RACE TO ANY PLACE WEB SITE
TERMS OF USE AGREEMENT

Acknowledgement of Terms.  This Terms of Use Agreement (Agreement) is a legally binding agreement between you and The Western Pennsylvania and West Virginia Chapter of the The Leukemia and Lymphoma Society® (the Society) regarding the use of this Race to Any Place Web Site (Web Site) and the products (Sponsors’ Products), services (Services), and information (Content) obtained through this Web Site. By accessing this Web Site or using the Services available through this Web Site, you agree that you have read and understand this Agreement, and agree to all of the terms and conditions in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not use the Services or further access this Web Site. This Agreement together with the Race to Any Place Web Site Privacy Policy (incorporated into this Agreement by reference) constitutes the entire agreement between you and the Society regarding the Web Site and Services and supersedes and replaces any and all prior or contemporaneous agreements, if any, between you and the Society relating to this Web Site.

Agreement Amendment.  The Society may modify this Agreement at any time by posting modifications to this Web Site in the form of a new Terms of Use Agreement. Your continued access to the Web Site or use of the Services after such modifications are made shall signify your agreement to such modifications. We encourage you to periodically review the posted Agreement. You may at any time print, download and/or store a copy of this Agreement. If you experience any difficulty in printing, downloading or storing this Agreement, please contact us at RaceSupport@elias-savion.com. 

Your Eligibility.  The Web Site, Sponsors’ Products and Services are intended only for persons who are of legal age to form legally binding contracts under applicable state law. The Web Site is not intended for, and the Sponsors’ Products and Services are not available to, individuals age 13 or under. The Society may, at its sole and absolute discretion, refuse to accept a person's (or entity's) registration, and may, at any time after accepting registration, refuse to permit a user’s continuing use of the Web Site or Services.

Password and Security.  Certain Sponsors’ Products and Services available on the Web Site require that you register with us identifying a User Name and Password. You are solely responsible for maintaining the confidentiality of any User Name and Password and are fully responsible for all activities that occur under your Password or account. You agree to (i) immediately notify us of any unauthorized use of your Password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. The Society cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Disclosure of Affiliations.  The Society may work with a variety of third parties to provide the Sponsors’ Products and Services available on this Web Site, and/or to provide links to other web sites.  These third parties may include, for example, sponsors who make contributions to the Society and receive advertising space on the Web Site, team sponsors for the Race to Any Place, financial and credit institutions, materials suppliers, web site design, hosting, and maintenance providers, content providers, technology providers, and suppliers of news information and services (Affiliates). These Affiliates may supply information for posting on or access through this Web Site, and but they do not control the Content or policies of this Web Site with the following exception: sponsors who advertise on this Web Site are solely responsible and liable for the content of such advertisements and the services and/or products they represent.

Voluntary Contributons.  You may choose to make a monetary contribution to the Society via this Web Site in a number of different ways. You may choose to make an immediate, binding and non-refundable monetary contribution in a specific amount via your credit card by providing the applicable credit card information to us for our use in processing payment. You may choose to make a non-binding pledge for a future contribution, either in a specific amount, or by sponsoring a participant in the Race to Any Place in a specific amount per mile of the race completed. If you choose to make a non-binding pledge, you may also choose to provide us with your credit card information, or you may choose to request that we invoice you for the amount of your pledge. If you provide your credit card information with your pledge, you must return to the Web Site to confirm your contribution after completion of the race before we will process your credit card payment. We may or may not email you a reminder about your pledge. If we do not receive your confirmation of your pledge via the Web Site, we will invoice you in the amount of your pledge.

