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Terms and Conditions
Last Modified: February 28, 2008
THE100MILEMAN.COM TERMS & CONDITIONS
1. ACCEPTANCE OF AGREEMENT
Welcome to WWW.THE100MILEMAN.COM <http://WWW.THE100MILEMAN.COM> (the
"Website"). The Website is owned and operated by 100 Mile Man LLC
(hereinafter referred to as “100 Mile Man”). Through the Website, users
(each, a “User”) have access to a variety of 100 Mile Man-related resources,
including news clips, photographs and other content (collectively referred
to herein, along with the Website, as the “Service”). These terms and
conditions (“Terms & Conditions” or “Agreement”) constitute the legal
agreement between you and 100 Mile Man with respect to the Service. By
using the Service (including without limitation, viewing and downloading any
content at the Service), you (1) represent that you are of majority in the
state in which you legally reside (and at least 18 years of age) or you have
the permission of your parent or legal guardian to use the Service if you
are between 13 years of age and the age of majority and (2) agree to be
bound by the terms and conditions of this Agreement and any guidelines,
policies and codes of conduct issued to you from time to time (collectively,
the “Code of Conduct”). Even if you do not complete the registration
process or otherwise use or access the Service, you will be bound by this
Agreement when you visit the Website.
Please review the Agreement carefully. If you do not agree to this Agreement
in its entirety, you are not authorized to use the Service in any manner or
form. The Terms & Conditions may be updated by us from time to time without
notice to you. You can review the most current version of the Terms &
Conditions at any time by clicking on the “Terms & Conditions” link on the
bottom of any web page. The “Last Modified” date will indicate when the
latest changes were made to the Terms & Conditions. In addition, when using
any particular feature of the Service, you shall be subject to any posted
guidelines or rules applicable to such service which may be posted from time
to time. All such guidelines or rules are hereby incorporated by reference
into the Terms & Conditions.
In this Agreement, “you”, “your”, and “User” shall refer to each visitor or
User (unless the context requires otherwise), and “we”, “us” and “our” refer
collectively to 100 Mile Man.
2. PROPRIETARY RIGHTS; LICENSE GRANT
All content available at the Website, including, without limitation, design,
graphics, text, images, software and other files and the selection and
arrangement thereof (collectively, “Content”), is owned by 100 Mile Man and
its licensors and protected under applicable copyrights, trademarks and
other proprietary (including, without limitation, intellectual property)
rights. You agree that the right holders that license their content to 100
Mile Man for access through the Service are intended third-party
beneficiaries under this Agreement, and thereby possess the right to enforce
the provisions of this Agreement that directly affect their intellectual
property. You understand that your use of Content is subject to the limited
license described below. You acknowledge that you do not acquire any
ownership rights to any Content accessible at or through the Service. The
posting of Content at the Service by 100 Mile Man does not constitute a
waiver of any right in and to such Content.
As a visitor to or User of the Service, you are granted a non-exclusive and
non-transferable limited license to access and use the Service (and its
associated Content) strictly in accordance with this Agreement. 100 Mile Man
may terminate this license at any time for any reason, in its sole
discretion. You acknowledge and agree that the Service is for your
personal, non-commercial use, only, and that you may not transmit,
broadcast, upload to any computer or mobile device, create derivative works
of, or make commercial use of the Service or any Content provided or
obtained through the Service, including, but not limited to, any content,
concepts, opinions, ideas, names, images and other information used with
respect to or made available through the Service, except as expressly
authorized in this Agreement. No part of the Service may be reproduced in
any form or incorporated into any information retrieval system, electronic
or mechanical. You agree not to access the Service by any means other than
through the interface that is provided by 100 Mile Man for use in accessing
the Service. You may not use, copy, emulate, clone, rent, lease, sell,
modify, decompile, disassemble, reverse engineer or transfer the Service,
any Content or any portion thereof. You may not use any device, software or
routine to interfere or attempt to interfere with the proper working of the
Service. You may not permit any Content, used or obtained by you, to be
reproduced, modified, displayed, performed, transferred, distributed or
otherwise used by any third party, whatsoever. You agree to advise 100 Mile
Man promptly of any such unauthorized use(s). You may not take any action
that imposes an unreasonable or disproportionately large load on the 100
Mile Man infrastructure.
