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Terms of use

Updated on May 2, 2020

Welcome to the website of Super Gregario (www.supergregario.com) owned by Gregario OÜ. This Terms and Conditions of Use Agreement (this "Terms of Use") is a legal agreement between you and Gregario OÜ (hereinafter “Super Gregario", "we", "us", or "our"). These Terms of Use govern your Account (as defined herein) and your use of web-based service available through the Super Gregario website www.supergregario.com.


NOTICE: PLEASE READ THE FOLLOWING TERMS OF USE BEFORE PROCEEDING. BY CLICKING "I ACCEPT" DURING ACCOUNT REGISTRATION OR BY USING THE SITE OR THE SERVICES PROVIDED THROUGH THE SITE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU CAN NOT REGISTER FOR AN ACCOUNT OR USE THE SITE.


These Terms of Use are entered into as of the earlier of the date You first click “I Accept” or first access or use the Services or Platform (the “Effective Date”).


1. Definitions.
Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English meaning as commonly interpreted in the United Kingdom.


2. No Responsibility for your act and health conditions.
You acknowledge that you are solely responsible for your cycling rides. Any misfortune or accident during the ride is not the fault of Super Gregario. It’s your free will to participate in the racing series of Super Gregario and you take the whole responability while using Super Gregario’s website and racing the Super Gregario’s races. Any accident or broken, used material during racing Super Gregario was on your responsability. You confirm by using Super Gregario and racing our calendar that you are 100% fit for doing so. You accept that any health problem ac- cured during racing Super Gregario is nothing to do with us.


3. Account registration

  • Age Restrictions. You may not create an Account unless you are 18 years of age or older. You confirm that you are 18 or older while registration. You will have to give us your right date of birth.
  • Your Account Information. By submitting a Registration form or creating a password on the Site, you represent to us that: (1) you meet any age restrictions for the Site, and (2) the information you have provided on your Registration ("Account Information") is true, accurate, current and complete. You will maintain and promptly update your Account Information using the functionality provided through the Site to keep it true, accurate, current and complete.
  • Passwords for you account can be changed only by yourself or Super Gregario’s team and you confirm us that nobody else will have access to your passwords except you & the team of Super Gregario.
  • Permitted Uses. You confirm us that nobody else except you and the team of Super Gregario has access to your account.
  • You confirm us that the user name you chose for your Super Gregario account is not the name of a real person exept yourself. You accept that we delete or change your user name if it is a name of a real person and it isn’t yours.
  • You confirm us that you will register only one account to yourself and you won’t create any account for somebody else.
  • Super Gregario OÜ is the main processor of your personal data. Super Gregario forwards the necessary data  for collecting payments to Maksekeskus AS & Paypal. ”

 

4. Registration to a Super Gregario race

 

  • Age Restrictions. You may not race Super Gregario if you are not at least 18 years old.
  • Weight. You confirm us your excact weight and won’t lie about it (-2% is tolerated). You confirm that you will control your weight each time before the race and update your weight on your Account.
  • You confirm us that you have read the Rules and all the other information about the race on our website before entering to a race and you agree to the element of surprise (race details) sent in the Roadbook after paying the registration fee.
  • You confirm us that you understand the services and products you are buying by paying the 8€ starting fee.
  • You confirm us that it is you racing the Super Gregario’s race and nobody else. You upload only the file of your racing .fit file.
  • You confirm us that failing to follow the details and rules in the Roadbook is your responability and has nothing to do with us.
  • Starting fee is not reimbursed in any casy.
  • We use Paypal and Maksekeskus (Maksekeskus AS) solutions for collecting payments in Euro (€).

