Terms & Conditions

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TERMS CONDITIONS

TERMS OF USE

The following terms of use, as amended from time to time (the “Terms of Use”), control your use (whether accessed via web, mobile device, or otherwise) of www.worldbeerraces.com, a website, and any sub-domains thereof (collectively, the “Sites”), owned and operated by World Beer Races LLC, a Wisconsin limited liability company (the “Company”), which, among other things, hosts the Sites to provide information and registration services regarding the Company’s road races and beer festivals across the Midwest (the “Services”). By accessing or using the Sites and/or Services, you agree to be bound by the following:

1.    Use of the Services. Use of the Sites, and the Services offered on or through the Sites, is only for your personal, non-commercial use.  Unless otherwise indicated in these Terms of Use or on the Sites, you may make copies or prints of the content from the Services only as necessary for your personal, internal use.  When using the Sites and/or the Services, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law.

 

2.    Prohibited Uses. 

(a)    Proprietary Rights.  You agree that as between you and the Company, the Company owns, solely and exclusively, all rights, title, and interest in and to the Sites and/or the Services, all the content (including, but not limited to, photographs, graphics and other visuals, copy, text, software, and titles), code, data and materials thereon, the look and feel, design, and organization of the Sites, and the compilation of the content, code, data and materials on the Sites, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein.

 Your use of the Sites and/or the Services does not grant to you ownership of any content, code, data, or materials you may access on or through the Sites.  Except as expressly permitted in these Terms of Use, you may not reproduce, modify, reverse engineer or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Sites, the content thereon, or the Services.  You may not copy or modify the code used to generate the Sites.

 You may not use the Sites, the content thereon, or the Services on or in connection with any other website or application, for any purpose. Furthermore, you will not reproduce or otherwise make accessible on or through any site, application, or platform any profile information about real estate professionals, any images of or information about real estate listings or other data or content available through the Services.

(b)    Search Engines. Public search engines may query the Sites and/or Services and provide an index with links to the Services, only to the extent the same is considered fair use under applicable copyright law.  All other automated queries are prohibited from using the Sites and/or the Services without the prior express consent of the Company.

(c)    Unlawful Use.  You agree that you will not use the Services and/or the Sites in any unlawful manner.

3.    User Information. Privacy.In the course of your use of the Services made available on or through the Sites, you may be asked to provide certain personalized information to the Company (hereinafter, “User Information”).  The Company’s information collection and use policies with respect to the privacy of such User Information are set forth in the Company’s Privacy Policy, which is incorporated herein by reference for all purposes.  You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

 By providing User Information to the Company, you represent to the Company that you have the authority to so provide such User Information, and grant the Company an irrevocable license to use such User Information in any way whatsoever in connection with the Services or in any other  media, to the maximum extent permitted by applicable  law.  Further, by so providing the User Information, you represent that the Company’s use of any User Information will not infringe on the rights of any third-party.  Your account (if applicable) is personal to you and shall not be shared with others, and you are solely responsible for any actions taken via your account.  In the event the Company transfers or distributes any User Information to a third party(ies) pursuant to its provision of the Services, the Company shall not be responsible for, nor shall it make any representations or warranties regarding, such third party(ies).

4.    Links and Third-Parties.  In your use of the Sites and/or the Services, you may link from the Sites to third party websites, or to the Sites from third party websites (collectively, the “Linked Sites”).  You acknowledge and agree that the Company has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.  Links to Linked Sites do not constitute an endorsement or sponsorship by the Company of such websites or the information, content, products, services, advertising, code, or other materials presented on or through such websites.

 The Company disclaims any liability for links from another website to the Sites, or for links to another website from the Sites.  The Company does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws.  Any reliance on or use of the contents of a third party website is done at your own risk, and you assume all responsibilities, consequences, and damages resulting from such reliance or use.

