Race360.com is a division of Crank Sports,
e-Gel®, e-Fuel®, Electrolyte Energy® and Electrolyte Energy Gel® are registered
trademarks of Crank Sports, Inc.
TrackTM are trademarks of Crank Sports, Inc.
Other trademarks are the acknowledged property of their respective holders.
Copyright Crank Sports, Inc. 2002-20012. All Rights Reserved.
CRANK SPORTS AND RACE360.COM STANDARD TERMS
This Agreement is
between Crank Sports, Inc. ("Crank Sports") 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. Crank Sports 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.
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, and any others).
Crank Sports may receive and
store any Personally Identifiable Information ("PII") You enter on any Crank
Sports web site or provide to us in any other way through or via any Crank
Sports web site.
Disclosure of Personally
Identifiable Information to Third Parties
Crank Sports may provide your
PII to or with any third parties under the following circumstances:
A) Event Organizers and Club
When You register for an event or club membership on Race360.com Crank Sports
will provide your PII and all information that You provide during the
registration process to the Event or Club Organizer.
When You make a donation to a Charity or fundraising campaign on Race360.com
through RACE360 Giving, Crank Sports will provide your PII and all information
that You provide during the donation process to the Charity that you are
donating to. If the fundraising campaign is being organized by an Event on
Race360.com, the Event Organizer will also have access to this information.
Crank Sports will NOT give, share or sell this information to any thrid party
except as described below. When You make a donation You have the
option of instructing Crank Sports to NOT SHARE your PII with the Charity or the
C) Merchant Processing Partners
When You make a donation or pay for an event registration or club membership,
your PII along with your credit card information will be transmitted to Crank
Sports' merchant processing partners for the purposes of authorizing and
completing the financial transaction.
D) Compliance with Law and Fraud Protection
Crank Sports may disclose any information without limitation that Crank Sports
deems necessary, without Your prior permission, to comply with any applicable
law, regulation, legal process or government request.
E) Sale or Transfer
In the event of a sale, merger, liquidation, divestiture, dissolution or
transfer of substantially all of the assets of Crank Sports, all information
collected and retained by Crank Sports may be sold, assigned or transferred to
the party acquiring the equity or assets of Crank Sports or the Crank Sports web
site(s) in order to permit the party to continue operation of Crank Sports
and/or the Crank Sports web site(s). By using a Crank Sports web site You
consent to the sale and/or transfer of your information as described in this
means any information, expression, or other material and services found on
and Crank Sports web site. All Content is the property of
Crank Sports 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 Crank Sports. You are authorized to make a single copy
of any Content for individual, personal use only.
information provided to Crank Sports in connection with any Crank Sports web
site shall be
provided by the submitter and received by Crank Sports on a non-confidential
basis. Crank Sports shall be free to use such information on an unrestricted
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.
Nothing on any Crank
Sports web site shall be construed as conferring any license under any of
the Crank Sports' or any third party's intellectual property rights, whether
by estoppel, implication, or otherwise.
Content and Liability Disclaimer
Crank Sports 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
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 Crank Sports be liable for any damages whatsoever, and in
particular Crank Sports 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.
You agree to use all Crank Sports web
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
- 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
- Intentionally violate any
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.
Crank Sports may at any
time, and at its sole discretion, terminate your membership
without prior notice to You for violating the above provisions.
Crank Sports reserves the
right to, and may from time to time, monitor any information transmitted or
received through our service. Crank Sports, 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 Crank Sports
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.
CRANK SPORTS REGISTRATION AGREEMENT AND LIABILITY WAIVER (the "Agreement
registering for an event or club membership on Race360.com You agree to the
following CRANK SPORTS REGISTRATION AGREEMENT AND LIABILITY WAIVER
1. Authority to Register and/or to Act as Agent. You represent and warrant
to Crank Sports, Inc. ("Crank Sports") that you have full legal authority to
complete this event registration on behalf of yourself and/or any party you
are registering (the "Registered Parties"), including full authority to make
use of the credit or debit card to which registration fees will be charged.
As used in this Agreement and Waiver, Crank Sports refers to Crank Sports,
Inc. and any and all subsidiaries, affiliated entities, or entities that
control or are controlled by Crank Sports singly or together and its
officers, employees, contractors, subcontractors and agents.
If you are registering a child under the age of 18 or an incapacitated adult
you represent and warrant that you are the parent or legal guardian of that
party and have the legal authority to enter into this agreement on their
behalf and by proceeding with this event registration, you agree that the
terms of this Agreement and Waiver shall apply equally to all Registered
Parties. By registering a child under 13, you agree and consent to the
collection of that child's information which you provide for the purposes of
YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND
THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY
ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER
PUBLIC ROADS AND FACILITES OPEN TO THE PUBLIC DURING THE EVENT AND UPON
WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN
INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR
INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE
THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU
AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF
YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND
CONVENANT NOT TO SUE CRANK SPORTS FOR ANY AND ALL LIABILITY FROM ANY AND ALL
CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED
3. Limitation of Liability; Disclaimer of Warranties.
CRANK SPORTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE
INABILITY TO USE CRANK SPORTS 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 CRANK SPORTS 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 CRANK SPORTS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF
CRANK SPORTS IS AT YOUR SOLE RISK. CRANK SPORTS IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. CRANK SPORTS 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.
Crank Sports makes no warranty that the Crank Sports sites' services will be
uninterrupted, secure or error free. Crank Sports does not guarantee the
accuracy or completeness of any information in, or provided in connection
with, the Crank Sports sites. Crank Sports 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 Crank Sports 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.
4. Refunds. Crank Sports does not provide refunds for event registrations or
including entry fees, membership fees, processing fees and any other cost or
fees paid with an event registration. All claims for refunds, when
available, must be submitted to the Event that the User registered for.
5. Indemnification. You agree to indemnify and hold each of Crank Sports
harmless from and against any and all damages, costs, claims or demands,
including reasonable attorneys' fees, made by any third party due to or
arising from or relating to your use of Crank Sports or the violation of any
term of this Agreement and Waiver as well as the Standard Terms of
6. Applicable Law; Consent to Jurisdiction. The Crank Sports sites
(excluding linked sites) are controlled by Crank Sports from its offices
within the State of California, United States of America. By completing this
event registration, both you and Crank Sports agree that the statutes and
laws of the State of California, without regard to the conflict of laws
principles thereof, will apply to all matters relating to this event
the Crank Sports sites. You agree that exclusive jurisdiction for any
dispute with Crank Sports resides in the courts of the State of California
and you further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of California in connection with any
dispute including any claim involving Crank Sports or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication
providers and content providers.
7. Severability. You further expressly agree that this Agreement and Waiver
is intended to be as broad and inclusive as is permitted by the law of the
State of California and that if any provision of this Agreement and Waiver
shall be found to be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from this Agreement and Waiver and
shall not affect the validity and enforceability of any remaining
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE
AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND
FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP
SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE
SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR
ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO
THE GREATEST EXTENT ALLOWED BY LAW.