By checking the box, you agree, warrant and covenant as follows:
I have been warned that the Terrapin Mountain (“Terrapin” hereafter) is a difficult and possibly hazardous event and I am fully aware that I could be injured attempting such a run. With this knowledge, I am accepting full responsibility for any harm I might suffer. I absolve all sponsors and organizers of Terrapin of any and all liability related to my attempt to run Terrapin. I agree by signing this release that I am adequately trained and prepared for this endurance event.
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2. Limitation of Liability; Disclaimer of Warranties. ECO-X SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE ECO-X OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH ECO-X OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ECO-X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF ECO-X IS AT YOUR SOLE RISK. ECO-X IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ECO-X EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Eco-x makes no warranty that the eco-x sites’ services will be uninterrupted, secure or error free. Eco-x does not guarantee the accuracy or completeness of any information in, or provided in connection with, the eco-x sites. Eco-x is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the eco-x sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
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4. Applicable Law; Consent to Jurisdiction. The eco-x sites (excluding linked sites) are controlled by eco-x from its offices within the Commonwealth of Virginia, United States of America. By completing this event registration, both you and eco-x agree that the statutes and laws of the Commonwealth of Virginia, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Liability Waiver, or other use of the eco-x sites. You agree that exclusive jurisdiction for any dispute with eco-x resides in the courts of the Commonwealth of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Virginia in connection with any dispute including any claim involving eco-x or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
5. Severability. If any provision of this Liability Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Liability Waiver and shall not affect the validity and enforceability of any remaining provisions.
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