Professional Rodeo Cowboys Association Website Terms of Use

Last updated on [November 30, 2015]

Please read these terms of use ("Terms of Use") carefully before using the Professional Rodeo Cowboys Association, Inc. ("PRCA") website, its subdomains, and any services made available therein (collectively, this "Website"). By accessing or using this Website, you agree that you have read, understand and agree to comply with and to be bound by these Terms of Use, whether or not you are a registered member of PRCA. These Terms of Use govern your use of this Website and constitute a legal contract between you and PRCA. These Terms of Use concern only this Website, and do not concern any other websites or internet-based services, including websites to which this Website may link. If you do not agree to these Terms of Use, please do not use this Website. For the avoidance of doubt, these Terms of Use do not govern any PRCA membership or permit applications, which shall be governed by the terms available at https://www.prorodeo.org/Portal/Membership/Default.aspx.

By using this Website, you affirm that you are 18 years of age or older, an emancipated minor, or are accessing this Website with the permission of your parent or guardian and are fully able and competent to enter into, to abide by and to comply with these Terms of Use.

Please note that these Terms of Use may change from time to time, effective upon their posting to the Website. Please check the Terms of Use each time you visit this Website for the most current version. These Terms of Use were last updated on [November 30, 2015].

To the extent you have any questions about these Terms of Use, please contact us at [email protected].

Content and Intellectual Property.

All content provided on this Website by PRCA, including any photographs, videos, personal testimonials and articles and all underlying software or technology used in connection with the Website, including all related intellectual property rights, is and remains at all times the property of PRCA. All rights not explicitly granted in these Terms of Use are reserved to PRCA. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you. If you would like to use any of our content, you must first obtain permission from PRCA. Please send any requests for permission to [email protected]. PRCA reserves the right to refuse permission for any or no reason.

You agree not to modify, copy, frame, distribute, reproduce, republish, download, scrape, display, post, transmit, or sell any intellectual property or content appearing on the Website, or create any derivative works based on such content, in any form or by any means, in whole or in part, without PRCA's prior written permission, unless expressly permitted elsewhere in these Terms of Use. You may not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content.

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.

Any use of the content other than as expressly authorized in these Terms of Use or without the prior written permission of PRCA is strictly prohibited and shall immediately terminate your right to access and use this Website. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.

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.
You agree that (i) you will not engage in any activity related to the Website that is contrary to applicable law, regulation, or the terms of any agreements you have with PRCA or any other parties, (ii) you will not commercially exploit any part of the Website, except as expressly permitted by PRCA, (iii) you will not use any information, materials or data contained in the Website for competing rodeos or associations, (iv) you will not obtain any information from the Website using any robot, spider, scraper or other automated means for any purpose and (v) all information and materials contained in the Website, except where otherwise expressly indicated, are owned and controlled by PRCA and your limited license to view and access the Website does not constitute any permission or license to use, reuse, reproduce, distribute or otherwise exploit these materials, in whole or in any part, in any manner whatsoever, except as expressly permitted in these Terms of Use.
Any unauthorized use of the PRCA Website, including but not limited to misuse of any information or content posted to the Website or any other use in violation of these Terms of Use, is strictly prohibited. If you violate any of these Terms of Use, your permission to use and access the Website and the content will automatically terminate.

[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.
You agree to provide accurate, current and complete Registration Information, and to maintain and promptly update the Registration Information to keep it accurate and complete. If PRCA suspects that your Registration Information is inaccurate or incomplete, PRCA may suspend or terminate your account. PRCA reserves the right to use your Registration Information and other non-personal information, and to combine your information with that of others, to better understand the behavior and preferences of users of the Website, to troubleshoot technical problems, to enforce these Terms of Use, to ensure proper functioning of the Website and the Content, and to help improve the Website and the Content. PRCA will not send you any marketing emails or newsletters as a result of your creating an account unless you choose to receive them.
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.

Release.

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.

Indemnification.

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;
your violation of these Terms of Use or of any law or the rights of any third party, including but not limited to intellectual property rights; or
any materials you submit or make available via the Website.

The foregoing defense and indemnification obligation will survive the Terms of Use and your access to or use of the Website. PRCA shall provide notice to you of any such claim, action or demand and may, in PRCA's sole discretion, assist you, at your expense, in the defense or settlement of such claim, action or demand.

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 protected].

Termination

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;
if you engage in any conduct that PRCA believes in its sole discretion violates any provision of the Terms of Use or other incorporated agreements or guidelines or violates the rights of PRCA or third parties;
upon any breach by you of the Terms of Use; or
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.

Miscellaneous.

If any provision of these Terms of Use is found to be invalid, unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and such provision shall be replaced with a valid provision that comes closest to reflecting the intent of such removed provision, and the remaining provisions of these Terms of Use shall continue to be valid and enforceable.

These Terms of Use represent the entire agreement between you and PRCA relating to your right to access and use this Website, and supersede any and all prior or written or oral agreements between you and PRCA with respect to such subject matter.

No waiver by PRCA of any breach or default by you under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default.

You may not assign these Terms of Use or any rights or obligations herein without the prior written consent of PRCA and any attempted assignment in contravention of this provision is null and void and of no force or effect. PRCA has the right to assign these Terms of Use, and any of its rights or obligations herein. These Terms of Use are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.

These Terms of Use are governed by, and must be construed in accordance with, the laws of the United States and the State of New York, as applicable, without giving effect to their principles of conflicts of law. By using the Website, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.

With respect to any and all disputes arising out of or in connection with the Website or these Terms of Use, PRCA and you agree [to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and PRCA do not resolve any dispute by informal negotiation, any other effort] to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.

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.

PRCA and you agree that all disputes arising under these Terms of Use that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in New York. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that PRCA may seek any interim or preliminary relief from a court of competent jurisdiction in New York, necessary to protect its rights or property pending the completion of arbitration.

Any claims not subject to arbitration shall be subject to the exclusive jurisdiction of state or federal courts in New York County, New York.

To the extent permitted by law, any claim or dispute under these Terms of Use must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

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