 
5. Prize money. The amount of the prizemoney is explained in the rules.

 

  • Gregario OÜ pays 1 € of each received event's start up fee into the prize money pot of the event in question.
  • Gregario OÜ pays 16€ of each received Season ticket's fee into the prize money pot of the Diamond Classic.
  • The results of the prize money winners can't be disputed.
  • A lucky finisher will win the whole prize money pot in each event, except in the Diamond Classic. The Diamond Classic has special classifications for the age groups. The lucky winner of past weeks events will be decided each Monday during filming the Super Gregario results show and the video will be available from each Tuesday on our Facebook, Youtube and Instagram account. Gragerio OÜ team member will pick a number by hazard from a box. In the box there are as many numbers as there were finishers. The number will correspond to the place in the results. The riders with that place wins the pot. Finishing means that you uploaded a correct .fit file to your account and the data in it corresponded to the explanations given in the roadbook of this particular event.  
  • The amount of the prize money can’t be disputed. 
  • Prize money is paid out (minus taxes) in accordance with Estonian tax laws.
  • Prize money is paid out to the winner's account he/she has written down to the prize money form we send him/her in 48h after the draw.
  • Prize money will be paid out in 3 days time after the weight of the rider has been verified (explained in the Rules) and the winner has sent us back the filled prize money form.


6. No Coaching or Medical Advice. THE CONTENT WE PROVIDE THROUGH THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO- VIDEO CLIPS, AND OTHER MATERIALS,

 WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF: (A) THE ADVICE OF YOUR PHYSICIAN, YOUR COACH OR MEDICAL PROFES- SIONALS; (B) A VISIT, CALL OR CONSULTATION WITH
YOUR PHYSICIAN, MEDICAL PROFESSIONALS OR A COACH; SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR AMBULANCE IMMEDIATELY. SHOULD YOU NEED ANY COACHING ADVICE, CALL YOUR COACH OR A COACH WOHO COULD ANSWER YOUR QUESTIONS.


7. Privacy Policy Consent.
• By agreeing to the Terms of Use, you also agree to comply with the terms of our online privacy policy posted on the Site (our “Privacy Policy”), which is incorporated into these Terms of Use. Before using the Site or Services or any Account, please carefully review our Privacy Policy. All personal data you provide to us as a result of your use of the Site, Services, or any Account will be handled in accordance with these Terms of Use and our Privacy Policy. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

• Without limiting any rights under the Privacy Policy, we will have the right to collect, extract, compile, synthesize, and analyze non- personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from your access to the Site and your use and operation of the Services. To the extent any such data or information is col-lected or generated by us, the data and information will be solely owned by us, and we may be use it for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you, any user or customer, or any other entity or natural person as the source thereof.


11. Content.
• User Content. The Site may allow you to post, upload, transmit, or otherwise make available and provide ("post") Content on the Site, including, without limitation, text, im- ages, illustrations, graphics, workout and other data, audio, video or audio-video clips, or other materials. The Content you and other users post is referred to as "User Content" in these Terms of Use. The User Content that you post is referred to as "your Content" in these Terms of Use.

• Prohibited Content. You may not post Content on or through the Site that:
• is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, violence, or offensive subject matter;

• provides any telephone numbers, street addresses, last names or email addresses of anyone except yourself;

• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

• violates any intellectual property or other proprietary right of any third party, including Content that pro- motes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing in- formation to circumvent manufacture- installed copy- protect devices, or providing pirated music or links to pirated music files;
• involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";

 • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enter- prise or provides instructional information about ille-
gal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
• involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
• includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of thirteen (13), parental consent, or otherwise constitutes an inva- sion of an individual's privacy or infringement of publicity rights; or contains a virus or other harmful component.

• Responsibility for User Content. You are responsible for all Content you post to your Account and the Site and for adjusting the Account settings that permit you to display your Content on the Site, where applicable. Posting Con- tent via the Internet inherently poses the risk of unintend-ed disclosure and access by third parties to your Content. We will make reasonable efforts to prevent your Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your Content from being viewed or accessed by unintended third par- ties and we will not be liable for such disclosures. We are not responsible for and do not control User Content, and, therefore, we do not guarantee the accuracy, integrity or quality of any User Content. You understand that by using pages of the Site on which users may post User Content, you may be exposed to User Content that you deem of- fensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, settings viewing errors, or any loss or damage of any kind incurred as a result of the use of any User Content posted on or through the Site.