Products.  Certain products sold by our sponsors are offered for sale on the Web Site (“Sponsors’ Products”). The ability to purchase Sponsors’ Products via this Web Site is provided as a convenience to you and to our sponsors in acknowledgement of their contributions to the Society. If you choose to purchase products offered on this Web Site, you will be asked to provide credit card information for our use in processing payment on behalf of the applicable sponsor. Any information that you submit to the Society will only be used by the Society in accordance with the Race to Any Place Privacy Policy. Your credit card information will be used only to process your payment, manage your account, and resolve any related disputes in connection with your purchase. The Society does not guarantee the availability of any Sponsors’ Products.  PURCHASES OF SPONSORS’ PRODUCTS ARE NOT REFUNDABLE FOR ANY REASON except as otherwise specifically stated in the Sponsor’s applicable terms of sale.

Third Party Advertisements. 

No Endorsement:  The Web Site may display advertisements for products, services or organizations who contribute to the Society. The display of such advertisements on this Web Site does not constitute endorsement by the Society of the advertisers, or of their products, services or other subject matter of such advertisements.

Right to Reject; Disclaimer of Liability:  The Society reserves the right, but has no obligation, to review the content of such advertisements, and reserves the right to reject any advertisement that the Society believes, in its sole discretion, to be illegal, inaccurate, defamatory, infringing, offensive, or contrary to the objectives of the Web Site in any way. The Society shall have no liability for the inaccuracies of any such advertisements, or liability for any claims, costs, damages, or losses related to any products or services that are the subject matter of such advertisements.

Placement of Advertisements:  The Society will use reasonable efforts to ensure that appropriate advertisements provided by Sponsors participating in the Web Site advertising program are placed in regular rotation for display on the Web Site in accordance with the program descriptions contained on the Web Site. However, visibility of any particular advertisement will be affected by factors beyond the Society’s control, such as, for example, number of visitors to the Web Site, number of Sponsors and advertisements, etc. Therefore, the Society cannot and does not guarantee any particular frequency of visibility for any Sponsor advertisement.

Links to Other Web Sites.  The Web Site may provide links to the web sites or services of others third-party sites. Links to such third-party sites do not constitute any endorsement by the Society of such third-party sites, or the products, content, materials or information presented or made available by such sites.  You acknowledge and agree that the Society, its service providers and representatives, are not responsible for any damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.

Content and Other Information.  The information accessible on this Web Site (Content) is owned by the Society, its Affiliates, or other third parties.  This Content is provided to you solely for your personal use. You may not access or use this Content for commercial, competitive, or any other purposes. Except as otherwise specifically described in this Agreement, you may not republish, post, copy, modify, or distribute any Content except with the express written consent of the Society in each instance. The Society, or its Licensors as applicable, expressly retains all right, title and interest in and to any proprietary content and the related intellectual property rights.  Failure to adhere to these provisions could subject you to serious penalties under federal copyright law.

Downloading and Using Content.  You may copy Content only for your personal use in evaluating information, Services or Sponsors’ Products offered via the Web Site. Any Content downloaded or otherwise obtained through the Web Site or through use of the Services is done at your own discretion and risk. You are solely responsible for any damage or loss that results from the downloading or use of any Content. You hereby release the Society, its directors, officers, employees, agents, service providers and representatives, and each of their respective successors and assigns from any and all actual or alleged damages which may result from your downloading or using any Content.

Modifications to Services/Content.  You acknowledge and agree that the Society may change, modify, amend, suspend or discontinue any aspect of the Web Site, Sponsors’ Products, Services or Content at any time, without notice and without liability to any you or any third party.

Intellectual Property.  You acknowledge and agree that the Web Site, Products, Services, Content, and any necessary Software used in connection the Web Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Society or its licensors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Products, Services or the Software, in whole or in part.

The Society grants you a personal, non-transferable, non-exclusive, revocable right and license to use the object code of its Software solely for the purpose of accessing the Web Site and using the Services, and provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Web Site or Services. You agree not to access the Services by any means other than through the interface that is provided by the Society for doing so.

The Society and its logos are trademarks or service marks of the Society.  No display or use of such marks may be made without the express written permission of the Society.

