Last Revised: January 2018
Welcome to crca.net the official website of the Century Road Club Association. We may refer to ourselves, on this page, as: “Century Road Club Association,” “CRCA,” the “Club,” “we,” “our,” or “us.” We refer to You as “You” or “Your” or “Yourself.”
By using Our Services, You are agreeing to this Policy and to allow Us to collect, use, store, and transfer Your information, including any Personally Identifiable Information, (as described in Section 1, below) that You provide to us. Please note that this means, regardless of where You live, You will be giving Us permission to transfer Your information to, and to store and process Your information within, the United States of America or other countries where CRCA or Our affiliates, subsidiaries, or agents maintain facilities or business operations.
You should review this Policy carefully, because if You do not agree with Our practices, Your ultimate choice is not to use the Services. If We update this Policy, Your continued use of the Services following the posting of the revised Policy means that You accept and agree to the terms of the revised Policy.
1. Collection of Your Information
A. Information You Provide.
We collect information You provide directly via the Services. For example, We collect information when You become a member, register for a race, coaching session, or marshal assignment, make an online purchase, make a donation, or otherwise communicate or transact with Us through the Services.
The information We collect may include Personally Identifiable Information.
Personally Identifiable Information refers to any information that identifies or can be used to identify the person to whom such information pertains, including without limitation, the following: first and last name, address, phone number, email address, billing information, credit card information, professional affiliation and industry. Personally Identifiable Information does not include information that has been de-identified, or demographic information not connected to an identified individual accessing the Services.
B. Information Collected Automatically.
We may automatically collect certain information about You when You access or use the Services (“Tracking Data”). Tracking Data includes data regarding the number and frequency of users to the Services, the date and time of visits to Our Services, the web sites that users access before and after they visit the Services, and users’ IP addresses, device identifiers, browsers, operating systems, network connected hardware, and internet service providers. Except to the extent required by applicable law, CRCA does not consider Tracking Data to be Personally Identifiable Information. However, Tracking Data may be combined with Your Personally Identifiable Information. To the extent that We combine Tracking Data with Your Personally Identifiable Information, We will treat the combined information as Personally Identifiable Information under this Policy.
The methods that may be used on the Services to collect Tracking Data include:
Log Information: Log information is data about Your use of the Services, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.
Information Collected by Tracking Technologies: Cookies, web beacons (also known as "tracking pixels"), embedded scripts, location-identifying technologies, device fingerprinting, in-app tracking methods, and other tracking technologies now and hereafter developed may be used to collect information about Your interactions with the Services or e-mails, including information about Your browsing and activity behavior.
Web Beacons (“Tracking Pixels”). Web beacons are small graphic images, also known as "internet tags" or "clear gifs," embedded in web pages and e-mail messages. Web beacons may be used to count the number of visitors to the Services, to monitor how users navigate the Services, and to count content views.
Embedded Scripts. An embedded script is programming code designed to collect information about Your interactions with the Services. It is temporarily downloaded onto Your device from Our web server or a third party with whom We work, is active only while You are connected to the Services, and deleted or deactivated thereafter.
Location-identifying Technologies. GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) You for purposes such as verifying Your location and delivering or restricting relevant content based on Your location.
In-App Tracking Methods. There are a variety of tracking technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps. You can stop all collection of information via Our mobile applications by uninstalling them. Also, You may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in Your mobile device.
For further information on tracking technologies and Your choices regarding them, please see Section 8 below.
C. Information from Events. We may combine information collected through Your participation in Events with information We have collected about You through the Services. To the extent We combine Event information with Personally Identifiable Information We have collected about You on the Services, We will treat the combined information as Personally Identifiable Information under this Policy.
D. Information from Other Sources. We may obtain information about You from other sources, including service providers and third party services, and combine such information with information We have collected about You. To the extent We combine such third party sourced information with Personally Identifiable Information We have collected about You on the Services, We will treat the combined information as Personally Identifiable Information under this Policy. We are not responsible for the accuracy of any information provided by third parties or third party policies or practices.
2. How We Use Your Information
We may use information about You, including Your Personally Identifiable Information, for any purpose consistent with Our statements under this Policy, including to:
Manage Your registration, memberships, purchases, volunteer activities, clinics, and donations.