5.    Claims of Copyright Infringement. The Company respects the intellectual property rights of others, and requires that the people who use the Sites and/or the Services do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company at the address provided below:

(a)    Your address, telephone number, and email address, if available, so the Company or its representatives may contact you about your complaint;

(b)    A description of the copyrighted work that you claim has been infringed;

(c)    A description of where the alleged infringing material is located on the Sites and/or the Services;

(d)    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e)    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

(f)    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner, or are authorized to act on the copyright owner’s behalf.

By mail:        World Beer Races, LLC
                       800 Wisconsin Street
                       Unit 89
                       Eau Claire, WI 54701

By e-mail:     info@worldbeerraces.com

6.    Intellectual Property.  The Sites and the Services are the property of the Company, and subject to the intellectual property rights of the Company. ©2018  All rights reserved.. The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Sites, or on content available through the Sites, are registered and unregistered Trademarks of the Company and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders.  Any rights not expressly granted herein are reserved.  

7.    NO WARRANTY.   THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE SITES, ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANDTHE COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.

 THE COMPANY DOES NOT WARRANT THAT THE SITES OR THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  THE COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITES.  

8.    LIABILITY LIMITATION.  EXCLUSIVE REMEDY.IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AGENTS OR PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THESE TERMS OF USE, OR YOUR USE OF, OR YOUR INABILITY TO USE, THE SITES AND/OR THE SERVICES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 THE EXCLUSION OF DAMAGES HEREUNDER IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY PROVIDED BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OR IS OTHERWISE DEEMED UNENFORCEABLE.  IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF YOU OR ANY OTHER USER OR OTHER PERSON ON OR THROUGH THE SITES.  THESE EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST A PROTECTED ENTITY WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, OR IF YOU ARE DISSATISFIED WITH THE SITES OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SAME.

9.    Choice of Law; Disputes. The Company controls and operates the Sites from its offices in the State of Wisconsin, United States of America.  The Company does not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. ALL PARTIES TO THESE TERMS AND CONDITIONS WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY.

 These Terms of Use, and the relationship between you and the Company, shall be governed by the laws of the State of Wisconsin, without regard to conflict of law provisions.  You agree that any cause of action that may arise under the Terms of Use or in connection with the Services shall be commenced and be heard in the appropriate court in Eau Claire County, State of Wisconsin.  You agree to submit to the personal and exclusive jurisdiction of the courts located within Eau Claire County, Wisconsin.  In any dispute arisingunder this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
 

10.    Indemnification; Release. You agree to defend and hold the Company, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any submission of User Information made through your user account on the Sites for the Services.

 You hereby release the Company, its affiliates, and their respective directors, officers, employees, and agents from any and all liability related to any and all claims and demands you may assert against any third party arising out of the Services.

11.    Severability.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of the Terms of Use remain in full force and effect.

12.    Modification. The Company reserves the right in its sole discretion, and at any time and for any reason, to modify or discontinue any aspect or feature of the website or to modify these Terms of Use. In addition, the Company reserves the right to provide you with operating rules or additional terms that may govern your use of the Sites and/or Services (“Additional Terms”).

 Any Additional Terms that the Company may provide to you will be incorporated by reference into these Terms of Use.  To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.  Changes in the Terms of Use will be effective when posted.  Your continued use of the Sites and/or the Services after any changes to the Terms of Use are posted will be considered acceptance of those changes.  You hereby waive any right to receive notice of any such changes.

13.    Assignment. The Company may assign these Terms of Use, in whole or in part, at any time without notice. You may not assign these Terms of Use, or assign, transfer, or sub-license your rights, if any, in the Services without the prior written consent of the Company.

14.    Miscellaneous.  These Terms of Use are the entire and exclusive agreement between the Company and you regarding the Sites and the Services, and these Terms of Use supersede and replace any prior agreements between the Company and you regarding the Sites and the Services. The headings and titles used herein are solely used for the convenience of the parties.  

The Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer, or sub-license your rights, if any, in the Service. Any failure by the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.