1. THIS IS AN AGREEMENT BETWEEN YOU AND PIONEER REGISTRATION SERVICES, LLC D/B/A RUNREG.COM
This is an agreement ("Agreement") between you and Pioneer Registration Services, LLC d/b/a RunReg.com (or, if applicable based on where you live, one of its affiliates) ("Pioneer"). This Agreement governs your use of any Web site or Web page operated by Pioneer (each, a "PIONEER Web Site," and collectively, the "PIONEER Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
PIONEER OFFERS THE PIONEER WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE PIONEER WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW PIONEER MAY MODIFY THIS AGREEMENT
Pioneer reserves the right to change the terms, conditions, and notices under which it offers the PIONEER Web Sites, including any charges associated with the use of the PIONEER Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any PIONEER Web Site. Your continued use of the PIONEER Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any PIONEER Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that PIONEER Web Site, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within a PIONEER Web Site, then the terms in this Agreement shall control.
4. UNLAWFUL OR HARMFUL USE OF THE PIONEER WEB SITES
You will not use the PIONEER Web Sites in any way that is unlawful, or harms Pioneer, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Pioneer Party" and collectively, the "Pioneer Parties") or any customer of a Pioneer Party, as determined in Pioneer's sole discretion. Pioneer may tell you about certain specific harmful uses in a code of conduct or other notices available through a PIONEER Web Site, but has no obligation to do so. You may not use the PIONEER Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the PIONEER Web Sites. Without limiting the generality of this section, you may not use the PIONEER Web Sites in any manner that could damage, disable, overburden, or impair any PIONEER Web Site (or the network(s) connected to any PIONEER Web Site) or interfere with any other party's use and enjoyment of the PIONEER Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the PIONEER Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Pioneer may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the PIONEER Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the PIONEER Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Pioneer related to the PIONEER Web Sites (a "Submission"), you grant Pioneer permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the PIONEER Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Pioneer will not pay you for your Submission. Pioneer may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Pioneer may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Pioneer Parties or any customer of a Pioneer Party.
Your use of any software associated with the PIONEER Web Sites will be governed by the terms and conditions of the end user license agreement ("End User Agreement") accompanying such software. If you receive any software that is not accompanied by an End User Agreement, then Pioneer grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the PIONEER Web Sites and in accordance with this Agreement. Pioneer reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Pioneer or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Pioneer may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the PIONEER Web Sites.
8. INFORMATION AVAILABLE FROM THE PIONEER WEB SITES
Pioneer and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the PIONEER Web Sites, even if such information appears in any e-mail, pager, cell phone or other alerts available through the PIONEER Web Sites. Pioneer and its suppliers do not authorize the use of information available from the PIONEER Web Sites, for any purpose other than the specific use for which its site is intended, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Pioneer does not endorse or recommend any particular product or service. Nothing contained in the PIONEER Web Sites is intended to constitute professional advice.
9. PIONEER MAKES NO WARRANTY
PIONEER PROVIDES THE PIONEER WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PIONEER PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE PIONEER PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PIONEER WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY PIONEER PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE PIONEER WEB SITES, EVEN IF SUCH PIONEER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE PIONEER WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PIONEER PARTY WITH RESPECT TO THIS AGREEMENT OR THE PIONEER WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PIONEER WEB SITES.
11. CHANGES TO THE PIONEER WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE PIONEER PARTIES MAY CHANGE THE PIONEER WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.
As you use the PIONEER Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Pioneer and persons other than Pioneer (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE PIONEER PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT PIONEER IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE PIONEER WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE PIONEER WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE PIONEER WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE PIONEER WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
Pioneer may terminate this Agreement, or terminate or suspend your access to the PIONEER Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the PIONEER Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE PIONEER WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Pioneer, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the Commonwealth of Massachusetts, without reference to conflict of laws principles. If this Agreement is with a Pioneer affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Pioneer affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject PIONEER Web Sites are directed. If this Agreement is with Pioneer, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Hampden County, Massachusetts, USA in all disputes arising out of or relating to the use of the PIONEER Web Sites. If this Agreement is with a Pioneer affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Pioneer affiliate in all disputes arising out of or relating to the use of the PIONEER Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Pioneer may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the PIONEER Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Pioneer with respect to the PIONEER Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Pioneer with respect to the PIONEER Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND PIONEER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PIONEER WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the PIONEER Web Sites are Copyright � 2000 - 2007 and/or its suppliers, 116 Pleasant Street, Suite 368, Easthampton, MA 01027. All rights reserved. Pioneer logo (bike), and/or other Pioneer products and services referenced herein may also be either trademarks or registered trademarks of Pioneer in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
The user submitting the credit card information for on-line registration warrants, represents and agrees as follows:
A. You represent and warrant to Pioneer that you have full legal authority to complete this event registration on Pioneer, including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering third parties, you further represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this event registration. By proceeding with this event registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent. Furthermore, in compliance with the Children�s Online Privacy Protection Act you represent that you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent of such child, and do hereby consent to the collection of such child's personal information by Pioneer.