Respond to Your requests or correspondence, and provide customer service.
Send You technical notices, updates, security alerts, information regarding changes to Our policies, and support and administrative messages.
Prevent and address fraud, breach of policies or terms, and threats or harm.
Assist with system administration, load balancing metrics, and to create reports on user demographics and Services traffic patterns.
Conduct research, including focus groups and surveys.
Manage Your race data, including race activity and results.
Improve the Services and related applications, marketing efforts, products and services.
Send You advertisements and communicate with You regarding Our and third party products, services, offers, promotions, rewards and events We think You may be interested in (for information about how to manage these communications, see Sections 8 and 9 below).
Fulfill any other CRCA mission related purpose or purpose disclosed at the time You provide Personally Identifiable Information.
3. How We Share Your Information
We may employ third party agents or third party service providers to operate the Services and to perform functions on Our behalf, such as sending email, as well as analyzing data or performing other administrative tasks. These third parties have access to information that is needed to perform their functions. We limit such third parties from using the information that We share with them for any reason other than performance of the services for which they have been engaged. However, We are not responsible for such third parties’ use of information not in compliance with this Policy.
We may also share Your information for any purposes consistent with Our statements in this Policy, including in the following situations:
- With other CRCA members depending on the member’s own privacy settings for the disclosure of personal information.
- Member names, applicable sub-team, and race category/field designation will be published by means of a race roster.
- When We hire vendors to perform services on Our behalf, such as helping Us run Our Services, manage races and provide race data, fulfill contests or sweepstakes, administer surveys, process online transactions, execute and optimize marketing/advertising campaigns, and manage and enhance user data.
- With Our affiliates for internal business purposes.
- Where We are legally compelled to do so. This includes complying with court orders, subpoenas, responding to requests from law enforcement agencies; enforcing contract terms; responding to and resolving any claims (including user complaints); or otherwise protecting the safety of rights (including intellectual property rights) of CRCA, Our business customers, users, or the general public.
- Where We are compelled to do so pursuant to USAC, USADA, or other sport governing body rules.
- For purposes disclosed at the time You provide Personally Identifiable Information.
- With Your consent or at Your direction.
4. Data Security
We take reasonable precautions to secure and protect the information on Our systems. Unfortunately, no data transmission over the internet can be 100% secure and, accordingly, We cannot guarantee or warrant the security of any information You disclose or transmit to Us online.
The safety and security of Your information also depends on You. You are responsible for keeping Your password confidential. We ask You not to share Your password with anyone. We urge You to be careful about giving out Information in public areas of the Services like message boards.
5. How You Can Update or Correct Your Information
You can send a message to firstname.lastname@example.org or log-in to Your account to update or correct certain account information We have about You. We will make a good faith effort to make the requested changes in CRCA’s then-active databases as soon as practicable, but it may not be possible to completely update or correct Your information. We reserve the right to retain information (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.
6. Social Networking
You also can engage with Our Services through mobile applications, and other offerings, on or through third party social networking sites, such as Facebook, Instagram or Twitter. When You engage with Our Services on or through third party social networking sites, plug-ins and applications, You allow Us to have access to certain information from Your social media profile (for example, name, e-mail address, photo, gender, birthday, location, Your list of friends, people You follow and/or who follow You, Your posts or ‘likes’) to deliver the content or as part of the operation of the application. We may combine information which We obtain directly through social networking sites or applications with information We obtain directly through the Services or from other sources.
7. External Links
8. Analytics and Advertising Tracking Technologies.
We may use service providers for analytics services. These analytics services may use tracking technologies to help Us analyze Services users and how they use the Services. Information generated by these services (e.g., Your IP address and other Tracking Data) may be transmitted to and stored by these service providers on servers in the U.S. (or elsewhere) and these service providers may use this information for purposes such as evaluating Your use of the Services, compiling statistic reports on the Services’ activity, and providing other services relating to Services activity and other internet usage.
We may also engage and work with third parties to serve advertisements on the Services and/or on third party services. These third parties may use tracking technologies to tailor ads to Your interests based on Your browsing of the Services and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising, which may include sending You an ad on a third party service after You have left the Services (i.e., “retargeting”).
