TERMS AND CONDITIONS

 

I.          WELCOME

 

Welcome to www.regattacentral.com (the "Site"). The following terms and conditions (the "Agreement") form a binding agreement between you and RegattaCentral, LLC, an Ohio limited liability company (hereinafter, "RegattaCentral," "we," "us" or "our"). By using this Site or any RegattaCentral Services, you are agreeing to these terms and conditions. These terms will govern your use of the Site and Services. If you do not agree to these terms, you must cease use of the Site and Services. The term "you" refers to the person accessing or using the website, or the company or organization on whose behalf that person accesses the Site or Services.

 

II.         OUR SERVICES

 

From this Site. RegattaCentral provides you the opportunity to register online for regattas and other events (the “Services”).

 

III.        RULES AND CONDITIONS

 

            1.         Use of Site and Services. Your permission to use the Site is conditioned upon your agreement that you: (i) will comply with these Terms and Conditions; (ii) will provide accurate information when creating an account or registering for our Services; and (iii) are solely responsible for your User ID and the activity that occurs while signed in to or while using the Site using your User ID.

 

            2.         Account and User Information. You will need to register by creating an Account with RegattaCentral in order to obtain access to the Services. If you choose to create an Account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will provide or obtain unique log-in credentials (a “Username and Password”) for your Account (collectively, your "User Information"). Access to the RegattaCentral Site and Services is not authorized by any other person or entity using your User Information and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by RegattaCentral may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf. RegattaCentral relies on User Information to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using the User Information associated with your Account we will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User Information. Please notify us immediately if you become aware that your User Information is being used without authorization.

 

            3.         Event Registration/Consent of Parties. RegattaCentral anticipates that you will use this Site and Services to register yourself, and possibly other individuals and organizations, for events. If, in registering for an event, you claim an affiliation with an organization such as a rowing club, team, school, or other third party, you represent that you are doing so with their consent. If you register other individuals or organizations for an event, you represent that are doing so with their consent and that the information you provide is true and accurate. If you register a minor for an event, you represent that you are his/her parent or legal guardian or that you have the explicit consent of his/her parent or legal guardian.

 

            4.         General Rules of User Conduct. In order to make our Site and Services an enjoyable experience for all users, you agree not to do any of the following: (i) attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; (ii) attempt to gain access to secured portions of the Site or Services to which you do not possess access rights; (iii) upload or transmit any form of virus, worm, Trojan horse, or other malicious code; (iv) use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or (v) impersonate another user.

 

            5.         Links to Third Party Sites. This Site may contain links to third party websites that are not controlled by us. These third party links are made available to you as a convenience and you agree to use these links at your own risk. Please be aware that we are not responsible for the content of third party websites linked to our Site nor are we responsible for the privacy policy or practices of third party websites linked to our Site. If you should link to a third party website from our Site, we strongly encourage you to review and become familiar with that website's privacy policy.

 

IV.        GENERAL TERMS

 

            1.         Disclaimers of Warranty. We provide the Site and Services "as is", "with all faults" and "as available." We and our suppliers and Merchants make no express warranties or guarantees about the Site or Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A THE SITE REPRESENTATIVE SHALL CREATE A WARRANTY.

 

            2.         Limitations of Liability. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF REGATTACENTRAL. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES UNDER DISPUTE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

            3.         Indemnity. You agree to defend, indemnify and hold harmless RegattaCentral, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from: (i) your use of and access to RegattaCentral; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any Merchant acts or omissions. This defense and indemnification obligation will survive these Terms and Conditions and your use of RegattaCentral.

 

            4.         Reservation of Rights and Release. RegattaCentral reserves the right, but has no obligation, to monitor, or take any action RegattaCentral deems appropriate regarding disputes that you may have with any Merchants. To the extent the law permits, you release us from any claims or liability related to any content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

 

            5.         Intellectual Property. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “RegattaCentral” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement. The Content on RegattaCentral, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by RegattaCentral. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (the "Marks"). The Marks are owned or licensed to RegattaCentral, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by RegattaCentral is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and Services.

 

            6.         Copyright Notice. We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide us with the following information in writing: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

 

            7.         Electronic Communications. The communications between you and RegattaCentral use electronic means, whether you visit the Site or send us emails, or whether RegattaCentral posts notices on the Site or communicates with you via email. For contractual purposes, you (i) consent to receive communications from RegattaCentral in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that RegattaCentral provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

 

            8.         Entire Agreement, Changes to this Agreement and Waivers. These Terms and Conditions, together with any other legal notices published by RegattaCentral on the Site or any Deal Voucher, shall constitute the entire agreement between you and RegattaCentral. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of RegattaCentral’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of RegattaCentral. No purported waiver or modification of this Agreement by RegattaCentral via telephonic or email communications shall be valid.

 

            9.         Choice of Law, Location for Resolving Disputes, Contact Information. The laws of Ohio (United States) govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and RegattaCentral that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in Franklin County, Ohio. RegattaCentral’s contact information is as follows: 2029 Riverside Dr, Suite 201, Columbus, OH 43221.

 

            10.        General Terms. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. YOU AND THE SITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You represent that you are legally able to accept these Terms and Conditions. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If not, you must cease use of the Site.