All rights not expressly granted to you in this Agreement are reserved by
100 Mile Man and its licensors.
3. ACCESS TO THE SERVICE
In order to use the Service, you must obtain access to the Internet, either
directly or through devices that access web-based content, and pay any
service fees associated with such access. In addition, you must provide all
equipment necessary to make such connection to the Internet, including a
computer and modem, router or other access device. Any equipment or
software causing interference shall be immediately disconnected from the
Service and 100 Mile Man shall have the right to immediately terminate this
Agreement. If any upgrade in or to the Service requires changes in your
equipment or software, you must effect these changes at your own expense.
You agree to follow and comply with any applicable laws, rules and
regulations in your use of the Service.
4. INFORMATION YOU PROVIDE
At this time we do not require that you register in order to use the
Service. 100 Mile Man may decide, in its sole discretion, to require
registration in the future. In the event we require registration, or if you
otherwise provide information on the Site, you agree to (a) provide true,
accurate, current and complete information about yourself and (b) as
permitted, maintain and promptly update such information to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or 100 Mile Man has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, 100 Mile Man has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). You acknowledge and agree that we shall
have no liability associated with or arising from your failure to maintain
accurate information with us, including, but not limited to, your failure to
receive critical information about the Service.
You are responsible for maintaining the confidentiality of any password and
account, and are fully responsible for all activities that occur under your
password or account that you may create while using the Service. You agree
to (a) immediately notify 100 Mile Man of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. 100 Mile Man cannot and
will not be liable for any loss or damage arising from your failure to
comply with this Section 4.
5. PRIVACY POLICY
Use of the Service is subject to our Privacy Policy, which is hereby
incorporated into, and made part of, this Agreement. We reserve the right,
and you authorize us, to use information regarding your Service use and any
and all other personal information provided by you in any manner consistent
with our Privacy Policy.
For additional information regarding 100 Mile Man’s collection and use of
personal information, please refer to our Privacy Policy .
6. PURCHASES; THIRD PARTY PRODUCTS AND SERVICES
100 Mile Man may make certain services, features and products available for
purchase to Users through the Service. You may only place an order if you
are at least 18 years of age (or with the permission of your parent or legal
guardian, if you are under the age of majority. You agree to pay in full
the prices for any purchases you make either by credit/debit card concurrent
with your online order or by other payment means acceptable to 100 Mile Man.
You agree to pay all applicable taxes. If payment is not received by us from
your credit or debit card issuer or its agents, you agree to pay all amounts
due upon demand by us. Certain products, features or services that you
purchase or download on or through the Service may be subject to additional
terms and conditions presented to you at the time of such purchase or
download.
Links on the Website to third party websites (including, but not limited to,
any advertisements) are provided only as a convenience to you. If you use
these links, you will leave the Website. 100 Mile Man does not control or
endorse any such advertiser or other third party websites, and your dealings
with such third parties are solely between you and such third parties. You
agree that neither 100 Mile Man nor any of its affiliated companies will be
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertiser or other third party links on the Service, for any content, goods
or services provided on or through these outside websites or for your use or
inability to use such websites. You acknowledge that you will use these
links at your own risk.
Without limiting the foregoing, certain services and features offered
through the Service are provided by third parties outside of the Service.
While the Service provides a link to these services, we have no control over
these services or the companies that provide them.
You understand and agree that 100 Mile Man is not responsible in any way for
your use of these services provided by third parties, and that your use of
such services is subject to the terms and conditions established by such
third parties. Information you provide when you use such services is
collected by such services (and not by 100 Mile Man), and 100 Mile Man does
not control their use of such information. We encourage you to review each
third party website’s user terms and privacy policy before you use services
provided by third parties.
7. MODIFICATIONS, INTERRUPTIONS OR DISCONTINUATION OF SERVICE
100 Mile Man reserves the right at any time and from time to time to modify,
suspend, discontinue or permanently cancel the Service, or portions thereof,
with or without notice to you. Without limiting the generality of the
foregoing, 100 Mile Man reserves the right to delete, add to or modify the
Content for any reason at any time, and to delete (or block your access to)
any portion of the Service in the event we reasonably determine that the
Service, your use of the Service or any element used to create the Service,
infringes on or violates, or could infringe on or violate, any third party
right or any applicable laws or government regulations, without any notice
or liability to you or to any third party.