You may choose whether to receive interest-based advertising by submitting opt-outs. Some of the advertisers and service providers that perform advertising-related services for Us and Our partners may participate in the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. To learn more about how You can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and Your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if You are able to opt out of certain kinds of interest-based advertising, You may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain interest-based advertising to You, but does not mean You will no longer receive any targeted content and/or ads (e.g., from other ad networks). CRCA is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
Your browser settings may allow You to automatically transmit a “Do Not Track” signal to online services You visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, We do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
We will inform Our users of changes to this Policy by posting such changes on Our Services. However, if We are changing this Policy in a manner that might cause disclosure of information We previously advised would not be disclosed, We will contact Our users to allow such users to prevent such disclosure.
10. Choice of Law
This Policy shall be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Policy shall be filed only in the state or federal courts located in the County and State of New York, and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any action and waive any claim that such courts are an inconvenient forum for such actions.
11. International Transfer.
We are based in the U.S. and the information We and Our service providers collect is governed by U.S. law. If You are accessing the Services from outside of the U.S., please be aware that information collected through the Services may be transferred to, processed, stored and used in the U.S. Data protection laws in the U.S. may be different from those of Your country of residence. Your use of the Services or provision of any information therefore constitutes Your consent to the transfer to and from, processing, usage, sharing and storage of Your information, including Personally Identifiable Information, in the U.S. as set forth in this Policy.
Our Services are directed to a general audience comprised primarily of adult users. Therefore, for most parts of the Services, We do not collect personal information from children under the age of 13 as defined by the U.S. Children’s Privacy Protection Act (“COPPA”). To the extent that a child under the age of 13 wants to participate in an Event, that child’s parent or legal guardian must register the child under the parent or legal guardian’s account and give consent to CRCA to collect and use the child’s personal information in compliance with COPPA.
If You are a parent or guardian and believe CRCA has collected such information in a manner not permitted by COPPA, please contact Us at email@example.com and We will remove such data to the extent required by COPPA.
13. Contact Us.
Please contact Us if You have any questions or concerns regarding the Services or this Policy.
Last Revised: January 2018
Welcome www.crca.net, the official website of the Century Road Club Association. We may refer to ourselves on this page as: “Century Road Club Association,” “CRCA,” the “Club,” “We,” “Our,” or “Us.” We refer to you as “Member”, “You” or “Your.”
These Terms shall supersede and replace all previous versions thereof. CRCA reserves the right to change the information, features, products, policies, promotions, disclosures, and disclaimers of this Site at any time. Changes to these Terms will be posted on the Site as they occur. You can tell that these Terms have been updated by checking the last revised date posted on the top of this page. Please check these Terms periodically to determine if any changes were made to it since You last visited the Site. Your continued use of the Site following the posting of changes to these Terms means that You have accepted and agreed to such changes.
BY VISITING THE SITE, YOU ACCEPT THE PRACTICES DESCRIBED IN THESE TERMS, UNLESS YOU ARE A CHILD UNDER THE AGE OF 13, IN WHICH CASE YOUR PARENTS ACCEPT THESE TERMS FOR THEMSELVES AND ON YOUR BEHALF. BY USING THIS WEBSITE, YOU CONSENT TO USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
You agree that when You click on “I agree” or another similarly worded “button” or entry field with Your mouse, keystroke, or other computer device, if any, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature. The terms of these Terms also apply to information, data, responses, tracking data, and personally identifiable information that was gathered prior to the date of these Terms (“Prior Data”). We reserve the right to use such Prior Data in accordance with applicable law.
This site is owned by CRCA. Unless otherwise indicated, all materials and content contained on the Site or provided through the Site (including any form of media on or through which any portion of the Site is provided to You), including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, material, software, and the selection and arrangement thereof (“Content”), are the copyrighted property of CRCA, its affiliated entities and/or third parties. All elements of the Site, including Content, are protected by copyright, trade dress, moral rights, trademark, and other laws relating to the protection of intellectual property.
No Content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that You may download into Your local web browser’s cache one copy of the materials for Your personal, non-commercial use only, provided that: (i) You keep intact all copyright and other proprietary notices, (ii) You make no modifications to the Content, (iii) You do not use the Content in a manner that suggests any association with any of Our products, services, or brands or the products, services, or brands of any other person, and (iv) You do not download any of the Content to a database that can be used to avoid future access to the Site for access to such downloaded materials.
