Welcome to our website. This site is maintained as a service to our customers. By using this website or attempting to interact with or use any part of this website, you agree to comply with and be bound by the following non-negotiable terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website.
Any purchases of products or services from Challenger shall be governed by separate terms and conditions.
1. Agreement.This Term of Use agreement (“the “Agreement”) specifies the terms and conditions for access to and use of Challenger’s website (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Challenger upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://www.challengerinc.com/terms-of-use. Your continued use of the Site after any changes have been made to the Agreement signifies and confirms your acceptance of any such changes to the Agreement. For purposes of this Agreement, references to “we”, “us”, “our” or “Challenger” are references to Challenger Performance Optimization, Inc.
3. Ownership.All content included on this site is and shall continue to be the property of Challenger or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience.The Site is intended for adults only. The Site is not intended for any children under the age of 13.
5. Site Use.Challenger grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. You agree not to (i) violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password timing or any other means; (ii) take or attempt any action that, in the sole discretion of Challenger, imposes or may impose an unreasonable or disproportionately large burden on the Site or its infrastructure; (iii) use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site without the prior written consent of Challenger; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content. The use of the Site is at the discretion of Challenger and Challenger may terminate your use of the Site at any time.
6. Compliance with Laws.You agree to comply with all applicable laws regarding your use of the Site and agree not to take any action that would compromise the security or viability of the Site.
7. Indemnification.You agree to indemnify, defend and hold Challenger and our partners, employees, and affiliates, harmless from and against any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use/misuse of the Site.
8. Disclaimer.THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. CHALLENGER DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
9. Limitation of Liability.UNDER NO CIRCUMSTANCES WILL CHALLENGER BE LIABLE OR RESPONSIBLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE INFORMATION PROVIDED ON THIS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. ALTHOUGH CHALLENGER TAKES REASONABLE STEPS TO SCREEN THE SITE FOR INFECTION BY VIRUSES, TORJAN HORSES AND OTHER CODE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, CHALLENGER CANNOT GUARANTEE THAT THE SITE WILL BE FREE OF INFECTION OR THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
11. Applicable Law.You agree that the laws of the state of Delaware, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Challenger or its affiliates.
12. Severability.If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
13. Waiver.The failure of Challenger to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Challenger must be in writing and signed by an authorized representative of Challenger.
14. Termination.Challenger may terminate this Agreement at any time, with or without notice, for any reason. Sections 7, 8, 9 and 15 shall survive termination.
15. Relationship of the Parties; Third-Party Rights. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. Sections 7, 8 and 9 are for the benefit of Challenger and its affiliates, licensors, employees and agents, each of whom shall have the right to assert and enforce terms against you.
17. Contact Information.
Challenger Performance Optimization, Inc.
1777 N. Kent Street, Suite 500
Arlington VA 22209
Attn: Chief Financial Officer