Last updated on [November 30, 2015]
- Content and Intellectual Property.
The trademarks, service marks, trade names and logos, including the “PRCA,” "Professional Rodeo Cowboys Association," "National Finals Rodeo," and "NFR" names and logos and the PRCA slogans used and displayed on the Website, are trademarks of PRCA, and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by PRCA in writing, in any manner that is likely to cause confusion among consumers or likely to dilute such marks, or in any manner that disparages or discredits PRCA.
- Website Use.
- PRCA grants you a license to access and use the Website solely for your own personal and non-commercial purposes. PRCA also authorizes you to print a single copy of the content solely for your personal, non-commercial use, provided that you include any copyright and proprietary notices that are contained in the content as well as the following copyright notice: “Copyright 2015, [Professional Rodeo Cowboys Association, Inc.] All rights reserved.” Any other use of the Website or the content requires the express written permission of PRCA.
- [Registration.] [ONLY APPLICABLE TO PRORODEO.ORG]
- You do not have to create an account in order to use or access certain portions of the Website. If you wish to create an account to use or access features of the Website available only to registered users, you will be required to provide certain personal information, including your age, gender and email address, and you will be required to create a username and a password (collectively, “Registration Information”), which will be used to help protect your account from unauthorized access.
- The username and password you create are for your personal use only. You are responsible for all use of your account and for any actions that take place using your account, whether by you or by another person. You are solely responsible for keeping your password confidential and account information secure, and are required to notify PRCA of any breach of security or unauthorized use of your account. Be sure to log out of your account at the end of each session. If you are aware of any illegal or improper activity on your account, it is your responsibility to inform PRCA immediately.
- If you do not register for the Website, you will not be able to manage your account with PRCA or access member only information and communications. You agree not to gain unauthorized access to the Website, or any account, computer system or network connected to this Website, for example, through hacking, password mining or any other unauthorized means.
- General Disclaimers.
All or a portion of this Website may be temporarily unavailable from time to time for maintenance or other reasons. PRCA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure with respect to the Website. PRCA is also not responsible for any technical malfunction or other problems of any telecommunication network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any Website or combination thereof, including injury or damage to any person’s computer or other device, hardware or software, related to or resulting from using or downloading materials in connection with the internet and/or in connection with the Website.
PRCA has no special relationship with or fiduciary duty to you. You acknowledge that PRCA has no control over, and no duty to take any action regarding:
- Which users gain access to or use the Website;
- What effects the Website may have on users; or
- How users may interpret the Website.
Although PRCA will make reasonable efforts to store and preserve the material residing on the Website, PRCA is not responsible or liable in any way for the failure to store, preserve or access materials you transmit or archive on the Website. You are strongly urged to take measures to back-up preserve copies of any data, material, content or information you post or upload on the Website.
THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRCA AND ANY OF ITS EMPLOYEES, AGENTS, VOLUNTEERS OR SPONSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
FOR THE SAKE OF CLARITY, PRCA DOES NOT WARRANT OR COVENANT:
- THAT THE WEBSITE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION;
- THAT THE WEBSITE WILL BE SECURE OR ERROR-FREE;
- THAT DEFECTS WILL BE CORRECTED; OR
- THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PRCA, NOR ANY OF ITS EMPLOYEES, AGENTS, VOLUNTEERS OR SPONSORS, WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE AND/OR ANY LINKED SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR CONTENT OR ANY LINKED SITE IS TO STOP USING THIS WEBSITE, THE CONTENT, OR LINKED SITE, AS APPLICABLE. YOU ACKNOWLEDGE THAT YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM PRCA AND EACH OF ITS EMPLOYEES, AGENTS, VOLUNTEERS AND SPONSORS, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against PRCA and its affiliates and their respective directors, officers, employees, agents, volunteers and sponsors from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with access to or use of the Website.
You agree to indemnify and hold PRCA and its affiliates and their respective directors, officers, employees, agents, volunteers and sponsors harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with:
- your access to or use of the Website;
- your conduct in connection with the Website;
- any dispute with another user of the Website;
- any materials you submit or make available via the Website.
- Digital Millennium Copyright Act Take-Down Procedure.
PRCA complies with all applicable United States intellectual property law and with the Digital Millennium Copyright Act (“DMCA”). Accordingly, PRCA follows a take-down procedure for any purported intellectual property infringement. If you are a copyright owner or an agent thereof and have a good faith belief that any content available on the Website infringes upon your copyrights, you may submit a copyright infringement notification pursuant to the DMCA by providing PRCA with the following information in writing:
- a description of the copyrighted work that you claim has been infringed, including its location, with sufficient detail so as to permit PRCA to find and verify its existence;
- your contact information, including name, address, telephone number, and email address;
- a statement that you have a good faith belief that the disputed use is infringing or is not authorized by the copyright owner, its agent, or by law;
- a statement, 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; and
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
- Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Submissions of copyright infringement notifications may be sent to PRCA at email@example.com.
PRCA reserves the right in its sole discretion to refuse, suspend, or terminate your access to the Website, or any portion thereof, without notice and for any or no reason. You acknowledge that PRCA has the right to suspend or terminate your access to all or part of the Website without prior notice:
- at the request of law enforcement or other government agencies;
- if the Website is discontinued or materially modified;
- upon the occurrence of any technical or security issues or problems;
- for any other good cause as determined by PRCA.
- In addition, PRCA may terminate individual user accounts due to inactivity. You agree that upon termination PRCA may delete all information related to your account.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor PRCA will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Any claims not subject to arbitration shall be subject to the exclusive jurisdiction of state or federal courts in New York County, New York.
PRCA makes no claims regarding use of the Website or access to the content outside of the United States. If you access the Website or the content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction