDIRECTLY BASED UPON,RELATING TO OR ARISING OUT OF THIS AGREEMENT, USE OF THE SITE, USE OF THE MEMBER RESOURCES OR PARTICIPATION IN ANY OF THE ACTIVITIES OR USE OF ANY OF THE PRODUCTS INCLUDED OR DEPICTED IN THE SITE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTY HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. EACH PARTY HERETO CONSENTS TO SERVICE OF PROCESS BY CERTIFIED MAIL AT ITS ADDRESS LISTED HEREIN.
14.1 Independent Contractors. Endure IQ is and will be deemed to be an independent contractor with respect to you in regard to the subject matter of this Agreement, and nothing contained in this Agreement will be deemed or construed in any manner whatsoever as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship between Endure IQ and you.
14.2 Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. Endure IQ may assign this Agreement, in part or whole, inclusive of the Personal Information and personal account information, without your consent, to an Affiliate or in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets or equity. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.
14.3 Amendment. Endure IQ may amend this Agreement at any time, in its sole and absolute discretion; provided any changes in this Agreement shall be binding upon you only upon Membership in a c(1) subsequent to such amendment. You will be notified of such change(s) by email. Your continued use of the Endure IQ Resources after the effective date of any such amendment shall be conclusive evidence of your consent to be bound by such amendment.
14.4 Force Majeure. Neither Party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, communication line failure, governmental orders (including but not limited to quarantines and business closures) and power failures.
14.5 Notices. Any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered in person or sent by registered or certified mail (return receipt requested) or nationally recognized overnight delivery service, postage pre-paid addressed as follows, or to such other address as such Party may notify to the other Party in writing:
To Endure IQ: Email: [email protected]
To you: As provided by you at the time of registration and as may be amended by you from time to time.
Notices, demands or requests which either Party is required or desires to give the other hereunder shall be deemed to have been properly given for all purposes if (A) hand-delivered to the Party's notice address, (B) mailed by express, registered or certified mail of the United States Postal Service, return receipt requested, postage prepaid, or (C) delivered to a nationally recognized overnight courier service for next business day delivery, to its addressee at such Party's notice address. Each such notice, demand or request shall be deemed to have been received upon the earlier of (i) actual receipt or refusal by the addressee if hand-delivered in accordance with clause (A) above, or (ii) three (3) business days after deposit thereof at any main or branch United States post office, if sent in accordance with clause (B) above, or the next business day after deposit thereof with the courier, if sent pursuant to clause or (C) above. The parties shall notify the other of any change in address, which notification must be at least two (2) business days in advance of it being effective. Notices may be given on behalf of any Party by such Party's legal counsel. For a notice to be valid, an email copy shall accompany each of the foregoing modes of noticing a Party. An email notice, by itself, shall suffice as notice at such time as the sender receives a receipt acknowledgment or the recipient replies, directly or indirectly, to such notice.
By registering on the Site, enrolling in a Course, or joining the Training Squad you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Endure IQ, its Affiliates and third-parties with which Endure IQ does business. You consent to receive notices electronically by email, text or other messaging service.
14.6 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
14.7 Section Headings. Section headings are included for ease of reference only and have no binding effect.
14.8 Interpretation. You acknowledge and agree that you had sufficient time and opportunity to have this Agreement reviewed by your legal counsel. If this Agreement is ever construed, whether by a court or arbitrator, such court or arbitrator will not construe this Agreement, or any provision hereof, against any Party as the drafter. This Agreement is written in English and, notwithstanding the translation or translatability into other languages, the English language version of this Agreement shall be controlling.
14.9 Headings The headings used herein are for convenience only and shall not be deemed to define, limit or construe the contents of any provision of this Agreement. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
14.10 Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior understandings and agreements, whether oral or written, between the Parties with respect to the subject matter of this Agreement.
14.11 Survival. Those provisions of this Agreement that by their terms or sense are intended to survive termination or expiration of this Agreement will survive and remain in full force and effect, including, without limitation, Sections 2, 4.2 and 6-14.