Race360.com is a division of Crank Sports,
Inc.TRADEMARKS
Crank Sports®,
e-Gel®, e-Fuel®, Electrolyte Energy® and Electrolyte Energy Gel® are registered
trademarks of Crank Sports, Inc.
Racae360TM,
EnduroVisionTM
,
EnduroWireTM,
and Crank
TrackTM are trademarks of Crank Sports, Inc.
Other trademarks are the acknowledged property of their respective holders.
COPYRIGHT
Copyright Crank Sports, Inc. 2002-2008. All Rights Reserved.
Race360.COM STANDARD TERMS
AND CONDITIONS
This Agreement is
between Crank Sports, Inc. ("Company") and You ("You")
as a user of any Crank Sports web site ("Race360.Com"). By
using Race360.Com, You agree to be bound by all of the terms and
conditions in this agreement. The Company may change the terms and
conditions of this agreement at any time and without prior notice. You agree
to be bound by all of the terms of this, and all future agreements, as long
as You use any Company web site.
Membership
By completing a membership profile, You certify that the e-mail address provided is
accurate and belongs to You. You may only maintain one active
membership with Crank Sports. By accepting this
agreement, You certify that You have no other membership with Crank Sports.
You membership information will be used to grant access and provide customized
services on all Crank Sports web sites (cranksports.com, Race360.com,
enduroWire.com, SponsoredAthletes.com, and any others).
Content and
Submitted Information
"Content"
means any information, expression, or other material and services found on
and Crank Sports web site. All Content is the property of
the Company and is protected under U.S. and international copyright laws and
is intended for individual, personal use only. You may not modify,
retransmit, sell, or copy any of the Content in any way without the prior
authorization of the Company. You are authorized to make a single copy
of any Content for individual, personal use only.
Any
information provided to the Company in connection with any Crank Sports web
site shall be
provided by the submitter and received by the Company on a non-confidential
basis. The Company shall be free to use such information on an unrestricted
basis.
Posted Information
Crank Sports may provide
discussion forums and other content areas that are open to web visitors. If You
choose to post messages to submit content, the name, state and primary
sport that You provide in your profile may be published along with the
Content. Personal contact
information (phone number, fax number, e-mail address, physical address) is
not published on any Crank Sports web site unless you decide to provide this information
in the public version of any submitted Content.
License
Disclaimer
Nothing on any Crank
Sports web site shall be construed as conferring any license under any of
the the Company's or any third party's intellectual property rights, whether
by estoppel, implication, or otherwise.
Content and Liability Disclaimer
The
Company shall not be responsible for any errors or omissions contained on
any Crank Sports web site, and reserves the right to make changes without notice.
Accordingly, all Company and third party information is provided "AS
IS".
COMPANY
DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION (INCLUDING ANY
SOFTWARE) PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions
do not allow the exclusion of implied warranties, so the above exclusion may
not apply to you.
In no event shall the Company be liable for any damages whatsoever, and in
particular the Company shall not be liable for special, indirect ,
consequential, or incidental damages, or damages for lost profits, loss of
revenue, or loss of use, arising out of or related to any Crank Sports web
site or the
information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law or otherwise.
Conduct
You agree to use all Crank Sports web
sites for
lawful purposes only. You may not use, or allow others to use, your membership to:
- Post or transmit any content that
is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening,
harassing, or defamatory;
- Post or transmit any material that
You do not have a right to transmit under law (such as copyright) or
under contractual or fiduciary relationships (as in nondisclosure
agreements);
- Post, transmit, or link to
sexually explicit material;
- Impersonate any person or entity,
or falsely state or otherwise misrepresent your affiliation with a
person or entity;
- Post or transmit statements that
are intentionally false or misleading;
- Post or transmit chain letters or
pyramid schemes;
- Intentionally violate any
applicable law.
You are responsible for
all statements made and acts that occur through the use of your membership and password. You can change your password at anytime on your profile.
The Company may at any
time, and at its sole discretion, terminate your membership
without prior notice to You for violating the above provisions.
The Company reserves the
right to, and may from time to time, monitor any information transmitted or
received through our service. The Company, at its sole discretion and
without further notice to You, may review, remove, or otherwise block any
information that we deem inappropriate or that violates any of this
agreement. You agree to indemnify, defend, and hold harmless the Company
from and against any claim, liability, cost, damage or loss that may incur
(including, without limitation, attorneys fees) as a result of any violation
by You of your obligations under this agreement.
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