• Rejection/Removal of Your Content. You acknowledge that we have no obligation to screen User Content, but that we have the right (but not the obligation) in our sole discretion to screen, edit, refuse, or remove any User Content (which includes your Content) or portion thereof, in our sole discretion, for any reason. Without limiting the foregoing, we have the right to remove from the Site any User Content that violates these Terms of Use or is oth- erwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without pri- or notice, and without liability. If you become aware of misuse of the Site by any person, please contact us via email support@supergregario.com
• Ownership of Your Content. We do not claim ownership rights in your Content. Subject to the non-exclusive li- cense contained in the following paragraph, and the rights of Coaches and Sponsors, if applicable, you own and will retain any and all intellectual property rights that you may have in your Content.

• License to Use Your Content. By posting your Content on or through the Site, you hereby grant us a non-exclusive, fully-paid, royalty- free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, publicly perform, publicly display, distribute, and create derivative works based on your Content. You consent to our use and disclosure of your Content as set forth in these Terms of Use, including our Privacy Policy. You may contact us to request that your Content be removed from the Site. We cannot guarantee the complete deletion of your Content and copies thereof, especially on mes- sage boards, blogs or other community pages. Back-up or residual copies of any Content that we remove may remain on our servers after the Content has been re- moved from view, and we retain all rights granted in this paragraph to all such remaining copies.
• Your Warranties Regarding Your Content. By posting your Content via the Site, you represent and warrant that (1) you own all right, title and interest in your Content, or otherwise have the right to grant the license set forth in pre- ceding paragraph, and (2) the posting of your Content on or through the Site does not violate the intellectual prop- erty right, privacy rights, publicity rights, or any other rights of any third party.


12. Ownership of Site and Content.
• User Content. The Site and Content we and others provide are protected under applicable intellectual property laws. In addition, the Content is a collective work under international copyright laws and treaties, and while you retain ownership of your Content, we own the copyright in the selection, coordination, and arrangement of the Content on the Site.
• Content License. We hereby grant you a personal, limit- ed, revocable, non-sublicensable license to download and print copies of any portion of the Content of the Site to which you have properly gained access for your per- sonal use. The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar automated means or methods to access any Content on the Site. This license is re- vocable by Super Gregario at any time without notice and with or without cause.

• Content Restrictions. You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on the Site (except your Con- tent) except as expressly provided in these Terms of Use without our prior written permission. Any use of the Site, including the Content of the Site (except your Content), other than as specifically authorized in these Terms of Use (or any such separate agreement with Super Gre- gario),is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws
and applicable communications regulations and statutes. You will not remove, modify or obscure any copyright, trademark, or other proprietary notices from any Content (except your Content).
• Software. Unless otherwise expressly stated in a license or other agreement separate from this Agreement that You may have entered into (or may enter into) with us relating to any software, code, or APIs available on or ac- cessible through the Site or Services (collectively, “Soft- ware”) (each such license or other agreement, a “Soft- ware License Agreement”), we grant you a personal, lim-ited, non-exclusive right and license to upload your .fit files, and execute the Software in accordance with any instructions we provide to you, solely for your own pur- poses in connection with your access to and use of the Site and Services. Except as expressly set forth in the foregoing sentence (or any applicable Software License Agreement), you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Software or any intellectual property rights therein or related thereto, and You may not modify, reproduce, per- form, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, dis- tribute, or in any way exploit any portion of the Software without our prior written permission. Except as set forth in this Agreement, any Software License Agreement will control in the event of a conflict between the terms of this Agreement and that Software License Agreement.

 • Site Restrictions. You acknowledge that the Services, Site, Software, and all other databases, software, hard- ware and other technology used to provide the Services and operate the Site (collectively, our “Technology”) and their structure, organization, and underlying data, infor- mation and source code constitute our valuable trade se- crets. You will not, and will not permit any third party to: (1) access or use the Technology, in whole or in part, ex- cept as expressly provided in these Terms of Use; (2) use the Technology in any unlawful manner or in any other
manner that could damage, disable, overburden or impair the Technology; (3) use automated scripts to collect in- formation from or otherwise interact with the Technology; (4) alter, modify, reproduce, create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of tour rights to access or use the Technology, including, without limitation, pro- viding outsourcing, service bureau, hosting, application service provider or on-line services to third parties, or otherwise make the Technology, or access thereto, avail- able to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets em- bodied in the Technology; (7) attempt to circumvent or overcome any technological protection measures intend- ed to restrict access to any portion of the Technology; (8) use the Technology for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes; or (9) interfere in any manner with the operation or hosting of the Technol- ogy, or attempt to gain unauthorized access to the Tech- nology.