100 Mile Man reserves the right at any time, in its sole discretion, to add
new features and functionality to the Service, such as User forums, or
remove previously available features and functionality. Unless explicitly
stated otherwise, any new features and functionality at the Service, shall
be subject to this Agreement. 100 Mile Man may, at any time, lose its
licensing rights to make certain Content available through the Service. In
that event, you will no longer be able to obtain these pieces of Content.
8. TERMINATION
You agree that 100 Mile Man, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove
and discard any User Content within the Service, for any reason, including,
without limitation, for lack of use or if 100 Mile Man believes that you
have violated or acted inconsistently with the letter or spirit of the Terms
& Conditions. 100 Mile Man may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice to you. You agree that any termination of your access to the Service
under any provision of these Terms & Conditions may be effected without
prior notice, and acknowledge and agree that 100 Mile Man may immediately
deactivate or delete your account and all related information and files in
your account and/or bar any further access to such files or the Service.
Further, you agree that 100 Mile Man shall not be liable to you or any
third-party for any termination of your access to the Service. Sections 2,
5, 9, 10 and 12 through 19, shall survive any termination of this Agreement.
9. SUBMISSIONS
100 Mile Man is interested in hearing from you regarding our products and
services. Although we welcome your comments, 100 Mile Man does not accept
or consider unsolicited creative ideas, suggestions, submissions, or
materials including, without limitation, any stories or ideas, concepts,
notes, screenplays, formats, artwork, or other similarly-related materials
(collectively, “Submissions”) that are sent to us in any format and by any
means of transmission (including email), other than those that we have
specifically requested. Any unsolicited Submissions will either be sent
back to you or discarded. We hope you will understand that it is the intent
of this policy to avoid the possibility of future misunderstandings when
projects developed by 100 Mile Man might seem to others to be similar to
their own creative work. It has been our experience that while you may
believe that a submission or idea is unique, in many cases, such submission
or idea resembles other submissions or ideas that 100 Mile Man have
received, whether solicited or unsolicited, or are similar to projects that
are being created by or on behalf of 100 Mile Man. While we value your
feedback on our products and services, we request that you be specific in
your comments on those products and services. Therefore, please do not send
unsolicited Submissions of any kind to 100 Mile Man. From time to time,
though, we may expressly request Submissions of concepts, stories, or other
potential content from you. Where this is the case, please carefully read
any specific rules or other terms and conditions which govern those
Submissions, since they will affect your legal rights.
Please note that if, despite our request, you send to us (via email, through
the Service or any other method) unsolicited Submissions, you understand and
agree that such unsolicited Submissions are deemed to be, and will be
treated as, User Content, as defined and further described below.
10. USER CONTENT
Where applicable at the Service, you are invited to post your own content
(“User Content”). You understand that all User Content, whether you have
publicly posted on a forum or privately transmitted, are your sole
responsibility. You understand that by using the Service, you may be
exposed to User Content that is offensive, indecent or objectionable. 100
Mile Man does not endorse or have control over the User Content. User
Content is not reviewed by 100 Mile Man prior to posting and does not
reflect the opinions or policies of 100 Mile Man. 100 Mile Man makes no
representations or warranties, express or implied as to the User Content or
the accuracy and reliability of the User Content or any other material or
information that you transmit to other Users. Though the Service is
designed to be a safe place to share such User Content, 100 Mile Man cannot
guaranty that other Users will not misuse the User Content that you share.
So, if you have any User Content that you would like to keep confidential
and/or do not want others to use, do not post it to the Service. Under no
circumstances will 100 Mile Man be liable in any way for any User Content,
including, but not limited to, any errors or omissions in any User Content,
or for any loss or damage of any kind incurred as a result of the use of any
User Content posted, emailed or otherwise transmitted via the Service. 100
Mile Man IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY
USER CONTENT YOU POST TO THE SERVICE.
