TERMS OF USE

Welcome to our website.  If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern the website.  If you do not meet or comply with these provisions, you may not use the website.

 

OVERVIEW

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THE TERMS OF USE.

YOUR USE OF THE WEBSITE WILL BE DEEMED TO BE ACCEPTENCE OF THE TERMS OF USE.

This website uses cookies to monitor browsing preferences.  Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.  You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. 

Your use of any information or materials found on this website is entirely at your own risk, for which we will not be liable.  It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements. 

This website contains material that is owned by or licensed to us.  This material includes, but is not limited to, the design, layout, look, appearance and graphics.  Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. 

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.  Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. 

From time to time this website may also include links to other websites.  These links are provided solely for your convenience to provide other information.  The links do not signify that we endorse the website(s).  We have no responsibility for the content of the linked website(s).

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party.  You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings. 

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.  You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.  You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.  You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so.  When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.  Your use of the website and any dispute arising out of such use of the website is subject to the laws of the United States of America.

 

1.  NOTICE/ACCEPTANCE OF TERMS

This Terms of Use Agreement (the “Agreement”) is a contract between you and Buffalo Erie Marathon Association (“BEMA”).    BEMA operates the website found at the address www.Buffalomarathon.com (the “Site”).  This Agreement governs your use of the Site. Be sure that you carefully read and understand this Agreement. By using this Site, you agree to comply with and be bound by these Terms.  If you do not agree to all the terms and conditions (the “Terms”), you are not authorized to use this Site.  BEMA reserves the right to modify the Terms at any time by posting a notice on the home page of the Site.  Your use of the Site after the notice is posted indicates you agree to the changes. 

 

2. ACCESS TO THE SITE

In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access.  System availability and access to the services available on the Site may be limited or unavailable for reasons which may include, without limitation, system performance. BEMA makes no representations, warranties or assurances as to the availability of the Site. 

 

3.  RESTRICTIONS ON USE

You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for other than your personal information. 

Without limiting the generality of the foregoing, you may not:

1. include such content in or with any product or service you create or distribute;

2. reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes of the Site, use of the Site or access to the Site:

3. establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of the BEMA.

4. copy such content onto your or any other Web site or publication; or

5. direct any other person to do any of the foregoing. 

6. Nothing in this Agreement shall be construed as conferring any right under any intellectual property of BEMA, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site. 

 

4. INTELLECTUAL PROPERTY

All BEMA trademarks that appear on the Site are the exclusive property of BEMA and are protected by United States and international laws and treaty provisions.  You may access, download and print materials on this Site solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include BEMA’s copyright notice.  No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials.  You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website without the prior written provision of BEMA. 

5. MODIFICATIONS TO SITE

BEMA reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice.  You agree that BEMA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.  The information and materials contained on the Site are subject to change.  BEMA endeavors to keep the information posted on this Site current, however, such information is subject to change at any time without notice to you and the posted information on this Site may not immediately reflect such changes. 

6.  LINKS

For your convenience, we may provide links to various other websites that may be of interest to you.  BEMA makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content.  BEMA does not control or endorse such websites, nor does it take responsibility for the goods or services provided by its advertisers.  Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of BEMA.  You agree that BEMA shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as a result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify BEMA and its affiliates from and against any Claims incurred as the result of any such dealings.

You may not link to this Website without BEMA’s written permission.   If you are interested in linking to this Website, please contact info@buffalomarathon.com.

7.  NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to BEMA that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions and notices.  You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information though any means not intentionally made available or provided for through the Site.  

8. SCOPE OF USE AND USER EMAIL

You are only authorized to view, use, copy for your records and download small portions of the content (including without limitation text, graphics, software, audio and video files and photos) of this Site for your informational, non-commercial use.

Email submissions over the internet may not be secure and are subject to the risk of interception by third parties. Please consider this before emailing any personal information.  Also, please read our Privacy Policy.  You agree not to submit or transmit any emails or materials through the Site that: (i) are defamatory, threatening or obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws.  BEMA shall not be subject to any obligations of confidentiality regarding any information or materials that ou submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed upon or required by law. 

9.  SPAMMING

Gathering email addresses from BEMA through harvesting or automated means is prohibited.  Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. 

10. NO WARRANTIES

Except as expressly provided otherwise, BEMA disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors.  BEMA disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material in respect of the Site or the use thereof. 

THIS WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH BEMA EXPRESSLY DISCLAIMS.  BEMA DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND BEMA WILL NOT BE LIABLE OR OTHERWUSE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT.  WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE SITE.  BEMA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.  THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY BEMA.  SOME STATES DO NOT ALLOW THE DISCLOSURE OF IMPLIED WARRANTIES, SO THE THIS DISCLOSURE MAY NOT APPLY TO YOU. 

11. LIMITATION OF LIABILITY

You agree that you use BEMA’s services at your own risk.  BEMA specifically disclaims any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, punitive, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on the content (even if BEMA has been advised of the possibility of such damages) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, programs or files, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website or the content.  This limitation of liability may be different in connection with specific products and services offered by BEMA.  Some jurisdictions do not allow the limitation of liability, so this limitation may not apply to you.

12.  INFORMATION COLLECTED BY THIRD PARTIES

BEMA may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with our website.  Our Site does not provide any personal information to these third parties.  This information allows them to deliver targeted advertisements and gauge their effectiveness. 

13.  MISCELLANEOUS

1.  Governing Law.  This Agreement shall be governed in all respects by the laws of the State of New York, without regard to conflicts of law provisions.  The parties agree that any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and/or federal courts in Erie County, New York.

2. Entire Agreement.  This Agreement is the entire and exclusive agreement between the parties, and it superseded all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. 

3.  Amendments.  Neither you nor BEMA may modify or amend this Agreement, in whole or in part without the prior written consent of both you and an authorized representative of BEMA. However, BEMA may replace this Terms of Service Agreement from time to time, and your subsequent use of the Site, or any content, programs or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use.  You are advised to check the Global Terms of Service Agreement regularly for any modifications. 

4. Waiver.  No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and BEMA.  BEMA’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

5. Severability.  If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent.  The invalidity of any part of the Agreement shall not render the remainder of this Agreement invalid. 

6. Miscellaneous.  This Agreement shall inure to the benefit of BEMA and its subsidiaries and affiliates.  Any and all references in this Agreement to BEMA and its affiliates, shall where the context so permits, include BEMA’s directors, officers, employees, contractors and agents.  The headings contained herein are for convenience only and shall have no legal or interpretive effect.  Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site.

7. Assignment.  BEMA may assign its rights and duties under this Agreement to any party at any time without notice to you.