13. Copyright Infringement.
• Claims of Copyright Infringement. If you have reason to
believe any part of the Content of the Site infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided be- low. It is our policy to investigate any allegations of copy- right infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Site by any user who is alleged to have posted infringing materials or a link to in- fringing materials on the Site and to immediately remove or disable the allegedly infringing Content or link.

 • Notice of Claim of Copyright Infringement. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent im- mediately if you believe that (1) any Content displayed on
the Site infringes your copyright or (2) any link posted on the Site links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be in- fringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
• a description of the copyrighted work you believe has been infringed (or if you believe multiple copy- righted works have been infringed, a representative list);
• a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the mater- ial on the applicable Site; enough information to permit us to contact you, such as, your name, ad- dress, telephone number and, if available, e-mail address;

• a statement that you have a good faith belief that the allegedly infringing use of the material was not au- thorized by the owner of the exclusive right that is al- legedly infringed (the "copyright owner"), an agent for the copyright owner, or by law;
• a statement that all of the information you have pro- vided is accurate; and
• a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Notice. Your notice must be signed (physically or
• Your
electronically) and must be addressed as follows:


• Copyright Super Gregario, Paruni 43, Ülenurme, Kambja Vald, 61714 Estonia or support@supergregario.com


14. Trademarks.
• Ownership of Trademarks. The trademarks and service marks used or displayed on the Site ("Trademarks") are registered and unregistered trademarks of Super Gregario and its licensors or affiliates. Your access to the Site does not constitute a license to use any Trademarks and you may not use any Trademarks displayed on the Site without the prior express written permission of Super Gregario or the trademark owner.

15.Your Feedback. We welcome your comments, feedback, sug- gestions, and other communications regarding the Site and the information and services we make available through the Site (collectively, "Feedback"). The Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

16. Links to the Site and RSS Feeds. We grant you permission to create hyperlinks to the home page of public pages within the Site, provided that the hyperlink accurately describes the con- tent as it appears on the applicable page of the Site.


17.Third Party Sites. The Site may contain links to websites oper- ated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destruc- tive elements. We make no warranty or representation regard- ing, and does not endorse, any linked websites or the informa- tion appearing thereon or any of the products or services described thereon.

18.Support.
• We may provide you with support for your Account ("Support") via the following methods, which may include, without limitation: online self-help support center ; forums ; the Site; email; and voicemail. For current information regarding Support, please visit Help Center or send your question to support@supergregario.com

• We will use commercially reasonable efforts to respond to Support requests within 48 hours after the request is placed.


19. Warranties; Disclaimer.
• We will use commercially reasonable efforts to provide
you the Services relating to your Account during the term of your Account in accordance with our current descrip- tion of Services applicable to your Account. In the event of any breach of this warranty, please notify us at support@supergregario.com. We will reperform the Services as necessary to correct the problem provided that you notify us in within seven (7) days of the problem. The foregoing remedy will be your sole and exclusive remedy with respect to any failure of the Services meet the warranty set forth in these Terms of Use. If the promised service is not executed as written in the Rules, we pay your starting fee back in 10 days time to the account you will provide to us.

 • EXCEPT AS EXPRESSLY PROVIDED HEREIN, Super Gregario HEREBY EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, OUR CONTENT, AND ALL SOFTWARE, PRODUCTS OR SERVICES DE- SCRIBED ON OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- IN- FRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY ACTION BY OTHER SUPER GREGARIO USERS OR A THIRD PARTIE RELATING TO YOUR USE OF THE SITE. YOU WILL NOT ASSERT ANY CLAIMS THAT YOU MAY HAVE AGAINST OTHER PARTICIPANTS AGAINST SUPER GREGARIO.
• SUPER GREGARIO MAKES NO WARRANTY: THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE

 OF THE SITE WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMA- TION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUPER GREGARIO OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. WE DO NOT WARRANT THAT THE SITE, SERVERS, CON- TENT ON THE SITE, E-MAIL SENT FROM US, OR PRODUCTS OR SERVICES AVAILABLE ON THE SITE, IF ANY, WILL BE FREE OF ANY HARMFUL COMPO- NENTS (INCLUDING VIRUSES).


