TERMS OF USE
Welcome to the Web Site of "NEEDTORACE.com" ('NEEDTORACE') and its online registration services. This web site provides general information about NEEDTORACE and its services and allows you to register for certain services and events sponsored and operated by third parties (collectively, 'Event Sponsor,' which term refers to both sponsors and operators).
All users of the NEEDTORACE Web Site are subject to the following terms and conditions of use (these 'Terms of Use').
Please read these Terms of Use carefully before accessing or using any part of this web site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the NEEDTORACE Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.
NEEDTORACE may modify or supplement these Terms of Use at any time without notice by posting the amended terms to this Web Site. Your continued use of the NEEDTORACE Web Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.
ONLINE REGISTRATIONS AND PURCHASES
These Terms of Use govern all registrations and purchases made through the NEEDTORACE Web Site and any other terms specified on this web site as applicable to such registrations or purchases, which terms are hereby incorporated into these Terms of Use. All confirmed orders are final once payment is submitted. NEEDTORACE does not issue refunds. Any event or service sponsored or operated by an Event Sponsor and any product sold by an Event Sponsor are not the responsibility of NEEDTORACE and you agree to hold NEEDTORACE and its agents harmless from any liability or injury arising from or related to your participation in any such event or service or your purchase of any such product. Event Sponsors have provided some of the information included in this Web Site and NEEDTORACE neither verifies, certifies nor is responsible for the accuracy or completeness thereof. All confirmed orders are final once payment is submitted. Again, NEEDTORACE does not issue refunds.
USE OF THE NEEDTORACE WEB SITE
You agree to use the NEEDTORACE web site only for lawful purposes. Specifically, you agree not to do any of the following: (1) use the NEEDTORACE Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (2) misrepresent an affiliation with any person or organization; (3) restrict or inhibit use of the NEEDTORACE Web Site by others; (4) upload or otherwise transmit files that contain a virus or corrupted data; (5) collect information about others (including e-mail addresses) without their consent; (6) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the NEEDTORACE Web Site or that you have a contractual obligation to keep confidential; or (7) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the NEEDTORACE Web Site, or which, as determined by NEEDTORACE, may harm NEEDTORACE or users of the NEEDTORACE Web Site or expose them to liability.
You understand and acknowledge that you are responsible for whatever you submit to this Web Site and you, not NEEDTORACE, have full responsibility for it, including its legality, reliability and appropriateness. By uploading or otherwise transmitting information or other material to NEEDTORACE or to any area of the NEEDTORACE Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to NEEDTORACE and/or post it to the NEEDTORACE Web Site. You grant to NEEDTORACE the right to use all information or other material you upload or otherwise transmit to NEEDTORACE or the NEEDTORACE Web Site in any manner NEEDTORACE chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
NEEDTORACE reserves the right, but does not assume any responsibility, to (1) remove any information or other material from the NEEDTORACE Web Site which NEEDTORACE, in its sole discretion, deems inconsistent with the foregoing commitments, including anything NEEDTORACE has been notified, or has reason to believe, constitutes copyright infringement; and (2) terminate any user's access to all or part of the NEEDTORACE Web Site. However, NEEDTORACE can neither review all information or other material before it is posted on the NEEDTORACE Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, NEEDTORACE assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. NEEDTORACE reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, NEEDTORACE has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
NEEDTORACE reserves the right to modify, reject or eliminate any information residing on or transmitted to the NEEDTORACE Web Site. Your failure to comply with this may result in the termination of your access to the NEEDTORACE Web Site and may expose you to civil and/or criminal liability.
LINKS, THIRD PARTY SERVICES, AND PROMOTIONAL MESSAGES
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against NEEDTORACE with respect to such sites.
NEEDTORACE and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. NEEDTORACE makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither NEEDTORACE nor such third party shall have any liability with respect thereto.
If you choose to correspond, participate in a promotion or engage in transactions with any individual or business found on or through this Web Site, you acknowledge and agree that NEEDTORACE is not a party to, and will not be responsible for, your interaction with such individual or business, including such party's treatment of your information and the terms and conditions applicable to any transaction between you and such party. The terms of your interaction with such party are solely between you and such party. You agree that NEEDTORACE will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such parties on this Web Site.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
NEEDTORACE's use of your personal information and your responsibilities in connection with protecting your privacy are described in the NEEDTORACE Privacy Policy, which is incorporated by reference into these Terms of Use.