Disclaimer of Warranties.  THE SOCIETY AND ITS REPRESENTATIVES DO NOT MANUFACTURE, MODIFY, OR OFFER SERVICES RELATED WITH ANY SPONSORS’ PRODUCTS. SPONSORS’ PRODUCTS MAY BE SUBJECT TO WARRANTIES PROVIDED BY THE APPLICABLE SPONSOR OR MANUFACTURE, BUT THE SOCIETY DOES NOT PROVIDE ANY WARRANTY FOR SPONSORS’ PRODUCTS.
THE WEB SITE, SPONSORS’ PRODUCTS, SERVICES AND CONTENT MADE AVAILABLE ON OR THROUGH THE WEB SITE ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY OF INFORMATIONAL CONTENT.

THE SOCIETY AND ITS AFFILIATES DO NOT WARRANT THAT THE PRODUCTS, SERVICES OR THE FUNCTIONS, FEATURES OR INFORMATION CONTAINED THEREIN OR ON THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT, ADVERTISEMENTS, SERVICES, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEB SITE OR THE SERVICES, WILL BE ACCURATE, FREE FROM DEFECT, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability:  IN NO EVENT SHALL THE SOCIETY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS OR DAMAGES WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT, OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THIS WEB SITE OR ANY SERVICES, SPONSORS’ PRODUCTS OR CONTENT MADE AVAILABLE ON OR THROUGH THIS WEB SITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SOCIETY, ITS SERVICE PROVIDERS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS, OR INACCURACIES OF INFORMATIONAL CONTENT, OR ANY DECISION MADE IN RELIANCE ON THE CONTENT CONTAINED ON OR ACCESSIBLE THROUGH THE WEB SITE.

EXCEPT FOR CLAIMS SPECIFICALLY PERMITTED AGAINST SPONSORS UNDER THE APPLICABLE SPONSOR’S TERMS OF SALE RELATED TO YOUR PURCHASE OF SPONSORS’ PRODUCTS, YOUR SOLE REMEDY AGAINST THE SOCIETY OR ITS AFFILIATES FOR ANY CLAIM IN CONNECTION WITH THIS WEB SITE, THE SPONSORS’ PRODUCTS, SERVICES OR CONTENT IS TO DISCONTINUE USING THIS WEB SITE AND THE RELATED CONTENT AND SERVICES. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN NO EVENT WILL THE SOCIETY OR ITS AFFILIATES BE RESPONSIBLE FOR ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE CAUSED BY YOU OR ANY THIRD PARTY AS A RESULT OF SUCH INDIVIDUAL’S PARTICIPATION IN ANY CAPACITY IN THE Race to Any Place. YOU SPECIFICALLY HEREBY WAIVE ANY AND ALL CLAIMS YOU HAVE OR MIGHT HAVE IN THE FUTURE AGAINST THE SOCIETY OR ITS AFFILIATES IN CONNECTION WITH YOUR PARTICIPATION IN ANY CAPACITY IN THE Race to Any Place.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notices. Any notice to the Society regarding the Web Site, Sponsors’ Products or Services should be directed to Tina Massari, Campaign Director, Western Pennsylvania & West Virginia Leukemia & Lymphoma Society or personally delivered or mailed by certified or other receipted mail service to Western Pennsylvania & West Virginia Leukemia & Lymphoma Society; Two Gateway Center 13N, Pittsburgh, PA 15222.

Any notice to you shall be given by both e-mail and by postal delivery using the addresses given by the you during registration. Notice shall be deemed given within three (3) days after the date of the postal mailing.

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Choice of Law: This Agreement shall be governed by and interpreted in accordance with laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of laws provisions.  The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in the Commonwealth of Pennsylvania.

Waiver. The failure of the Society to exercise or enforce any right or provision of this Agreement will not deemed a waiver of such right or provision.

Survival. The provisions of this Agreement which by their nature would continue beyond termination or expiration of this Agreement shall survive termination or expiration.