SPECIAL NOTE

THIS IS A BINDING CONTRACT. YOUR CONTINUED USE OF THE RESOURCES (AS DEFINED BELOW) IN ANY MANNER SIGNIFIES YOUR ACCEPTANCE AND TERMS OF USE TO THESE TERMS OF USE, IN WHATEVER FORM THEY MAY CURRENTLY EXIST. AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, PLEASE READ THIS TERMS OF USE IN ITS ENTIRETY. THIS TERMS OF USE MANDATES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN VIA THE COURT OR JURY TRIAL PROCESS, AND LIMITS THE REMEDIES AVAILABLE TO EITHER PARTY, IN THE EVENT OF A DISPUTE. CONSUMER DISCLOSURE

THESE TERMS OF USE, ALONG WITH THE PRIVACY POLICY GOVERN WHAT CLAIMS YOU CAN BRING, WHAT DAMAGES YOU CAN CLAIM, AND HOW DISPUTES BETWEEN YOU AND THE OPERATOR OF THE RESOURCES, COLOSSAL MANAGEMENT, LLC (“Colossal”) WILL BE RESOLVED.

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY AND OUR TERMS OF USE TO ARBITRATE FOLLOWING THE LAWS OF ARIZONA ONLY.

COLOSSAL

Colossal, a Delaware limited liability company and for-profit professional/commercial fundraiser, operates the Resources and is solely responsible for its administration. Colossal can be reached here.

APPLICABILITY

These Terms of Use explain the general terms of use that govern your access to and/or use of this website, software, Colossal social media pages, including any content or information downloaded or otherwise obtained through the use of the website, forms, social media, press releases, communications, including emails and text messages (collectively the “Resources”). By using the Resources, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Use, you should not access or use the Resources.

PERSONAL INFORMATION

Your privacy is very important to us, which is why we have created a separate Privacy Policy to explain in detail how we collect, manage, process, secure, and store your private information. Please read the Privacy Policy in its entirety.

MOBILE TERMS OF SERVICE

Users can expect this program to send two-factor authentication messages to verify users. It will also send account status change notifications to users who register through our website. In addition, they will receive the following opt-in messaging. “You are successfully opted in for messages from Colossal for account and competition notifications. Message and data rates may apply. Reply HELP for additional support. Reply STOP to unsubscribe.”

You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly here or by sending an email to support@colossal.org.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our Privacy Policy.

DISCLAIMER OF WARRANTIES

UNLESS OTHERWISE EXPRESSED, COLOSSAL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Resources are provided to you to be used and accessed at your own discretion and risk. As such, you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the use, access, and/or download of the Resources.

No information or advice, whether expressed, implied, oral, or written, obtained by you from Colossal or through any of the Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms of Use.

YOUR USE OF THE RESOURCES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE RESOURCES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, THESE RESOURCES, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE RESOURCES, ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COLOSSAL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FOR THE RESOURCES, THEIR CONTENTS AND THE REGISTRATION, AND ITEMS LISTED OR PURCHASED THROUGH THE RESOURCES. COLOSSAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE RESOURCES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RESOURCES, ITS RESOURCES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COLOSSAL SHALL NOT BE LIABLE FOR THE USE OF THE RESOURCES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

LIMITATIONS OF LIABILITY

Under no circumstance will Colossal be liable for any direct or indirect damages with respect to the availability or accuracy of the Resources or information contained therein, or the operation of the Resources, the responsiveness of the Resources or your use of the Resources or information provided to you.

IN NO EVENT SHALL COLOSSAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES, OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE RESOURCES, YOUR INABILITY TO USE THE OR RESOURCES, OR THE REGISTRATION, VOTING, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE RESOURCES, EVEN IF COLOSSAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COLOSSAL BE LIABLE FOR ANY DIRECT DAMAGES BEYOND OUT-OF-POCKET COSTS, ATTORNEYS' FEES, OR ARBITRATION COSTS.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Colossal, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Website. Colossal reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this paragraph. In such event, you shall provide Colossal with such cooperation as is reasonably requested by Colossal.