20. Limitation of Liability.
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OURSELVES AND OUR EMPLOYEES, OTHER USERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY INDIRECT, INCIDEN- TAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SU-PER GREGARIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES AND THE SITE, OR OTHERWISE RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES OR THE SITE; (2) THE COST OF PROCURE- MENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER RELATING TO THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

 • SUPER GREGARIO’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH these terms of use, the site AND all SERVICES provided under these terms of use, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO SUPER GREGARIO HEREUNDER IN THE 1 MONTH PRECED- ING ANY SUCH initial occurrence of LIABILITY (OR, IF NO SUCH FEES HAVE BEEN PAID, 1€). You agree THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN these terms of use AND acknowledge that Super Gregario WOULD NOT ENTER INTO these terms of use WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
• These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclu- sions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other juris- dictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these

 Terms of Use will apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affect- ed by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
• Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within 1 year after such claim or cause of action arose or be forever barred.


21. Indemnity. You will indemnify and hold harmless Super Gregario, and its subsidiaries, affiliates, officers, agents or other partners, users and employees, from and against any claim, liability, loss, expense or demand, including reasonable attor- neys' fees, relating to or arising out of your Content, your use of any other Content, your use of or connection to the Site and Services (including any information, materials, products or ser- vices available through the Site or Services), your violation of these Terms of Use, or your violation of any applicable laws or any rights of another user or third party.

 22.Compliance with Laws. You agree to use the Site in compliance with all applicable laws. You will comply with all local laws regarding your use of the Site.


23.Jurisdictional Issues. These Terms of Use will be governed by and interpreted in accordance with the laws of Estonia and European Union.


24.Miscellaneous.
• Notice. We may send you any notices via e-mail or regu-
lar mail to the address we have on file for you. We may provide notice to you by displaying the notice on the Site as described in these Terms of Service. You will provide any notices to Super Gregario solely as directed in these Terms of Use or in writing at the address set forth below.
• Assignment. You may not assign, delegate or otherwise transfer your Account or your rights or obligations under these Terms of Use. Super Gregario will have the right, in its sole discretion, transfer or assign all or any part of its rights under these Terms of Use to any third party, and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms of Use.

• Severability. If any clause or provision of these Terms of Use will be held by a court of competent jurisdiction to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, will nevertheless be and remain in full force and effect, and the parties will prompt- ly substitute for the invalid provision a valid and binding provision resembling the invalid provision as closely as possible in intent and economic effect.
• Attorneys' fees. If any party here to will bring any suit or action against another for relief, declaratory or otherwise, arising out of this agreement, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees.

 • Survival. Any perpetual or irrevocable rights or licenses granted to Super Gregario will survive termination or ex- piration of these Terms of Use.
• Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions here of will not be deemed a waiver of such terms, covenants and condi- tions, nor will any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver will be valid unless in writ- ing and signed by an authorized officer of Super Gre- gario.
• Entire Agreement. The Terms of Use, including our Online Privacy Policy and any Additional Terms, constitute the entire agreement between you and Super Gregario and govern your use of the Site, superseding any prior agreements between you and Super Gregario with regard to your use of the Site. Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers under these Terms of Use must be in writing. Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.


25. Questions About These Terms of Use. If you have any questions regarding these Terms of Use, please contact us by email info@supergregario.com, by mail at Super Gregario OÜ, Paruni 43, Ülenurme, Kambja Vald, 61714, Estonia.

"Super Gregario is like a game where you must plan your ride and make your tactics before the race, it's not about pushing the maximum out of yourself the whole ride. Like in the real race, the hard moments count more and overall general AVG power a bit less."
Rene Mandri
Cycling coach & ex professional rider
Gregario OÜ Paruni 43, 61714, Tartu, Estonia +37253029898