TERMS OF USE
 
 

This Internet web site (“Web Site”) is provided by Foote Sports Productions, Inc.  Your access to and use of this Web Site is subject to the following terms and conditions.

PLEASE READ THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE LEAVE THIS SITE NOW.

Foote Sports Productions reserves the right to update these terms and conditions from time-to-time. Notice of policy updates will be posted to this page and therefore we recommend visiting this page every so often to check for updates as these terms and conditions are binding upon you.

User Restrictions – Registration

This Web Site and the information and services provided may not be used by those under the age of 13.  Access to certain areas of this Web Site and use of certain features require you to register and obtain an Account ID and password.  You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.  Accounts registered by “bots” or other automated methods are not permitted.  Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account login and password.  Foote Sports Productions, Inc. cannot and will not be liable for any loss, damage or liability incurred from your failure to comply with this important security obligation.

Foote Sports Productions, Inc., in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Web Site, or any other Foote Sports Productions, Inc. service, for any reason at any time.  Such termination will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account.  Foote Sports Productions reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Site and Prices

Foote Sports Productions, Inc. reserves the right at any time and from time to time to modify or discontinue the Web Site (or any part thereof), temporarily or permanently, with or without notice. Foote Sports Productions, Inc. reserves the right to charge fees, surcharges and/or membership fees at any time. Foote Sports Productions, Inc. shall not be liable to you or to any third party for any modification, price/fee change, suspension or discontinuance of the Web Site.

Copyright Ownership

The entire content included in this web site, including, but not limited to, text, graphics, logos, audio clips, still pictures, video clips and software (“Content”) is the property of Foote Sports Productions, Inc. and/or its content suppliers and is protected by U.S. and international copyright laws. The web site itself as a collective work is the sole and exclusive property of Foote Sports Productions, Inc. and is protected by U.S. and international copyright laws.

Permitted Uses

You are given permission to use the Web Site and view and download Content hereon solely for your own personal, non-commercial and informational use, provided you do not delete or change any copyright, trademark, or other proprietary notices. You may not display, distribute, modify, perform, reproduce, repost, sell or prepare derivative works based on, or otherwise use any Content in any way for any public or commercial purpose without prior written permission from Foote Sports Productions, Inc.

Team sponsors who are supporters of individual teams are not sponsors for the Hood To Coast Relay, Portland To Coast Walk Relay, or Portland To Coast High School Challenge Relay. Foote Sports Productions, Inc. is not obligated to individual team sponsors, and FSP limits any commercial representation on the race event site.

Copyright Complaints

Foote Sports Productions, Inc. respects the intellectual property of others, and we ask our content partners and members to do the same. If you believe that your copyrighted work has been copied and is accessible on the Foote Sports Productions, Inc. web sites and in a way constitutes copyright infringement, you may notify Foote Sports Productions, Inc. by providing the following information:
a. An identification of the owner of the copyright or the person authorized to act on the owner’s behalf, including an electronic or physical signature.
b. A complete description of the copyrighted work claimed to have been infringed and a description of the nature of the infringing activity.
c. An identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the publication in which it has been published.
d. Identification of the URL or other specific location on the Foote Sports Productions, Inc. operated web site where the material that you claim is infringing is located.
e. Your name, address, telephone number and e-mail address.
f. A signed statement by you stating that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
g. A statement by you, made under the penalty of perjury, that the above information in your notice is correct and that you are the copyright owner or authorized to act on the owner’s behalf.
Foote Sports Productions, Inc. notice of claims of copyright infringement on this web site can be reached as follows: Robert Foote, Foote Sports Productions, Inc., 9655 SW Sunshine Court, Suite 500, Portland, OR 97221.

