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Legal Notices
How
You May Use Our Materials
You may download, use and copy the materials found
on the Falmouth Road Race Web Site for your
personal, non-commercial use only, provided that all
copies that you make of the material must bear any
copyright, trademark or other proprietary notice
located on the site which pertain to the material
being copied. Except as authorized in this
paragraph, you are not being granted a license
under any copyright, trademark, patent or other
intellectual property right in the material or the
products, services, processes or technology
described therein. All such rights are retained by
Falmouth Road Race, its subsidiaries and/or any
third party owner of such rights. You may NOT
create framed links to the Falmouth Road Race
Web Site without express written permission from
Falmouth Road Race For specific questions
regarding the website or its contents, please
contact updates@arealink.com.
You are NOT authorized to use any Falmouth Road Race name or
mark in any advertising, publicity or in any other
commercial manner without the prior written consent
of Falmouth Road Race Requests for authorization
should be made to Falmouth Road Race, ATTN: Legal
Department.
TERMS OF USE
Welcome to the Falmouth Road Race Website! Falmouth Road Race ("the Company") maintains this site
("the Site") for your personal shopping through its
Merchandising Agent. Feel free
to browse the Site, but please read these terms of
use ("Terms of Use") before doing so.
Your access to and use of the Site is subject to
the following Terms of Use. The Company may revise
these Terms of Use at any time by updating this
posting. You are bound by any such revisions and
should therefore periodically visit this page to
review the then current Terms of Use to which you
are bound.
By accessing and browsing the Site, you signify
your acceptance of these Terms of Use without
limitation or qualification. If you do not agree to
these Terms of Use, then please do not use the
Site.
Terms of Use
1. Copyrights and Trademarks. Unless otherwise
noted, you should assume that all designs,
graphics, software, content, photographs, video
clips, text and images, displayed on or downloaded
from the Site (collectively, the "Materials") are
either the copyrighted property of the Company, or
are the copyrighted property of third parties and
are used with permission. The Site as a whole is
protected by copyright and trade dress of which all
worldwide rights, titles and interests and in and
to are owned by the Company.
This Site contains many of the valuable trademarks,
names, titles, logos, images, designs, copyrights
and other proprietary materials owned and
registered by Falmouth Road Race and used by the
Company and its subsidiaries throughout the world
(the "Trademarks"). The Trademarks displayed on the
Site are registered and unregistered Trademarks of
Falmouth Road Race
2. No License. Nothing contained on the Site should
be construed as granting, by implication, or
otherwise, any license or right to use any
Trademark displayed on the Site, or any license or
right to use any other trademark, copyright, patent
or other intellectual property right of any other
third party. In the event that you misuse any
Trademark and/or Materials in violation of these
Terms of Use, the Company will aggressively enforce
its intellectual property rights to the fullest
extent of the law, including the seeking of
criminal prosecution.
3. Non-Commercial Use Only. This Site is for your
personal shopping use only. You may download one
single hard copy of Materials displayed on the Site
for non-commercial, personal use only, provided
however, you do not delete or change the copyright,
trademark and other proprietary notices contained
on the Materials. No right, title or interest in
any downloaded Materials is transferred to you as a
result of such downloading. You may not modify,
alter, or change any Materials on the Site or
distribute, publish, transmit, reuse, re-post, or
use any Materials on the Site for any public or
commercial purposes, including without limitation,
any advertising or advertising revenue generation
activity on your own site.
4. Unauthorized Use of Materials. Unauthorized use
of the Materials (including without limitation, the
Trademarks) is strictly prohibited and is a
violation of the rights of the Company and/or other
third parties, including without limitation, under
copyright laws, trademark laws, the laws of privacy
and publicity. The Company neither warrants nor
represents that your use of Materials displayed on
the Site will not infringe rights of third parties
not owned by or affiliated with Falmouth Road Race Notwithstanding and without limiting the
foregoing, certain third party software that may be
downloaded from the Site may be subject to the
terms of any end-user license agreement that may
accompany the download.
5. Product Information Relating to U.S. Only.
Materials and product information on the Site are
subject to change without notice. Information
regarding the Company products and services is
applicable only in the United States (excluding its
territories and possessions) unless otherwise
noted. Some products and services mentioned may not
be available in certain areas. The Company makes no
representations that the Materials in this Site are
appropriate or available for use in other countries
aside from the United States. Those who do access
this Site from other countries are solely
responsible for compliance with local laws of that
country.
6. Limitations of Liabilities. Use of and browsing
in the Site is done at user's own risk.
Neither the Company nor any other party involved in
creating, producing, or delivering the Site shall
be liable for any direct, incidental,
consequential, indirect, or punitive damages
arising out of your access to, or use of, or
inability to use or access the Site, or downloading
of any Materials, from the Site, including without
limitation damage to, or viruses that may infect,
your computer equipment or telecommunications
equipment other property as a result thereof.
While the Company uses reasonable efforts to
include accurate and up to date information and
Materials in the Site, the Company makes no
warranties or representations as to the accuracy,
currency, correctness, completeness, reliability or
otherwise with respect to such information, and
assumes no liability or responsibility for any
omissions or errors (including without limitation
typographical errors and technical errors) in the
content of the Site. You bear all risks of the
completeness, accuracy or usefulness of any
Materials found on the Site.
