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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.

Racae360
TM, 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. 2002-20012. All Rights Reserved.


CRANK SPORTS AND RACE360.COM STANDARD TERMS AND CONDITIONS

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.

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, and any others).

Personally Identifiable Information

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 Organizers
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.

B) Charities
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 Event Organizer.

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 paragraph.

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 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.

Any 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 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 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 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 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.

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. 

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 and Waiver")

By 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 registration.

2. Waiver.
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 PARTY.

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 memberships 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 Conditions.

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 registration, this Agreement and Waiver, the Terms of Use or other use of 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 provisions.

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.