Trademarks

All trademarks, service marks, trade names and logos used in the web site (including but not limited to the Hood To Coast Relay, Portland To Coast Walk Relay, and Portland To Coast High School Challenge Relay names, the corresponding logos and any of the marks associated with the Hood To Coast Relay, Portland To Coast Walk Relay, and Portland To Coast High School Challenge Relay, and related web sites including, hoodtocoast.com, and portlandtocoastwalk.com (collectively “Trademarks”) are the registered or unregistered Trademarks of Foote Sports Productions, Inc. and/or its licensors. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the written permission of Foote Sports Productions, Inc. or such third party that may own the Trademark displayed on this Web Site. Your use of any Trademark displayed on the Web Site, except as provided herein, is strictly prohibited.

User Postings – Submissions

Foote Sports Productions, Inc. may provide areas within its Web Site upon which users may post notices and/or exchange communications or other content with other users in either an on-line interactive, or off-line, environment, such as via bulletin board, forums, message boards, and the like.

As a user, you are responsible for your own communications and are responsible for the consequences of your posting. You must not engage in any of the following actions:

post materials that are copyrighted, unless you are the copyright owner or have the permission of the copyright owner;
post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
post a sexually-explicit image; post or transmit any advertisements, promotional materials, “junk mail,” “spam,” chain letters, pyramid schemes or any other form of solicitation of business;
impersonate another person or misrepresent your affiliation with any person or organization;
access the Web Site to obtain a list of users of the Web Site;
upload commercial content or use the Web Site to solicit others to join or become members of any other competitive commercial online service; or
access or use any password protected, secure or non-public areas of the Web Site; or frame or link to the Web Site.

Foote Sports Productions, Inc. does not represent or guarantee the truthfulness, accuracy, or reliability or any of communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Foote Sports Productions, Inc. does not screen communications in advance and is not responsible for screening or monitoring material posted by users. Foote Sports Productions, Inc. reserves the right to expel users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which violate the terms of this paragraph.

In addition, while Foote Sports Productions, Inc. desires to receive feedback from its community of users, unless specifically requested by Foote Sports Productions, Inc. in writing, please do not send any creative or original concepts, ideas, materials or products or confidential or proprietary information.

Except as governed by our Privacy Policy, any communication or material you transmit to Foote Sports Productions, Inc. by electronic mail or otherwise, including any data, questions or answers, comments, suggestions, or the like may be, in the discretion of Foote Sports Productions, Inc., treated as non-confidential and non-proprietary by Foote Sports Productions, Inc.

By transmitting any postings to the Web Site or communications to Foote Sports Productions, Inc., you automatically grant Foote Sports Productions, Inc. a royalty-free, perpetual, irrevocable non-exclusive license and agree and acknowledge that Foote Sports Productions, Inc. is free to use any comments, information or ideas contained in any postings or communication you may post or communicate to Foote Sports Productions, Inc. without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the site or other products or services.

Product Orders

Any orders placed with the Hood To Coast Relay or Portland To Coast Relay web sites are subject to acceptance by Foote Sports Productions, Inc. Accordingly, your order may be refused, cancelled or delayed, whether or not previously confirmed, for any or no reason, in the sole discretion of Foote Sports Productions, Inc., without liability to you or any third party. If your credit card has been charged by the Hood To Coast Relay or Foote Sports Productions, Inc. for an order that is subsequently cancelled by the Hood To Coast Relay or Foote Sports Productions, Inc., Foote Sports Productions, Inc. shall issue a credit to your credit card account. Foote Sports Productions, Inc. shall have no responsibility or liability to you for orders placed by you with any third party vendor accessed by you or “linked to” from this web site, (a “Seller”). In no event shall Foote Sports Productions, Inc. be considered to be a party to a commercial between you and a Seller, regardless of whether Foote Sports Productions, Inc. may have received any form of consideration in connection therewith. You agree that Foote Sports Productions, Inc. shall have no direct or indirect liability to you for any costs or damages whatsoever arising out of such transactions, on basis or theory whatsoever. All matters concerning goods or services offered by or ordered from such Sellers are solely between you and the Seller.