The Content, and all CRCA trademarks, service marks, brands, trade dress, logos, characters, and trade names, including, but not limited to, “Century Road Club Association,” “CRCA,” “Century Road Club Development Foundation,” the CRCA logo design; as well as the domain names (registered and unregistered) associated with the foregoing, are proprietary to CRCA and are protected by United States and International Copyright law, trademark law, and other laws. Other than as permitted in Section 1, above, or as permitted by applicable law, You may not copy, reproduce, republish, upload, post, transmit, or distribute Content or information available on or through this Site in any way without prior, CRCA written approval.
A. Member Registration Data: If You register for any portion of this Site, You agree to provide CRCA with accurate, complete, and updated information to Your account (“Account”). Failure to do so will constitute a breach of these Terms, which, in CRCA’s sole discretion, may result in the immediate termination of Your rights to use the Account and your membership in CRCA. You acknowledge and agree that CRCA may rely on the contact information in Your Account to send You important information and notices regarding Your Account and the Site. You acknowledge and agree that CRCA shall have no liability associated with or arising from Your failure to maintain accurate information in Your Account, including, but not limited to, Your failure to receive critical information about the Site or Your Account. You further agree that CRCA is authorized to verify any information in Your Account.
C. A User may also register a profile on the Site to establish a group account with sub-accounts for such User’s family members, team members, or other people associated with such User. In this case, the primary User shall be considered the Member for the purposes of these Terms and shall be responsible for the sub-accounts such User establishes, and the term “Account,” as it is used herein, shall refer to both the primary User Account as well as any sub-Accounts.
D. This Site may provide You with access to some products and services without You having to register as a User. In each such case Your identification is based on means of identification that the CRCA deems appropriate.
4. Electronic Communications
When You use CRCA, or send emails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by email or by posting notices, disclosures, and other communications. Any communication that We provide to You electronically satisfies any legal requirement that such communication be in writing.
5. Membership Requirements
A. Fees and Payment; Renewal; Cancellation: If You opt to be a Member, You agree to pay all charges relating to Your Account, including applicable taxes, in accordance with any billing terms that may apply to a particular transaction. You must provide CRCA with valid credit card information throughout the time that the Account is open. We will charge the Member’s credit card on the date the Member completes membership registration. Your Account may be suspended for any non-payment, and You may be responsible for any and all bank or service charges incurred in connection with payment of charges to Your Account, and for any costs of collection including reasonable attorneys’ fees.
B. Notice: As the Member, You must provide Us with Your correct and valid email address, and You further agree to update Us of any changes in Your email address or other Account information. We may give a notice to a Member by means of a general notice on the Site, by email to the Member’s email address on record in the Account information provided by the Member, or by written communication sent by mail to the Member’s address on record in such Account information. You may give notice to Us by e-mailing firstname.lastname@example.org. All notices will be deemed given when delivered or, in the case of notices posted on the Site, as of the time of first use of the Account following such posting.
6. Postings and Other On-Site Communications
A. Rights of Use: By transmitting any message or submitting creative ideas, concepts, know-how, techniques, suggestions, picture postings, postings to chat areas, boards, opinions, votes, or materials, or any other form submission (collectively “Submissions”), You are automatically granting CRCA a perpetual, royalty-free, non-exclusive, unrestricted, worldwide, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, or display such messages and Submissions, in whole or in part, in any form, media, or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of the CRCA. This means that anything submitted by You to the Site may be used by CRCA for any purpose, now or in the future, without any payment to, or further authorization by, You. CRCA also has the right, but not the obligation, to use Your name in connection with the broadcast, print, online or other use or publication of Your Submission.
B. Solicited Submissions: At times, CRCA may solicit Submissions from visitors to the Site including, but not limited to, information, ideas, artwork, or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where We solicit the Submission. Your provision of information in response to such solicitation is a grant by You to CRCA of the Rights described above.
C. Unsolicited Submissions: We value Your feedback on the Site. However, when submitting unsolicited Submissions to Us, We cannot assure the protection of any proprietary rights You may assert in any such Submission. As such, We ask that You not send Us any unsolicited Submissions. CRCA assumes no responsibility for reviewing such unsolicited Submissions and We will not incur any liability as a result of any similarities between Your Submissions, solicited or unsolicited, and future CRCA products or programs.