B. Limitation of Liability; Disclaimer of Warranties. PIONEER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE PIONEER OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH PIONEER OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PIONEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF PIONEER IS AT YOUR SOLE RISK. PIONEER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIONEER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
PIONEER MAKES NO WARRANTY THAT THE PIONEER SITES' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. PIONEER DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE PIONEER SITES. PIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PIONEER SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
C. Indemnification. You agree to indemnify and hold each of Pioneer and its officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Pioneer or the violation of any term of this Liability Waiver or the Pioneer Terms of Service by you.
18. OUR PURCHASE POLICIES
Pioneer�s business is to facilitate on-line registrations, membership purchases and renewals, merchandise purchases and other specified transactions. Your transaction is also subject to terms and conditions as set forth by those organizations.
All transactions are conducted in the currency of the United States of America, unless specifically stated otherwise.
20. PAYMENT METHODS
We accept only VISA, MasterCard, American Express, and Discover payments through the PIONEER Web Sites.
21. INDEPENDENT CONTRACTOR
WE FACILITATE ON-LINE COMMERCE ON BEHALF OF ORGANIZATIONS IN WHICH WE ARE NOT AFFILIATED. WE UNDERTAKE TO MAKE IT VERY CLEAR AT EACH PURCHASE POINT ON OUR WEBSITES EXACTLY FROM WHOM YOU ARE MAKING ANY PURCHASES. WE DO NOT OPERATE AS A REPRESENTATIVE FOR ANY ORGANIZATIONS AND SERVE SOLELY AS AN INDEPENDENT CONTRACTOR FOR THE PURPOSE OF FACILITATING SUCH ONLINE TRANSACTIONS.
22. ORDER CONFIRMATION
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with our Customer Service Department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
23. SERVICE FEES
ORDERS PROCESSED ON OUR WEBSITES MAY BE SUBJECT TO A PROCESSING OR SERVICE CHARGE TO YOU. WE UNDERTAKE TO DISCLOSE FULLY ON OUR CONFIRMATION PAGES THE EXACT NATURE AND AMOUNT OF THE SERVICE OR PROCESSING CHARGES.
WE ARE NOT AUTHORIZED TO APPROVE REFUNDS ON BEHALF OF THE EVENTS OR ORGANIZATIONS FOR WHOM WE ARE FACILITATING ON-LINE TRANSACTIONS. ANY SUCH REFUNDS MAY ONLY BE AUTHORIZED BY SUCH EVENT OR ORGANIZATION, AND, IN GENERAL, REFUNDS ARE NOT AVAILABLE. PLEASE CONTACT CUSTOMER SERVICE FOR THE EVENT OR ORGANIZATION WITH WHOM YOU ARE TRANSACTING FOR ASSISTANCE. OUR SERVICE OR PROCESSING CHARGES ARE NON-REFUNDABLE UNDER ALL CIRCUMSTANCES.
25. LINKS; THIRD PARTY SERVICES; PROMOTIONAL MESSAGES
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against Pioneer with respect to such sites.
In addition, you may order services or merchandise through the Pioneer Sites from other persons not affiliated with Pioneer (�Seller�). For example, you may choose to register for a sporting event and purchase event-related merchandise on the Pioneer Sites. All matters concerning the merchandise and services desired from a Seller, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Pioneer makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Pioneer, nor will Pioneer be construed as a party to such transactions, whether or not Pioneer may have received some form of revenue or other remuneration in connection with the transaction. You agree that Pioneer will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
Pioneer and/or third parties may, from time-to-time, send e-mail messages to you containing advertisements, promotions, etc. Pioneer makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Pioneer nor such third party shall have any liability with respect thereto.
26. REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your login ID an password (your �registration�). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Pioneer of any unauthorized use of your registration.
27. FOR INFORMATION REGARDING THE RUNREG.COM PRIVACY STATEMENT CLICK HERE