Terms of service

OVERVIEW

Welcome to Mountain States Cup! The terms "we", "us" and "our" refer to Mountain States Cup. Mountain States Cup operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping and racing experience (the "Services"). The Services include the Mountain States Cup website at mountainstatescup.com and the MSC Racing mobile application available on the Apple App Store and Google Play (the "App"). Mountain States Cup is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 13 years of age and at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents (age 13 or older) to use the Services on devices you own, purchase or manage. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe your child under 13 has provided us with personal information, please contact us at shawn@mscracing.com so we can delete it.

To use the Services, including accessing or browsing our online stores, purchasing any of the products or services we offer, or creating an account in the App, you may be asked to provide certain information, such as your phone number, email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores and the App is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Mountain States Cup reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Mountain States Cup confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Mountain States Cup may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 — SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Mountain States Cup, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Mountain States Cup, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Mountain States Cup.

Mountain States Cup's names, logos, product and service names, designs, and slogans are trademarks of Mountain States Cup or its affiliates or licensors. You must not use such trademarks without the prior written permission of Mountain States Cup. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Mountain States Cup is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Mountain States Cup. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Mountain States Cup, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Mountain States Cup.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Mountain States Cup, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 — AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. You may also terminate your account at any time by deleting the App from your device and, for accounts created in the App, by following the account deletion process described in Section 26.3.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY MOUNTAIN STATES CUP, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY WARRANTY THAT LIVE TIMING DATA, START LISTS, RESULTS, OR SCHEDULE INFORMATION DISPLAYED IN THE APP WILL BE ACCURATE, COMPLETE, OR AVAILABLE WITHOUT INTERRUPTION. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL MOUNTAIN STATES CUP, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY, APPLE INC., GOOGLE LLC, AND THEIR AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mountain States Cup, Shopify, Apple Inc., Google LLC, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 — SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. You and Mountain States Cup agree that any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the federal or state courts located in Texas, and you consent to the personal jurisdiction and venue of such courts.

SECTION 23 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at shawn@mscracing.com.

Our contact information is posted below:

Mountain States Cup
10139 Bowling Green Dr, Frisco, TX 75035
(720) 266-9620
shawn@mscracing.com

SECTION 26 — MSC RACING MOBILE APP

This Section 26 applies in addition to, and supplements, the rest of these Terms when you download, install, or use the MSC Racing mobile application (the "App") distributed through the Apple App Store or Google Play. In the event of a conflict between this Section 26 and any other provision of these Terms, this Section 26 controls with respect to your use of the App.

26.1 License Grant

Subject to your compliance with these Terms, Mountain States Cup grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on any Apple- or Google-branded device that you own or control, solely for your personal, non-commercial use. This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

26.2 Account Creation

Account creation in the App is free and requires a valid mobile phone number capable of receiving SMS messages. We use a one-time passcode (OTP) sent via SMS to verify your identity. Standard message and data rates from your wireless carrier may apply. By creating an account, you consent to receive an SMS verification code each time you sign in. We do not use your phone number for marketing.

26.3 Account Deletion

You may delete your App account at any time. To delete your account and all associated personal data:

1. Open the MSC Racing app
2. Navigate to More → Account → Delete Account
3. Confirm the deletion

Alternatively, you may request deletion by emailing shawn@mscracing.com from the email address associated with your account, or from the phone number you used to create your account. We will process verified deletion requests within 30 days. Upon deletion, we will permanently remove your phone number, profile information, push notification tokens, and check-in history from our active databases. Anonymized race results, timing data, and aggregated analytics may be retained as permitted by law and as described in our Privacy Policy.

26.4 Push Notifications

The App may request permission to send push notifications. If you grant permission, we may send notifications about race day announcements (such as "Pro Men on course in 10 minutes"), schedule changes, weather delays, results, and similar event updates. You may opt out of push notifications at any time by disabling notifications for the MSC Racing app in your device's system settings, or by toggling notification preferences in the App's More screen.

26.5 Camera and Photo Library

Certain features of the App, such as profile photos and (if enabled) race-day photo sharing, require access to your device's camera and photo library. Access is requested only when you initiate a photo-related action and is governed by the permission prompts displayed by your device's operating system. You may revoke this access at any time in your device settings. Photos you upload may be processed and stored by our image hosting partner, Cloudinary, as described in our Privacy Policy.

26.6 Live Timing Data

The App displays live race timing data, start lists, splits, and results provided by third-party timing services (currently ArtTiming.eu). This information is provided for spectator and informational purposes only and is not the official race result. Official results are determined and published by Mountain States Cup race officials following each event. Timing data may be delayed, incomplete, or inaccurate due to network conditions, hardware failures, or upstream provider issues. You acknowledge that betting, wagering, or making any binding decision based on App-displayed timing data is at your sole risk.

26.7 Race Registration Lookup

The App may query your USA Cycling / BikeReg registration status to display events you are registered for and your assigned race number. We retrieve this information using your email address via the BikeReg Director API. We do not modify or submit registrations through the App; all registration changes must be made directly through BikeReg.com.

26.8 Crash and Performance Reporting

To improve App stability and performance, we use Sentry to collect anonymized crash reports and performance telemetry. Personally identifiable information (such as email and IP address) is stripped from crash reports before transmission. You may not opt out of essential crash reporting, but you may delete your account at any time as described in Section 26.3.

26.9 Race Day Reliability

The App is designed as a companion to, not a replacement for, in-person race day operations. Cellular and Wi-Fi coverage at racing venues is often unreliable. We strongly recommend that racers, parents, and spectators rely on official posted schedules, on-site signage, and announcements from race officials for safety-critical information including start times, course closures, and emergency instructions. Mountain States Cup is not liable for any missed start, missed announcement, or missed safety instruction caused by App unavailability, network failure, device failure, or inaccurate App data.

26.10 Apple App Store EULA Acknowledgment

If you obtained the App from the Apple App Store, you acknowledge and agree that:

• These Terms are concluded between you and Mountain States Cup only, and not with Apple Inc. ("Apple"). Mountain States Cup is solely responsible for the App and its content.
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Mountain States Cup, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Mountain States Cup, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the App (e.g., your wireless data service agreement).
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

26.11 Google Play Acknowledgment

If you obtained the App from Google Play, you acknowledge that Google LLC ("Google") is not a party to these Terms and is not responsible for the App. Your use of the App is also subject to the Google Play Terms of Service. To the extent these Terms conflict with the Google Play Terms of Service with respect to your use of the App obtained through Google Play, the Google Play Terms of Service will control with respect to that conflict only.

SECTION 27 — IN-APP PURCHASES

The App may, from time to time, offer optional in-app purchases such as event photo packs, premium content, or merchandise. All in-app purchases made on iOS are processed through Apple's In-App Purchase system, and all in-app purchases made on Android are processed through Google Play Billing. Purchases are subject to the payment terms of the respective platform. Refund requests for in-app purchases must be submitted directly to Apple or Google, as Mountain States Cup is unable to issue refunds for transactions processed by these platforms. Physical merchandise and event registration purchased through the Mountain States Cup web store remain subject to our Refund Policy.