8. Links and Linkage Restrictions
The following restrictions apply to all links to the Site or Common Area from any on-line, cable, wireless, or other wired, service or browser:
A. On-line, cable, wireless, or other sites, services, or browsers created by, licensed by, or substantially associated with any entity that regularly promotes any product, brand, or a “Commercial Site” may not link to the Site without the written permission of CRCA, even if the page/area where the link originates does not promote a product, brand, or service.
B. Sites, services, or browsers other than Commercial Sites (for example, fan sites, chamber of commerce sites, search engines, widely available Internet browsers) (“Permissible Sites”) may link to the Site without written permission of CRCA if such link is: (i) a “word” (as opposed to a “logo”) link; and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
C. The Site logos or any other logo of CRCA or its affiliates (a “logo” link) may not be used to link to the Site without the written permission of CRCA.
D. No link to the Site may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising, or other commercial text or graphics.
E. All links to the Site from a Permissible Site must be to the Site’s home. Links to internal pages within the Site are not permitted without prior written consent of CRCA.
F. The positing or creation of any link to the Site signifies that You have read these Linkage Restrictions and agree to abide by their terms.
CRCA may provide links to other websites. However, We are not responsible for the information collection, use, and disclosure practices of those other websites, and We advise You to check the privacy policies of each such other website before using it, to understand how Your personal information will be handled on each such other website. Our Policy does not apply to any of the other websites to which Our Site links.
9. CRCA Store
A. The CRCA may provide you a link to a page on the Site or a third party site (the “Store”) which allows You to order products (the “Merchandise”) supplied and managed by an independent merchandise vendor. By placing an order in the Store, You acknowledge that such designated third party vendor is exclusively responsible for the fulfillment and shipment of all Merchandise ordered.
B. By placing an order on the Store, You agree to pay the designated third party vendor all amounts in your order, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by CRCA, such third party vendor, or Your credit card issuer.
C. CRCA reserves the right, at its sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
D. Questions relating to the Store, Merchandise, and its fulfillment should be directed to the third party vendor directly.
10. Race Statistics
CRCA may make available on this Site statistics, including statistics generated and/or calculated by CRCA using proprietary calculations and analyses, relating to or arising out of the performance of runners during or in connection with a CRCA race (“CRCA Statistics”). If You use such CRCA Statistics, You agree that: (i) any use, display, or publication of the CRCA Statistics shall include a prominent attribution to the Site in connection with such use, display, or publication; (2) the CRCA Statistics may only be used, displayed, or published for legitimate news reporting or private, non-commercial purposes; (3) the CRCA Statistics may not be used in connection with any sponsorship or commercial identification; (4) the CRCA Statistics may not be used or referred to in connection with any gambling activity (including legal gambling activity); (5) the CRCA Statistics may not be used in connection with any commercial product or service; (6) the CRCA Statistics may not be used in connection with any product or service that presents a live, near-live, or other real-time or archived play-by-play account or depiction of any CRCA race; and (7) the CRCA Statistics may not be used in connection with any web site, product, or service that features a database (in any medium or format) of comprehensive, regularly updated statistics from any CRCA competition or event without the CRCA’s express prior written consent.
11. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1988 (“DCMA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If You believe, in good faith, that materials hosted by CRCA infringe upon Your copyright, You (or Your agent) may request that material be removed, or access to it blocked. Requests, in this respect, should be sent to: email@example.com and firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the material that is claimed to be infringed upon or to be the subject of infringing activity and that You are seeking to have removed or access to which is to be disabled, and information reasonably sufficient to permit CRCA to locate the material;
C. Information reasonably sufficient to permit CRCA to contact You, such as an address, telephone number, and if available, an email address at which You may be contacted;
D. 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
E. A statement that the information in the notification is accurate, and under penalty of perjury, that You are or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
12. Representations, Warranties and Indemnification
You represent, warrant, and covenant that: (i) neither You nor any other person who uses Your Account will use Your Account to perform, suggest, or encourage any fraudulent, illegal, untruthful, or inappropriate activity, and (ii) that You and all other persons who use Your Account will fully comply with the terms of these Terms. You hereby agree to indemnify, defend, and hold Century Road Club Association, its affiliated companies, and all of its and their officers, directors, employees, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees incurred by the Indemnified Parties in connection with any claim or cause of action arising out of the use of Your Account and/or any breach by You, any Member, or any other user of Your Account, of any of the above representations, warranties, and covenants or any other provision of these Terms. You will, and will cause all other persons who use Your Account to, cooperate with use in the defense of any claim. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter that may be subject to indemnification hereunder.