Links

The Foote Sports Productions, Inc. Web Site may contain “links” to other non-Foote Sports Productions, Inc. sites and it is possible that non-Foote Sports Productions, Inc. sites also link to Foote Sports Productions, Inc. web sites. Foote Sports Productions, Inc. is not responsible for the content or privacy policies practiced by non-Foote Sports Productions, Inc. web sites. The appearance of any link to other sites does not constitute or imply any approval or endorsement by Foote Sports Productions, Inc. of the other sites. Your following any such links to other web sites is at your own risk.

Termination

You agree that Foote Sports Productions, Inc. may terminate your use of the Web Site if Foote Sports Productions, Inc. reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of Foote Sports Productions, Inc. or any third party, or for any reason with or without notice to you. You agree that Foote Sports Productions, Inc. will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Your Submissions,” “Disclaimer,” “Limitation of Liability,” and “General Provisions” will survive termination of this Agreement.

Disclaimers

Your use of the Web Site is at your own risk. Your health is important. Foote Sports Productions, Inc. recommends that you obtain approval from or seek advise of a qualify physician or health care provider before beginning any new physical exercise program using any of the programs or training information provided in these sites. This Web Site is not intended as a substitute for medical advice provided by your own qualified physician. The information provide on the Web Site should never be used in place of a visit to or advice from your physician or health care provider.

FOOTE SPORTS PRODUCTIONS, INC. DOES NOT ASSUME ANY LIABILITY FOR INJURIES THAT MAY OCCUR WHILE FOLLOWING ANY PROGRAM OR USING ANY INFORMATION CONTAINED ON THE WEB SITE, REGARDLESS OF WHETHER A DOCTOR OR HEALTH CARE PROVIDER WAS CONSULTED.

Foote Sports Productions, Inc. does not warrant or represent that the Content is accurate, error-free, truthful or reliable or that your use of Foote Sports Productions Content will not infringe rights of third parties.

THE INFORMATION, CONTENT AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND FOOTE SPORTS PRODUCTIONS, INC. MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO USE OR PERFORMANCE. FOOTE SPORTS PRODUCTIONS, INC. DOES NOT WARRANT THAT (I) THE WEB SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEB SITE WILL BE CORRECTED. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE AND FOOTE SPORTS PRODUCTIONS, INC. MAKES NO REPRESENTATION THAT THE MATERIALS APPEARING ON OR DOWNLOADED FROM THIS WEB SITE ARE COMPATIBLE WITH YOUR COMPUTER, FREE FROM ERROR OR VIRUS. NO FOOTE SPORTS PRODUCTIONS, INC. EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. FOOTE SPORTS PRODUCTIONS, INC. DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND THE INFORMATION AND MATERIALS THEREIN. LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER FOOTE SPORTS PRODUCTIONS, INC. ITS AFFILIATES OR ITS SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEB SITE OR CONTENT, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOOTE SPORTS PRODUCTIONS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (V) OR ANY OTHER MATTER RELATING TO THE SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnificaiton

You agree to defend, indemnify and hold harmless Foote Sports Productions, Inc. and its officers, directors, employees, agents, representatives, licensors, suppliers, ambassadors, from and against any claim, demand, loss, liability or expense (including reasonable attorneys’ fees), relating to or arising out of your use of any its websites and any Content thereon, the use by you of any training programs accessed through the Web Site, your violation of these Terms and Conditions.

General Provisions

Foote Sports Productions, Inc. controls and operates this Web Site from its headquarters in Portland, Oregon, United States of America, and makes no representation that the Foote Sports Production’s Material is appropriate or available for use in other locations. If you use this Web Site from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to the Foote Sports Productions, Inc. Content may not be legal by certain persons or in certain countries. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Web Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of Oregon, United States of America without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, the Web Site or the Foote Sports Productions, Inc. Content shall be instituted in a state or federal court in Multnomah County, Oregon.

© 2020 Foote Sports Productions Inc.