DISCLAIMER OF WARRANTIES
You expressly agree that use of NEEDTORACE is at your sole risk. NEEDTORACE is provided on an "AS IS" and "AS AVAILABLE" basis. NEEDTORACE expressly disclaims all warranties of any kind, expressed or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
NEEDTORACE makes no warranty that the NEEDTORACE Site's services will be uninterrupted, secure or error free. NEEDTORACE does not guarantee the accuracy or completeness of any information in, or provided in connection with, the NEEDTORACE Site. NEEDTORACE 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 NEEDTORACE 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
NEEDTORACE shall not be liable for any direct, indirect, incidental, special, or consequential damages, resulting from (1) The used or the inability to use NEEDTORACE or (2) for the cost of procurement of substitute goods and services or (3) resulting from any goods or services purchased or obtained or messages received or transactions entered into through NEEDTORACE or (4) 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 NEEDTORACE has been advised of the possibility of such damages.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to NEEDTORACE or an Event Sponsor or their licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the NEEDTORACE Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer of NEEDTORACE or of an Event Sponsor. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Web Site without the prior written consent of NEEDTORACE, except to: (1) store copies of such materials temporarily in RAM, (2) store files that are automatically cached by your web browser for display enhancement purposes, and (3) print a reasonable number of pages of the NEEDTORACE Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with NEEDTORACE or the applicable owner of such content. Except as expressly authorized by NEEDTORACE in writing, you may not reproduce, sell or exploit for any commercial purposes (1) any part of this Web Site, (2) access to this Web Site or (3) use of this Web Site or of any services or materials available through this Web Site.
COMMENTS AND SUBMISSIONS
Anything that you submit to or through NEEDTORACE or the NEEDTORACE Web Site is non-confidential for all purposes and will not be held in confidence. NEEDTORACE does not want to receive confidential or proprietary information from any user through its web sites. Should you provide NEEDTORACE or its advertisers or business partners with information, including but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on this Web Site, such information shall be deemed to be nonproprietary and non-confidential and shall become the property of NEEDTORACE and you agree that all intellectual property rights therein are transferred to NEEDTORACE. NEEDTORACE assumes no obligation to protect such information from disclosure. The submission of such information to NEEDTORACE shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by NEEDTORACE for any purpose whatsoever and NEEDTORACE shall be free to reproduce, use, display, broadcast, disclose, transmit and distribute the information to others without restriction. NEEDTORACE cannot prevent the "harvesting" of information from this Web Site, and a user may be contacted by NEEDTORACE or unrelated third parties by e-mail or otherwise, within or outside of this Web Site. In addition, while there is no limitation on how a user's information may be used, NEEDTORACE may use your IP address to help diagnose problems with its server and administer this Web Site, or to help identify you and to gather broad demographic information.
TERMINATION
NEEDTORACE reserves the right, at its sole discretion, immediately and without notice to suspend or terminate (1) these Terms of Use; (2) your registration with or ability to access NEEDTORACE and/or any other service provided to you by NEEDTORACE upon any breach by you of the Terms of Use or upon your demonstration of conduct that NEEDTORACE determines to be inappropriate.
COMPLIANCE
The owner of this Web Site is based in the State of Rhode Island, USA. Except as explicitly stated otherwise on this Web Site, NEEDTORACE makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws
APPLICABLE LAW; CONSENT TO JURISDICTION
The NEEDTORACE site (excluding linked sites) is controlled by Garden Gnome from its offices within the State of Rhode Island, United States of America. The NEEDTORACE site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Rhode Island, by accessing the NEEDTORACE Site both you and NEEDTORACE agree that the statutes and laws of the State of Rhode Island, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the NEEDTORACE Site.
You agree that exclusive jurisdiction for any dispute with NEEDTORACE, or in any way relating to your membership or use of NEEDTORACE, resides in the courts of the State of Rhode Island and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Rhode Island in connection with any dispute including any claim involving NEEDTORACE or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
MISCELLANEOUS
If any part of these Terms of Use is unenforceable, the unenforceable part shall be modified to the minimum extent necessary to reflect, as nearly as possible, the original intentions of the parties and the other provisions of these Terms of Use shall remain in full force and effect. NEEDTORACE's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of such provision. Neither a course of dealing or conduct between you and NEEDTORACE nor any trade practices shall be deemed to modify these Terms of Use.