OFFENSIVE CONTENT

You understand that, by accessing any images or external links on the Resources, you may encounter content that you may deem offensive, indecent, or objectionable, which said content may or may not be identified as having explicit images or language, and that the accessing of a particular image or external link may unintentionally result in the user to being subjected to objectionable material. Nevertheless, you agree to use the Resources at your sole risk, that you understand Colossal has provided images and external links for convenience purposes only, and that Colossal shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

The Resources contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, graphics, software, code, photos, video, graphics, music, and sound. The entirety of the content and materials available on the Resources are the intellectual property ("IP") of Colossal (or Colossal has the legal right and authority to use said IP) and are protected by applicable US copyright and trademark law. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any of Colossal's IP or content on the Resources is strictly prohibited, unless specifically authorized by Colossal.

The information provided by Colossal is the copyrighted property of Colossal. Your use of this information is limited to you alone under these Terms of Use. It may not be copied, retransmitted, sold or provided to others in any form or format except as provided for in this section of the Terms of Use. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material, if downloading of such material is permitted.

The news media and subscribers may use brief portions of any material, provided it is not distorted, Colossal is given credit for the material utilized, and Colossal is shown as the copyright holder.

GOVERNING LAW; WAIVER

The Resources are controlled by Colossal from offices located the USA and can be accessed from many countries around the world. As each country has laws that may differ from those that the Resources are operated under, by accessing the Resources in any fashion, you agree that the laws of Arizona, without regard to the conflict of laws will apply to all matters relating to your use of the Resources.

Furthermore, any action to enforce these Terms of Use shall be brought pursuant to the specific provisions in these Terms of Use titled “Limitations of Liability” and “Dispute Resolution and Mandatory Arbitration”. You hereby agree to be bound and abide by these Terms of Use and all provisions therein.

DISPUTE RESOLTION AND MANDATORY ARBITRATION

You agree that any dispute or claim arising out of, or relating in any way to your use of the Resources, these Terms of Use, or the Privacy Policy, including all issues concerning the construction, validity, interpretation, and enforceability of these Terms of Use or the Privacy Policy, the rights and obligations of Colossal, or the extent of any waiver or release of claims by you, shall be settled by binding and unappealable arbitration administered by the American Arbitration Association, by operation of these Terms of Use, in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. ALL ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Claims shall be heard by a single arbitrator. The place of arbitration shall be Phoenix, Arizona, unless otherwise agreed to by the parties, or is determined by the arbitrator that the arbitration proceed virtually (by videoconference). The arbitration shall be governed by the laws of the State of Arizona. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules, although the parties can appear in person, by video, or telephonically. The standard provisions of the Consumer Arbitration Rules shall apply. The arbitrator will only have the authority to grant any remedy, relief, or outcome that the parties could have received in court. In addition, the prevailing party will be entitled to recover its attorneys' fees and arbitration fees and costs. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder, without the prior written consent of both parties.

If any part of this arbitration provision is deemed to be invalid or unenforceable, then the remainder of this arbitration provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.

COMMUNICATION

Collected information will not be shared with any third party, unless previously disclosed, and any such use and/or disclosure will comply with the Privacy Policy.

COMPLETE TERMS OF USE

These are the complete Terms of Use which, in combination with the Privacy Policy, govern your use of the Resources. Nothing published or said elsewhere should be viewed as a modification of these Terms of Use or the Privacy Policy.

CHANGES TO THE TERMS OF USE

Colossal may occasionally update these Terms of Use and/or the Privacy Policy. When it does, Colossal will also revise the "last updated" date at the top of the Terms of Use herein, as posted on the Website. Such changes will be effective immediately when posted by Colossal. You are responsible for checking these Terms of Use and the Privacy Policy regularly, to ensure that you understand what terms currently apply. Your continued use of the Resources after the date upon which this Terms of Use is changed and the changes are posted will constitute your continued acceptance of the Terms of Use. Your only alternative, should you no longer wish to be bound by the Terms of Use and/or the Privacy Policy is termination of your use of the service. No full or partial refunds will be offered in such an event.

SEVERABILITY

If any term or provision in these Terms of Use or the Privacy Policy is determined by a competent authority to be unenforceable, all other terms and provisions of these Terms of Use and the Privacy Policy shall continue in full force and effect.

CONTACT INFORMATION

If you have any questions or comments about these Terms of Use as outlined above, you can contact us here.