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Terms of Use

June 20, 2010 by  
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Last Revised: June 30, 2010

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

Welcome to this website (this “Site”), which is owned and operated by Racing For Cancer, Inc., a/an Texas nonprofit corporation (“RFC”).  Your access to, and use of, this Site and the products and services (collectively, the “Services”) found at this Site is subject to the following terms and conditions of use (“Terms of Use“).

Whether you are simply browsing this Site or are/become a registered user, campaign donor, or customer of this Site (collectively, “User“), your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use.

The terms “we”, “us” or “our” shall refer to RFC.  The terms “you”, “your” or “User” shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services found at this Site.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

RFC may, in its sole and absolute discretion, change or modify these Terms of Use, and any current or future corporate policies which are incorporated or referenced herein, at any time and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications or (ii) your use of this Site after such changes or modifications have been posted to this Site as indicated by the “Last Revised” date at the top of this page.  Your continued use of this Site after such revision date constitutes your acceptance of these Terms of Use. If you do not agree to be bound by these Terms of Use, do not use or access (or continue to use or access) this Site.

RFC shall not be liable for any loss or damage resulting from RFC’s reliance on any instruction, notice, document or communication reasonably believed by RFC to be genuine and originating from an authorized representative of you or your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, RFC reserves the right (but undertakes no duty) to require additional authentication from you.

2. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  1. Your use of this Site and the Services found at this Site, including any information you submit, will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
  2. You will not impersonate another User or any other person or entity, or submit information on behalf of another User or any other person or entity, without their express prior written consent.
  3. You will not collect or harvest (or permit anyone else to collect or harvest) any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  4. You will not use this Site or the Services found at this Site in a manner (as determined by RFC in its sole and absolute discretion) that:
  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
  • Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  • Interferes with the operation of this Site or the Services found at this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
  • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding RFC.
  1. You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by RFC.
  2. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  3. You will not access RFC Content (as defined below) through any technology or means other than through this Site itself, or as RFC may designate.

viii.  As required by tax law, Racing For Cancer, Inc. will distribute Federal 1099-MISC forms to participants who receive significant incentives as a result of the funds they contribute. The IRS has set this threshold at $600 per calendar year. As a result, your participation in the contest may result in taxable income for you.

RFC reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

3. YOUR USE OF RFC CONTENT & SECURITY

In addition to the general rules above, the following restrictions and conditions apply specifically to your use of RFC Content.

RFC Content. The content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“RFC Content”), are owned by or licensed to RFC, unless otherwise expressly mentioned, in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. RFC Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of RFC. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. RFC reserves all rights not expressly granted in and to the RFC Content, this Site and the Services found at this Site, and these Terms of Use do not transfer ownership of any of these rights.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any RFC Content) or enforce limitations on the use of this Site or the Services found at this Site, the RFC Content therein.

4. TRADEMARKS AND/OR COPYRIGHT CLAIMS

RFC supports the protection of intellectual property.  If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact us at the address listed below immediately.

5. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by RFC. RFC assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, RFC does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release RFC from any and all liability arising from your use of any third-party website. Accordingly, RFC encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

6. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. RFC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RFC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND RFC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY RFC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL RFC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) (ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT RFC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL RFC’S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT PAID OR DONATED BY YOU FOR THE PARTICULAR SERVICES/PRODUCTS THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

8. INDEMNITY

You agree to protect, defend, indemnify and hold harmless RFC and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by RFC directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms of Use or the corporate policies which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.  The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

9. SUCCESSORS AND ASSIGNS

These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

10. NO THIRD-PARTY BENEFICIARIES

Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

11. U.S. EXPORT LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”).  Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws.  None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or any other denied parties lists under U.S. Export Laws.  By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations).  If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws.  If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site.  The obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

12. COMPLIANCE WITH LOCAL LAWS

RFC makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

13. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

These Terms of Use shall be governed by and construed in accordance with the federal law of the United States and the state law of Texas; whichever is applicable, without regard to conflict of laws principles.  You agree that any action relating to or arising out of these Terms of Use shall be brought in the state or federal courts of Harris County, Texas, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Harris County, Texas.  You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms of Use.

14. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of these Terms of Use are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in these Terms of Use shall for all purposes be construed to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Use to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Use shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

15. CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us by email or regular mail at the following address:

Racing For Cancer, Inc.
P.O Box 79362
Houston, Texas 77279-9362

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