In addition, you may not use PreRace.com’s website(s) in any manner which could disable, overburden, damage, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Services.
No User may modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the Services.
2. FREE AND PAID SERVICES
You may use the content and software that comprise the Services to obtain information, register for events, purchase products, and related purposes. Use of the Services is free for all Users unless indicated and separately agreed upon between you and PreRace.com. Users are obligated to pay for any fee-based Services to which they separately subscribe or purchase, under the specific terms for amounts, timing, and payment method (“Paid Services”).
You hereby authorize PreRace.com to charge your credit card, in advance, for any of the Paid Services to which you subscribe and/or use. You also agree that PreRace.com may use third-party vendors to process all such payment transactions (“Transactions”) and may charge processing fees (“Transaction Fees”).
For registrations to participate or attend an event (“Registrations”), the Transaction Fees shall be the sum of 1) the fee charged by the credit-card processing vendor (“Processing Fee”), and 2) the fee charged by PreRace.com (“PreRace.com Fee”). The PreRace.com Fee shall be one dollar ($1.00) per registration.
3. PROPRIETARY INFORMATION
The Services may be hyperlinked to other websites that are not maintained by, or related to, PreRace.com. Hyperlinks to such sites are provided as a service to Users and are not sponsored by or affiliated with the Services or PreRace.com. PreRace.com has not reviewed any or all of such sites and is not responsible for the content of those sites. PreRace.com is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the User’s own risk, and PreRace.com makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. PreRace.com provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by PreRace.com of that site or any association with its operators.
5. USE OF COMMUNICATION SERVICES
The Services may contain interactive features that may permit communication with other Users or uploading of content (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content which are proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by contract, fiduciary duties or intellectual property laws, including but not limited to copyright and trade secrets, or by rights of privacy or publicity;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
harvests or otherwise collects information about others, including e-mail addresses, without their consent;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized by this Agreement;
solicits funds, advertisers or sponsors;
includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other Users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
amounts to unsolicited or unauthorized advertising, promotional materials, junk-mail or spam, “pyramid” or other like scheme, including contests, chain letters, and surveys;
disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither PreRace.com nor any third party that provides Content to PreRace.com will assume or have any liability for any action or inaction by PreRace.com or such third party with respect to any submission.
PreRace.com does not control or endorse the content, messages or information found in any Communication Service and, consequently, PreRace.com specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts and moderators of a Communication Service are not authorized PreRace.com spokespersons, and their views do not necessarily reflect those of PreRace.com.
You hereby grant to PreRace.com a non-exclusive, sub-licenseable, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, distribute, publicly perform, create derivative works of, publicly display and digitally perform all content, remarks, suggestions, ideas, graphics, or other information communicated to PreRace.com through the Services (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. PreRace.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future PreRace.com operations.
You understand that PreRace.com cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. PreRace.com does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by PreRace.com.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PRERACE.COM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PRERACE.COM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRERACE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PRERACE.COM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT PRERACE.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR ITS CONTENT. PRERACE.COM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information provided through the Services and associated websites, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the website(s), and PreRace.com does not undertake any obligation to update such information after it is posted or to remove such information from the Services if it is not, or is no longer accurate or complete.
7. LIMITATION ON LIABILITY
PRERACE.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PRERACE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY TO WHICH YOU REGISTERED THROUGH THE SERVICES; PERSONAL INJURY NOT CAUSED BY PRERACE.COM’S GROSS NEGLIGENCE; COSTS INCURRED OR OTHER CONSEQUENCES DUE TO CANCELLED EVENTS, INCORRECT EVENT INFORMATION, OR ACTIONS OF EVENT ORGANIZERS; THE USE OR INABILITY TO USE THE SERVICES; USE BY YOU OF ANY PRODUCT OR PROGRAM SOLD THROUGH THE SERVICES; OR ANY OTHER MATTER RELATED TO OR ARISING FROM YOUR USE OF THE SERVICES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PRERACE.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO PRERACE.COM FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
8. TERMINATION OR RESTRICTION OF ACCESS
PreRace.com reserves the right, in its sole discretion, to terminate your access to any or all of the Services, or any portion thereof at any time, without notice for any reason whatsoever. PreRace.com reserves the right to permanently prohibit registration, renewal, or reinstatement of an account for any individual User, without notice and for any reason whatsoever, including but not limited to repeated violations of third-party copyrights.
10. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in the Services are the property of PreRace.com or the party that provided the trademarks, services marks, logos, and copyrighted works to PreRace.com. PreRace.com and any party that provided trademarks, service marks, logos, and copyrighted works to PreRace.com retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
All contents of PreRace.com’s Services and websites are: Copyright 2010, PreRace.com. All rights reserved.
11. COPYRIGHT COMPLAINTS
If you are an owner of copyrighted work that you believe has been copied, uploaded, or otherwise accessible via the Services and/or PreRace.com, you may request PreRace.com remove the work by preparing a notice (pursuant to Title 17, United States Code, Section 512(c)(2)(the “Notice”), containing the following information: either a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf; a written description of the copyrighted work you believe is being infringed and the nature of that infringing activity; the location (ex. website address/URL, newspaper/magazine, etc) where the original work or an authorized copy of the work can be found;
the location on PreRace.com or the Services where the copyrighted work that you believe is infringed appears, with sufficient information to permit PreRace.com to locate it; your name, mailing address, telephone and e-mail address; and a statement by you “made under the penalty of perjury” that the information you include in the Notice is correct and that you are either the copyright owner or an authorized representative of the owner.
Send the Notice to Attn: PreRace.com Designated Copyright Agent, c/o PreRace.com, P.O. Box 1376, Boulder, CO 80306, USA or firstname.lastname@example.org ALL INQUIRIES SENT TO THIS ADDRESS NOT RELEVANT TO A CLAIM OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). PreRace.com will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that PreRace.com considers insecure, PreRace.com will be entitled to require the password to be changed and/or terminate your account.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PreRace.com as a result of this agreement or use of the Services.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.