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Terms
of Use
The
use of the Roanoke Cycling Organization (RCO) web site is governed by the policies, terms and conditions set forth below.
Please read them carefully. Your use of the web site indicates your acceptance of these terms and conditions.
Your use of the web site, creating a user account, subscribing to a newsgroup, downloading any materials, submittal of any purchase order
(for membership, event registration and/or products and services) or submittal of membership to
RCO indicates acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any of the above uses, whether or not such terms or conditions are signed by
RCO. RCO reserves the right to make changes to this site and these terms and conditions at any time.
1.
Disclaimers
Disclaimer
of Warranties
YOU
EXPRESSLY AGREE THAT USE OF RCO IS AT YOUR SOLE RISK. THE RCO IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. THE RCO EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT.
THE
INFORMATION ON THE RCO IS PROVIDED WITH THE UNDERSTANDING THAT
NEITHER THE RCO NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE
PARTICIPATING IN THE RCO ARE ENGAGED IN RENDERING LEGAL, MEDICAL,
COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE RCO ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY
SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE
ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON
THE RCO CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH.
YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY
OF THE ACTIVITIES DESCRIBED ON THE RCO
The
RCO makes no warranty that the RCO web site services will
be uninterrupted, secure or error free. The RCO does not
guarantee the accuracy or completeness of any information in, or
provided in connection with, the RCO web site. The RCO is not responsible for any errors or omissions, or for the results
obtained from the use of such information. You understand and
agree that any material and/or data downloaded or otherwise obtained
through the use of the RCO web site is at your own discretion and
risk and that you will be solely responsible for any damage to your own
computer system or loss of data that results from the download of such
material and/or data.
Limitation
of Liability
THE
RCO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE
INABILITY TO USE THE RCO OR (B) FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE RCO OR (D) RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF THE RCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Disclaimer and Limitation of Liability as to
Products and/or Services Sold
Except as expressly stated herein,
RCO makes no representations or warranties, either express or implied, of any kind with respect to products sold on the
RCO web site. Except as expressly stated herein, RCO expressly disclaims all warranties, express or implied, of any kind with respect to products
and/or services sold on the web site, including but not limited to, merchantability and fitness for a particular purpose.
You agree that the sole and exclusive maximum liability to RCO arising from any product sold on the
RCO web site shall be the price of the product ordered. In no event shall
RCO, its directors, officers, employees and/or other representatives be liable for special, indirect, consequential, or punitive damages related to product
and/or service sold.
Disclaimer and Limitation of Liability as to the
RCO web site
The
RCO web site and the materials therein are provided “as is”.
The RCO makes no representations or warranties, either express or implied, of any kind with respect to the
RCO web site, their operations, contents, information, materials or year 2000 compliance.
The RCO expressly disclaims all warranties, express or implied, of any kind with respect to the
site or their use, including but not limited to merchantability and fitness for a particular purpose.
You agree that RCO, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the
RCO web site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential
damages.
Typographical Errors
In the event information provided for rides, calendar events, announcements,
maps, member profiles, services and/or products is posted with the incorrect information (such as dates, phone numbers, descriptions, or an incorrect price on a
product and/or event) due to typographical error or error in pricing or product information received from our suppliers or other parties submitting information on events, the
RCO shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
The RCO shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your order is canceled,
the RCO shall immediately issue a credit to your credit card account in the amount of the charge.
Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that
the RCO is not responsible for the operation of or content located on or through any such site.
Products
and/or Services Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
The RCO reserves the right at any time after receipt of your order to accept or decline your order for any reason.
The RCO reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
All orders placed over $200.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department.
We may require additional verifications or information before accepting any order.
The RCO is a reseller to end user customers and does not accept orders from computer dealers, exporters, wholesalers, or other customers who intend to resell the products offered by
the RCO
Service and Support
All
questions and/or requests are to be directed to
Jurisdiction and Venue
You agree that any legal action brought against
the RCO shall be governed by the laws of the State of Virginia without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the
RCO sites shall be an appropriate federal or state court located in Roanoke City, Virginia.
2. User Submissions and Content
The
RCO
may provide communication areas on the RCO sites, in which
users may post communications. You alone are responsible for the content
of your communications, and the consequences of any such communications.
By submitting content, which shall include your member name, to any
login area of the RCO web site, including message
boards, forums, and chat rooms, you grant the RCO a royalty-free,
perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, communicate to the public, perform and display the
content (in whole or in part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later
developed, for the full term of any rights that may exist in such
content. You also permit any subscriber to access, display, view, store
and reproduce such content for personal use.
In consideration of being allowed to use the
RCO the communication and login areas, you agree:
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not to use the
RCO web site to send or post on message boards or
any place on the RCO web site, any message or material that is
unlawful, harassing, libelous, defamatory, abusive, threatening,
harmful, vulgar, obscene, profane, sexually oriented, threatening,
racially offensive, inaccurate, or otherwise objectionable material
of any kind or nature or that encourages conduct that could
constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or
international law or regulation, or encourage the use of controlled
substances.
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not to impersonate any other person or entity, whether actual or
fictitious, including impersonating an employee or consultant of the
RCO
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not to use an inappropriate member name of any kind.
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not to post or use the
RCO web site to distribute or send any advertising (SPAM),
illegal material of any kind, including but not limited to, illegal
material in the form of text, graphics, video, programs or audio.
Such actions shall constitute a material breach of these Terms of
Use. The RCO reserves the right to delete from the RCO web site any
postings or member names that violate the above terms and will cooperate
fully with any law enforcement officials and/or agencies in the
investigation of any violator or violators.
3.
Registration and Password
You
are responsible for maintaining the confidentiality of your login ID and
password (your "registration"). You shall be responsible for
all uses of your registration, whether or not authorized by you.
You agree to immediately notify the RCO of any unauthorized use of
your registration at
4.
Indemnification
You
agree to indemnify and hold each of the RCO and its officers and
employees harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
use of the RCO the violation of these Terms and Conditions by you,
or the infringement by you, or any other subscriber of your account, of
any intellectual property or other right of any person or entity.
5.
Termination
The
RCO reserves the right, at its sole discretion, immediately and
without notice to suspend or terminate (i) these Terms of Use; (ii) your
registration with or ability to access the RCO and/or any other
service provided to you by the RCO upon any breach by you of the
Terms of Use or upon your demonstration of conduct that the RCO determines to be inappropriate.
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