RACE FOR KIDS TERMS OF USE

Welcome to the website of Youth INC’s “RBC Race for Kids.” The following Terms of Use and Conditions (“Terms”) on this website (“Site”) form a contract between you and Youth INC and operate to govern your use of the Site. Please read these Terms in full before using our Site; by accessing or using this Site, you signify that you have read these Terms and agree to be bound by all of these Terms and our Privacy Policy , whether or not you choose to participate in the Race for Kids or other activities involving Youth INC. If you object to any provision of these Terms, please do not use our Site. Youth INC holds all rights to the content on this Site.

Privacy

Your privacy is very important to us and we designed our Privacy Policy to make important disclosures about how you can use this Site and how we collect and can use your personal information. Our Privacy Policy should be read in conjunction with these Terms before using this Site.

Communications from Youth INC

By providing us with your name, e-mail address, mailing address, phone number, T-shirt size, personal biography, division and business unit, chosen charity, personal fundraising goal, family members’ names and any other personal information you provide, you acknowledge and agree to Youth INC’s treatment of your information as described in our Privacy Policy and consent to being placed on Youth INC’s mailing lists and thereby receiving texts, mail and e-mail correspondence, including periodic newsletters, from Youth INC.  You may remove your e-mail address from our mailing list at any time by clicking the “unsubscribe” link located at the bottom of e-mails from Youth INC.  Although Youth INC will promptly remove your e-mail address from its mailing list, you may still receive any e-mails that are initiated before your e-mail address is removed from the list. Please note that if you wish to re-subscribe in the future, you can simply return to the Site and type in your e-mail address.

Third Party Links

The Site may provide links to third party websites that are not owned or controlled by Youth INC.  Youth INC has no control over and assumes no responsibility for such websites (including any content, terms of use or privacy policy therein). You agree that Youth INC is not responsible for the availability of such external websites, and does not endorse, and is not liable for any content, advertising, products or other materials on such websites. You follow these links and use such third party websites at your own risk. Any links furnished through our Site are provided to you for your convenience and any inclusion of a third party link herein shall in no way be construed as an endorsement by us of the third party, its website(s) or its content. If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site or portions of our Site, and subject to the following conditions:

  • you do not in any way imply, without Youth INC’s express prior written approval, that we are endorsing any services or products;
  • you do not misrepresent your relationship with us or present any false information about us;
  • you do not link from a Site that is not owned by you;
  • the linking does not contain content that may, as determined in our sole discretion, be offensive or controversial, infringe any rights of any other person or violate any applicable local, state, national or international law; and
  • you promptly remove any link to our site upon receiving a written request to do so from Youth INC

If you choose to link to our Site in breach of the Terms, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Indemnification

To the fullest extent permitted by law, and in connection with your use of this Site, you agree to defend, indemnify, and hold harmless Youth INC and its successors and affiliates, as well as its officers, directors, employees, volunteers, agents, licensors, and suppliers, from and against any damages or claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, regardless of whether they are attributable to any act or omission of Youth INC and its successors and affiliates (collectively, “Claims”) that may arise in connection with (1) your use of the Site, (2) your non-compliance with these Terms, (3) your negligent or wrongful conduct, (4) your access to or use of any third party website linked to the Site, (5) your violation of these Terms, (6) your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right, or (7) the infringement by you of any right of any person or entity. This indemnification provision shall apply to third party claims as well as claims between the parties to these Terms. Youth INC reserves the right to participate, at its own expense, in the investigation, settlement and defense of any such Claims.

Property Rights

The content of the Site, including any material, data, communications, text, images, video, sound, and interactive features (collectively, the “Content”) you may view on this Site or access through this Site, including trademarks, service marks and logos, are the property of Youth INC or third party licensees and are protected by copyright and other intellectual property rights under both United States and foreign laws. You may not modify or transfer the Content, or otherwise make use of the Content for any purpose, without Youth INC’s and/or the other respective owner’s prior written permission, except as expressly permitted on the Site. You are permitted to access and use the Content though the provided functionality of the Site for personal non-commercial uses only, provided that: (a) any such uses are not competitive with or derogatory to the Site, and (b) you keep all copyright or other proprietary notices intact without alteration. Please note that this limited consent may be revoked at any time and does not include consent to republish Site Content elsewhere. The trademarks, service marks and logos contained on the Site may not be used in any manner that is likely to discredit Youth, I.N.C. or cause confusion among users. Any other trademarks or service marks appearing anywhere on our Site are the property of their respective owners. To the extent any product name or logo does not appear with a trademark, such omission does not constitute a waiver of any intellectual property rights that Youth INC has established in any of its products, features, service names or logos.

Entire Agreement

These Terms and Privacy Policy form the entire agreement between you and Youth INC regarding use of the Site and supersede and replace any prior understandings, whether oral or written, between you and Youth INC with respect to the site. Please review Youth INC’s Privacy Policy to understand Youth INC’s policies and practices.

Assignment and Severability

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you. If any provision of the Terms 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 that the other provisions of the Terms shall remain in full force and effect.

Applicable Law

We make no representations that the content or the Site is appropriate or that it may be used or downloaded outside of the United States. Access to the Site and/or content may not be legal in certain countries outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

The Site, its content and these Terms shall be construed and interpreted under the laws of the State of New York (the location of our legal representation) without regard to its conflict of law provisions. You and Youth INC agree to submit to the personal and exclusive jurisdiction of the state and federal courts located therein, including, without limitation, for any claim involving Youth INC or its affiliates.

General

The headings contained in these Terms are for convenience only and are not to be used in interpreting these Terms and have no legal or contractual effect. The failure of Youth INC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Disclaimers

THIS SITE AND ALL INFORMATION, PRODUCTS, AND SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT USE OF THIS SITE OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUTH INC, ITS SUCCESSORS AND AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, COMPLETENESS, AVAILABILITY FOR USE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OBTAINED FROM YOUTH, I.N.C. OR THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION, PRODUCTS, OR SERVICES APPEARING ON THIS SITE SHALL BE AT YOUR SOLE RISK, AND YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE HAD REGARDING ANY WARRANTY, EXPRESS OR IMPLIED, ON THE PART OF YOUTH INC AND ITS AFFILIATES REGARDING THE FUNCTIONING AND USE OF THIS SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL YOUTH, I.N.C. OR ITS SUCCESSORS AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER ARISING, INCLUDING ANY SUCH DAMAGES RESULTING FROM A CLAIM BY ANY PARTY RELATING TO THE USE OF THIS SITE OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES, OR YOUR USE OF OR INABILITY TO USE THIS SITE. FURTHERMORE, YOUTH INC AND ITS SUCCESSORS AND AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES RELATING TO THE USE OF THIRD-PARTY SITES LINKED TO THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF YOUTH, I.N.C. WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

© 2015 Youth INC. All Rights Reserved.

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