7. Disclaimer. Without limiting the foregoing, all
Materials on the Site is provided to you "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE
COMPANY DOES NOT ASSUME ANY LIABILITY FOR THE
ACCURATENESS, COMPLETENESS, RELIABILITY OR
USEFULNESS OF MATERIALS DISCLOSED OR ACCESSED ON
THE SITE. THE COMPANY DOES NOT WARRANT THAT THE
MATERIALS ON THE SITE AND THE FUNCTIONS OF THE SITE
ITSELF WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE
OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.
Please note that some jurisdictions may not allow
the exclusion of implied warranties, so some of the
above exclusions may not apply to you. Check your
local laws for any restrictions or limitations
regarding the exclusion of implied warranties.
8. User Comments and Feedback. From time to time,
the Company may ask that you transmit to the Site
by electronic mail your feedback on its products
and/or services. Any communication or material you
transmit or post will be (a) treated as
non-confidential and non-proprietary by the
Company, (b) become the property of the Company,
and the Company shall exclusively now and
hereinafter own all rights, title and interest
therein, and (c) used for any purpose without
restriction by the Company and its subsidiaries,
licensees and affiliates at its sole discretion
without any obligation, compensation or other
liability to you. Such use may be for any purpose
whatsoever, including, but not limited to,
reproduction, disclosure, transmission,
publication, broadcast and posting whole or in
part, in any medium and in any manner on this Site
or otherwise. However, the Company shall be under
no obligation to respond to any such
communication.
9. Submissions. Notwithstanding the foregoing, the
Company maintains a longstanding policy of not
accepting or considering any creative ideas,
suggestions or materials from the public
("Submissions"), and therefore, you should not make
any Submissions to the Company in any
communications through this Site or otherwise.
Nonetheless, if you do send us a Submission,
despite our request not to do so, then such
Submission shall immediately become the property of
the Company and the Company shall exclusively now
and hereinafter own all rights, title and interest
therein. Furthermore, the Company shall be free to
use any Submissions for any purpose whatsoever,
including, but not limited to, developing,
manufacturing and marketing products. The Company
shall not be liable for such use or disclosure of
such Submission or for any similarities in the
Submission to any future operations, programs
and/or services.
10. Third Party Sites. From time to time, this Site
may link to other sites not controlled, operated
maintained by or related to the Company. Such
hyperlinks are provided as a service to users and
are not sponsored by, endorsed or otherwise
affiliated with this Site or with the products and
services of the Company. The Company may have not
reviewed all of the sites linked to the Site and is
not responsible for the content of any off-site
pages or links to any other sites. Viewing all
other sites is at your own risk. Those sites may
collect data or solicit personal information from
you. The Company is not responsible for the privacy
policies of those sites, or the use of any
information those sites may collect.
11. Chats, Discussions and Bulletin Boards. In the
event that the Company may, from time to time,
allow for discussions, chats, postings,
transmissions, bulletin board, and the like on the
Site, the Company is under no obligation to monitor
or review such transmitted information and assumes
no responsibility or liability arising from the
content of any such locations nor for any error,
defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, or
inaccuracy of any such information. You are
prohibited from posting or transmitting any
unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or
profane material or any material that could
constitute or encourage conduct that would be
considered a criminal offense, give rise to civil
liability, or otherwise violate any law. The
Company will fully cooperate with any law
enforcement authorities or court order requesting
or directing the Company to disclose the identity
of anyone posting any such information or
materials.
12. Access. In addition to any remedy that the
Company may have at law or in equity, the Company
may deny access to the Site, or any part thereof,
at any time without notice, to any user, if the
Company determines, in its sole discretion, that
such user has violated any part of these Terms of
Use or has engaged in any activity that is not
respectful of the rights of others. the
Companyís judgements in all respects are
final.
13. Offers. All offers set forth on the Site are
for a limited time only, void where prohibited, and
are subject to the posting of any official rules
pertaining to such offers. In some instances, you
must follow certain registration procedures as set
forth on the Site to avail yourself of a particular
offer.
14. Purchase Terms. With regard to products
available for purchase, the Company has made every
effort to display the products and their colors as
accurately as possible. The colors of products that
you see will depend upon your monitor, and may vary
from actual color. In some instances, weights and
measures may be approximated. The Company is not
responsible for typographical errors regarding
price or any product descriptions. Some products
displayed may be out of stock or discontinued. All
products and prices are subject to change without
notice. The prices displayed are in U.S. Dollars.
Payment is only accepted in U.S. Dollars. Purchases
are subject to applicable taxes to be paid by the
purchaser, and do not include shipping and
handling. Sales tax, where applicable, will be
automatically added to the order upon checkout.
International orders may be accepted on a
case-by-case basis as determined by the Company. In
such instances, the purchaser is responsible for
customs and import duties of the delivery country.
Duties will vary by country.
15. Export Controls. Software from this Site is
further subject to United States Export Controls.
No software from this Site may be downloaded or
exported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the United States has
embargoed goods; or (ii) anyone on the United
States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading
or using the software, you represent and warrant
that you are not located in, under the control of,
or a national or resident of any such country or on
any such list.
17. Relationship. You acknowledge and agree that no
joint venture, partnership, employment, or agency
relationship exists between you and the Company as
a result of your use of the Site.
18. Entire Agreement. These Terms of Use set forth
the entire understanding and agreement between you
and the Company with respect to the Site. You
acknowledge that any other agreements between you
and the Company with respect to the Site are
superseded and of no force or effect.
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