In these Terms and Conditions:
“The USA Challenge” or "The 401 Challenge" or “USA” or "401" or “we”, “our” means The 401 Challenge.
The 401 Challenge Ltd is a company limited by guarantee in England and Wales (1175605). Our registered company address is Pure Offices, Kestrel Court, Harbour Road, Portishead, North Somerset, BS20 7AN
“Website” means any website under the ownership or control of The 401 Challenge Ltd from which a link has been created to these terms and conditions and all related domain and microsites;
“Material” means all of the information, data, text, graphics, links, or computer code or other material published on, contained or available on the Website; and
The 401 Challenge reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of this Website after changes are posted constitutes your acceptance of the modified terms and conditions.
About The USA Challenge Website:
Access to this Website is permitted on a temporary basis and we reserve the right to withdraw or amend this Website and any Material, products or services on this Website at any time. We do not guarantee that this Website or any content on it will always be available or uninterrupted.
The content on this Website is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
Your use of The USA Challenge Website:
You agree to use this Website only for lawful purposes and in a manner which does not infringe the rights of, or restrict, or inhibit the use and enjoyment of the Website by, any third party. Such restriction includes, without limitation, conduct which may harass, defame or cause distress to any person and the transmission of obscene or offensive material within this Website.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.
You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching any of these mentioned provisions in points 4a, 4b, 4c and 4d you would be committing a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities fully by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and conditions and that they comply with them. This includes any children or young people for whom you are responsible.
Your Personal Information:
By using our Website or any of our services, or providing us with any personal data, you agree to your personal data being used and disclosed in the manner set out in our Privacy and Cookies Policy.
Registration and 401 Account Use:
You may be asked to register with us to access some areas of our Website or to make use of some of our services.
Your personal data will be used and disclosed in the manner set out in our Privacy and Cookies Policy.
You must keep your password confidential and must not disclose it to anyone. If at any time you know or suspect that a third party may know your password you must promptly change it.
We may choose not to accept your registration and we reserve the right to cancel or disable your registration, account or password at any time.
Although The 401 Foundation seeks to protect online payment details in accordance with the Payment Card Industry Data Security Standard, the security of such information transmitted via the Internet cannot be guaranteed. As such any data transferred is at your own risk
If you use a payment card on our Website, you must be the authorized user of the card and have permission and funds to make the relevant payment.
Our chosen payment platforms are PayPal and Stripe and all purchase will appear as ‘The 401 Foundation’ on your bank statement.
USA Challenge Products and Services:
Any purchases from The USA Challenge online shop will be subject to our Online Shop Terms and Conditions
Any purchases via our partner application platform will be subject to our Event Terms and Conditions – request via email to firstname.lastname@example.org
Sometimes we may offer free products, services or events through our Website. Because these are free of charge, they are all provided at our discretion, on an “as is” basis, and we cannot accept any liability for any loss or damage if we are unable to provide those items, or if they do not conform to any stated specifications. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to such items, whether express or implied.
The USA Challenge Liability:
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
We will not be liable for any loss or damage (including loss of data), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Website or any Material; or
use of or reliance on any content or information displayed on our Website; of
the provision of, or our failure to provide, any products, services or events ordered or made available through our Website (unless stated otherwise in any relevant additional terms and conditions).
Please note that our Website is only intended to be for domestic and private use, and we will have no liability for any loss of profit, loss of business, business interruption, loss of business opportunity, goodwill or reputation or any indirect or consequential losses or damage unless otherwise stated in any specific additional terms and conditions
The USA Challenge does not accept any liability for any loss or damage caused by viruses or any other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
Our Online Community:
The USA Challenge online community and other public areas on our Website are public forums so can be viewed by anyone searching the Internet and posts will be indexed by search engines such as Google. Therefore, please be careful what you post – do not post anything confidential, contact details or personal information which could put yourself or someone else at risk.
Please note that we cannot and do not vet any users or verify their identity.
Any communication or material that you transmit to, or post on, any public area of the Website including any data, questions, comments, suggestions or the like is and will be treated as non-confidential and non-proprietary information. You are responsible for any content you post, and you must ensure it is legal, not inaccurate or misleading and that you have all necessary third-party rights and permissions.
The USA Challenge does not tolerate any posts, links or comments which are offensive, threatening, racist or discriminatory and we reserve the right to delete any comments or remove any content that we think is inappropriate or falls short of our standards, and we may block users if needed.
Content posted by users will not necessarily represent The USA Challenge views or values and we do not accept responsibility or liability for any content posted by other people, we will, however, do everything in our power to view all content that is added to our Website and reserves the right to withdraw, ask you to change or refuse.
Trade Marks, Copyright and Other Rights:
The 401 Challenge is the owner or licensee of all intellectual property rights in the Website including The 401 Challenge and USA Challenge name and logo, as well as any rights in the Material. The Material is protected by copyright laws and treaties around the world and all right are reserved. You may not use or do anything with the Material or any of our intellectual property rights apart from as set out in this section.
If you wish to use any information
The names, images, and logos identifying The 401 Challenge and USA Challenge along with its products and services are the proprietary marks of The 401 Challenge. You may only use these where they are included on any pages or documents that you copy and use in accordance with this section. Nothing contained in these terms and conditions or on the Website may be construed as conferring any license or right under any trademark or patent of The 401 Challenge or any third party.
Commercial use or publication of all or any Material is strictly prohibited without prior written authorization from The 401 Challenge.
print off or download any page(s) from the Website for your personal use; and
copy documents on this Website for personal, non-commercial use only on the condition that copyright and source indications are also copied, no modifications are made and the document is copied entirely.
You must NOT:
modify the paper or digital copies of any Material you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
copy, display or publish any of the Material (including any photos, documents or text) in a way which is accessible to the public (for example, on another website) without prior written authorisation from The 401 Foundation.
Please note that some of the Material (including some documents and photos) has been published on this Website with the permission of the relevant copyright owners (who are not part of The 401 Challenge). All rights are reserved on these documents and permission to copy them must be requested from the copyright owners, please contact The 401 Challenge at email@example.com for further information.
Links to Third Party Websites:
The USA Challenge Website includes links to external websites. We receive many link requests and only link to sites which we believe provide useful information that will be of interest to our users. All requests will be either granted or refused at the discretion of The USA Challenge support team. We will not enter into any correspondence about decisions. If you would like to request a link to your site please email us at firstname.lastname@example.org.
The USA Challenge has no control and therefore takes no responsibility for the content of external internet sites even when we have included a link on our own Website. The existence of a link from our Website to any other website is for information purposes only and does not imply that The USA Challenge endorses the activities or views of that website or the organisation behind the site, nor does it indicate any form of association or partnership on our part. We will not be liable for any loss or damage that may arise from your use of those sites.
These terms and conditions shall be governed and construed in accordance with the laws of England and Wales.
Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
If you have any questions regarding this Website or our terms and conditions you can email us at email@example.com. If you would rather send us a letter, please send for attention of The 401 Challenge, Pure Offices, Kestrel Court, Harbour Road, Portishead, North Somerset, BS20 7AN