We make no representation, warranty, or endorsement as to the accuracy or reliability of any statement, advice, opinion, content, materials, or information contained in, and/or displayed, uploaded, or distributed by or through the Site. You acknowledge that any reliance upon any such information will be at Your sole risk. We will have the right, in Our sole discretion, to enforce these Terms, or correct any errors or omissions in any portion of the Site, but We have no obligation or duty whatsoever to do so, including any obligation to monitor the Site for such errors or omissions or for violations of these Terms.
THE MATERIALS ON THE SITE (EXPRESSLY INCLUDING ANY FORM OF MEDIA ON OR THROUGH WHICH ANY PORTION OF THE SITE IS PROVIDED TO YOU) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THE ABSENSE OF INACCURACIES IN INFORMATIONAL CONTENT. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WE) ASSUME THE ENTIRE RESPONSIBIITY AND COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN CONNECTION WITH YOUR USE OF THE SITE.
A. Limitation of Liability.
CENTURY ROAD CLUB ASSOCIATION AND ITS AFFILIATES, OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND SERVICES OR RESULTING FROM ANY INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGE FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF DUE TO OUR NEGLIGENCE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. Disputes; Class Waiver; Waiver of Trial by Jury. All claims and disputes in connection with these Terms or the use of any product or service provided by CRCA shall first be resolved via unofficial good faith negotiations among the parties. YOU AND CRCA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall first be resolved by good faith negotiation between the parties. In the event any litigation should arise between You and CRCA in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CRCA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
C. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE VISITOR OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER VISITOR OR USER. All litigation claims and disputes shall be resolved in a court located in New York County, New York.
D. Confidentiality. No part of the procedures of resolution of any claim in any manner shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of You and CRCA, pursuant to court order or unless required by law. Notwithstanding the foregoing, neither You nor CRCA shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
E. Small Claims Court. Notwithstanding the foregoing, either You or CRCA may bring an individual action in small claims court.
15. Termination of Services
CRCA may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site features and services, or restrict Your access to parts or the entire Site, without notice or liability at any time in CRCA’s exclusive discretion, without prejudice to any legal or equitable remedies available to CRCA, for any reason or purpose, including, but not limited to, conduct that CRCA believes violates these Terms or other policies or guidelines posted on the Site, or conduct which CRCA believes is harmful to other Users, to CRCA’s business, or to other information providers. Upon any termination of these Terms, You shall immediately discontinue Your use and access of the Site and destroy all materials obtained from it.
16. Site Directed at United States Visitors
The Site is targeted at and intended for Users residing in the United States. Given the global nature of the Internet, the Site may be accessed by Users residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Users who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access. If You are located outside of the United States, any information You provide will be transferred to the United States. By accessing Our Site and by submitting Your information, You consent to its transfer and storage in the United States and its use as provided for herein.
17. Transfer of Information to Third Parties Upon a Sale or Change of Control
We retain the right to transfer or assign all information contained on the Site pursuant to a merger, consolidation, or other transaction relating to Century Road Club Association if the assignee or acquirer agrees to abide by the terms of these Terms.
18. Other Communications
From time to time, We may email Site Users information regarding important developments affecting Century Road Club Association. We may also email Site Users on occasion regarding the Site. Such emails may be sent to Site Users even if they have not requested to receive any communication from Us.
19. Our Administration of the Site
We may impose limits on certain features, or restrict Your access to parts or all of the Site, without any notice or liability of any kind. We reserve the right to change prospectively the amount of, or basis for determining, any fees or charges for the Site, and to institute new fees or charges for access to portions of the Site effective upon prior notice to Members by posting such changes on the Site or by sending emails to Members. You hereby agree to pay all charges to Your Account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.
20. General Provisions