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Keystone Website Terms of Service

 

TERMS OF SERVICE FOR KEYSTONERALLIES.ORG

1. ACCEPTANCE OF TERMS

THE KEYSTONE RALLY ASSOCIATION (HEREINAFTER "KRA") PROVIDES THIS WEBSITE AS A SERVICE TO YOU, SUBJECT TO THE FOLLOWING TERMS OF SERVICE ("TOS"), WHICH MAY BE UPDATED ANY TIME WITHOUT PRIOR NOTICE. WHILE USING THIS SERVICE, YOU AND KRA SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO SUCH SERVICES WHICH MAY BE POSTED OR SENT TO YOU FROM TIME TO TIME. ALL SUCH GUIDELINES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TOS. THE MOST CURRENT VERSION OF THE TOS CAN BE VIEWED AT ANY TIME AT HTTP://WWW.KEYSTONERALLIES.ORG/DISPTOS.PHP.

2. DESCRIPTION OF SERVICE

KRA PROVIDES USERS WITH AN APPLICATION FOR SHARING INFORMATION ABOUT SOAP BOX DERBY RACING. WE WILL MAKE EVERY REASONABLE EFFORT TO PROVIDE ACCESS ON DEMAND, HOWEVER NO GUARANTEE OF PERFECT ACCESS AT ALL TIMES CAN BE PROMISED OR PROVIDED. OCCURRENCES SUCH AS EXCESS WEBSITE TRAFFIC, POWER OUTAGES, NATURAL DISASTERS, CHANGES IN LAW, STRIKES AND OTHER ACTS OF GOD MAY FROM TIME TO TIME INTERUPT ACCESS TO THE SITE. IN THESE TIMES, KRA WILL MAKE EVERY REASONABLE EFFORT TO RESTORE ACCESS IN A TIMELY MANNER. KRA WILL NOT ASSUME RESPONSIBILITY FOR ANY CONSEQUENCES RESULTING FROM DISRUPTIONS IN SERVICE.

KRA HAS MADE EVERY REASONABLE EFFORT TO COMPOSE SOFTWARE AND PROGRAMS THAT ARE COMPATIBLE WITH THE BROWSERS AND OPERATING SYSTEMS THAT ARE GENERALLY IN USE ON THE INTERNET. ALL REASONABLE EFFORTS HAVE ALSO BEEN TAKEN TO ENSURE THAT THE PROGRAMS THAT COMPRISE THE SITE ARE FREE OF DEFECTS. KRA WILL NOT ASSUME RESPONSIBILITY FOR ANY CONSEQUENCES RESULTING FROM INCOMPATIBILITY BETWEEN ITS PROGRAMS AND THOSE OF ANY USERS.

3. FOR ENTERTAINMENT PURPOSES ONLY

KRA PROVIDES ITS SERVICES FOR THE PURPOSES OF PRIVATE AMUSEMENT AND ENTERTAINMENT ONLY.

4. LICENSE TO USE SOFTWARE

USERS HAVE A LIMITED LICENSE TO ACCESS AND USE THE SOFTWARE THAT COMPRISES THIS WEBSITE. NO ONE MAY REPRODUCE, COPY, OR REDISTRIBUTE, WHOLE OR IN PART, ANY OF THE SOFTWARE OR CODE THAT CONSTITUTES THE KRA SITE. NO RIGHTS OF ANY KIND, TO ANY OF KRA'S PROGRAMS OR OTHER PROPERTY ARE EXPLICITLY OR IMPLICITLY GRANTED TO ANY USER OF THE SITE.

5. USERNAME AND PASSWORD SECURITY

YOU MAY NEED TO CREATE A USERNAME AND PASSWORD WHEN REGISTERING TO VIEW CERTAIN AREAS OF THE WEBSITE. THE USERNAME YOU PICK WILL BE UNIQUE TO THE WEBSITE AND NO OTHER MEMBER WILL HAVE THE SAME USERNAME. YOUR PASSWORD SHOULD BE SOMETHING EASY TO REMEMBER AND SHOULD NOT BE THE SAME PASSWORD YOU USE TO PROTECT IMPORTANT PERSONAL INFORMATION SUCH AS BANK AND BROKERAGE ACCOUNTS. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE USERNAME AND PASSWORD, AND ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR USERNAME. YOU AGREE TO (A) IMMEDIATELY NOTIFY KRA OF ANY UNAUTHORIZED USE OF YOUR USERNAME OR ANY OTHER BREACH OF SECURITY, AND (B) ENSURE THAT YOU LOG OFF FROM YOUR ACCOUNT AT THE END OF EACH SESSION. KRA CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

6. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. KRA MAKES NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

7. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KRA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES, OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES, OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, OR THE CONTENT.

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAID TO US FOR USING THIS SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

8. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

9. LOCATION OF LAWSUIT

IN THE EVENT OF A DISPUTE THAT CANNOT BE SOLVED BY AMICABLE NEGOTIATION, USERS AND KRA AGREE TO PLACE THEIR DISPUTE BEFORE THE AMERICAN ARBITRATION ASSOCIATION, AT A LOCATION AGREEABLE TO ALL PARTIES INVOLVED.

10. INVALIDITY OF SPECIFIC TERMS

IF ANY PROVISION OF THIS TOS OR ANY DOCUMENT INCORPORATED BY REFERENCE IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THE PARTIES NEVERTHELESS AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO THE PARTIES' INTENTIONS AS REFLECTED IN THE PROVISION, AND THE OTHER PROVISIONS OF SUCH DOCUMENTS REMAIN IN FULL FORCE AND EFFECT.

11. INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD US AND (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.