Terms of Use

PRERACE.COM TERMS OF USE
Last Revised:  August 16, 2010This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between PreRace.com, LLC, a Colorado limited liability company, (“PreRace.com”), and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this website and any associated services. BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER PRERACE.COM SOFTWARE, SERVICES, WEBSITES OR ANY OF PRERACE.COM’S LICENSEES’ SERVICES OR SOFTWARE (COLLECTIVELY “SERVICES”), YOU ARE EXPRESSLY AGREEING TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY PART OF THE SERVICES AND YOU MUST NOT USE OR ACCESS THEM.PRERACE.COM RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN PRERACE.COM’S SOLE DISCRETION.   FURTHERMORE, ANY ADDITIONS OR ENHANCEMENTS TO THE SERVICES SHALL BE COVERED BY THIS THESE TERMS OF USE.  CONTINUED USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES. CERTAIN SERVICES MAY BE SUBJECT TO REGISTRATION, PROCESSING, HANDLING, AND OTHER FEES, AND THESE SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS.  YOU AGREE TO PROMPTLY PAY ANY SUCH FEES AND ADHERE TO SUCH ADDITIONAL TERMS AND CONDITIONS. 1. RESTRICTIONS ON USE

As a condition of your use of the Services you warrant to PreRace.com that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not (and may not authorize any party to) (i) co-brand any of the Services, (ii) frame any website within the Services, or (iii) hyperlink to any Service in any manner that obscures PreRace.com’s hosting or ownership of the framed or hyperlinked content, without the express prior written permission of an authorized representative of PreRace.com.  For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a User the impression that PreRace.com has granted such other party the right to display, publish, or distribute this site or content accessible within this site for commercial purposes. You agree to cooperate with PreRace.com in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

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 material and content accessible through the Services, and any other website owned, operated, licensed, or otherwise controlled by PreRace.com (the “Content”) is the proprietary information of PreRace.com or the party that provided or licensed the Content to PreRace.com, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of PreRace.com, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates PreRace.com’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Services.
4. HYPERLINKS

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.

PreRace.com reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. PreRace.com also reserves the right at all times to disclose any information as necessary to satisfy its own published policies and procedures, and any applicable law, regulation, legal process or governmental request.  PreRace.com may also edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

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.

PreRace.com will treat any personal information that you submit through this site in accordance with its Privacy Policy, which is incorporated by reference into this Agreement and which can be reviewed by clicking on the Privacy Policy hyperlink located at the bottom of the main PreRace.com webpage.
6. DISCLAIMER

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.  

9. INDEMNITY

You will indemnify and hold PreRace.com, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, customers, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Services.

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 copyright@prerace.com  ALL INQUIRIES SENT TO THIS ADDRESS NOT RELEVANT TO A CLAIM OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.

12. SECURITY

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 are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, PreRace.com reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. PreRace.com reserves the right to investigate suspected violations of these Terms of Use.

PreRace.com reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing PreRace.com to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PRERACE.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PRERACE.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PRERACE.COM OR LAW ENFORCEMENT AUTHORITIES.
13. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Colorado, United States of America, without reference to its choice of laws rules. You specifically consent to personal jurisdiction in Colorado in connection with any dispute between you and PreRace.com arising out of these Terms of Use or pertaining to the subject matter or the interpretation hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Denver, Colorado.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

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.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and PreRace.com with respect to 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.

PreRace.com may revise these Terms of Use at any time by updating the document located at this URL.