By posting any User Content at the Service, you hereby grant 100 Mile Man a
royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully
sublicensable right and license to use, reproduce, modify, adapt, publish,
translate, combine with other works, create derivative works from,
distribute, perform and display such User Content (in whole or part)
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed. You specifically waive any “moral
rights” in and to the User Content. The foregoing grant includes, without
limitation, any copyrights and other intellectual property law in and to
your User Content. You represent and warrant that: you own the User
Content posted by you on or through the Service or otherwise have the right
to grant the license set forth in this Section 10; and the posting of your
User Content on or through the Service does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any
person. You agree to pay for all royalties, fees, and any other monies
owing any person by reason of any User Content you posted to or through the
Service.
You acknowledge and agree that 100 Mile Man may preserve User Content and
may also disclose User Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary
to: comply with legal process; enforce this Agreement; respond to claims
that any User Content violates the rights of third-parties; or protect the
rights, property, or personal safety of 100 Mile Man, its Users and the
public. You understand that the technical processing and transmission of
the Service, including your User Content, may involve: transmissions over
various networks; and changes to conform and adapt to technical requirements
of connecting networks or devices.
You agree to each of the conditions in this Agreement and further agree that
each of these conditions applies forever and broadly with regard to 100 Mile
Man worldwide. Posting of User Content to or through the Service, including
ideas or disclosures of opinions, is voluntary on your part. No confidential
or contractual relationship is established by your posting of User Content
or is to be implied by our review or subsequent use of your User Content.
100 Mile Man shall not be liable for any disclosure of any User Content,
including opinion(s) or suggestion(s), you post to or through the Service.
100 Mile Man SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT
MAY RECEIVE FROM YOU AT OR THROUGH THE SERVICE, FOR ANY PURPOSE WHATSOEVER,
COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO OR APPROVAL OF YOU AS
PROVIDER OF THE USER CONTENT.
11. PROHIBITED CONDUCT
You agree that you will not use the Service to:
(a) upload, post, email or otherwise transmit any User Content that is
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to an 100
Mile Man representative, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise
the origin of any User Content transmitted through the Service;
(e) upload, post, email or otherwise transmit any User Content that you do
not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any User Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
(g) upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in
those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, emulate, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges;
(j) interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
(k) "stalk" or otherwise harass another User; or
(l) collect or store personal data about other Users.
100 Mile Man assumes no responsibility for monitoring the Services for
inappropriate User Content or conduct. If at any time 100 Mile Man chooses,
in its sole discretion, to monitor the Services, 100 Mile Man nonetheless
assumes no responsibility for the User Content, has no obligation to modify
or remove any inappropriate User Content, and has no responsibility for the
conduct of the Users submitting any such User Content. Notwithstanding the
foregoing, 100 Mile Man and its designees shall have the right to remove any
User Content that violates this Agreement or is otherwise objectionable, in
100 Mile Man’s sole discretion. You agree that you must evaluate, and bear
all risks associated with, the use of any User Content, including any
reliance on the accuracy, completeness, or usefulness of such User Content.
In this regard, you acknowledge that you may not rely on any User Content.
You are solely responsible for your interactions with other Users. 100 Mile
Man reserves the right, but has no obligation, to monitor disputes between
you and other Users and to terminate your account if 100 Mile Man
determines, in its sole discretion, that doing so is prudent.
12. INDEMNIFICATION
You agree to defend, indemnify and hold harmless 100 Mile Man, its parents,
subsidiaries and affiliates, and each of their respective officers,
directors, employees, representatives and agents (each, a “Protected
Entity”), from any and all liabilities, claims, actions, suits, proceedings,
judgments, fines, damages, costs, losses and expenses (including settlement
costs and/or reasonable attorneys' fees) arising from or related to: (a)
your use of the Service; (b) your placement or transmission of any User
Content by or through the Service; or (c) an allegation that you breached or
violated an applicable law, rule, regulation or this Agreement.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. 100 Mile Man EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(B) 100 Mile Man MAKES NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR
REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
100 Mile Man OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS & CONDITIONS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROTECTED ENTITIES SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY 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 A PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE;
(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 FROM OR THROUGH THE SERVICE; (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER
MATTER RELATING TO OR ARISING FROM THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST ANY
PROTECTED ENTITY IS TO DISCONTINUE USE OF THE SERVICE.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14
MAY NOT APPLY TO YOU.
16. TRADEMARKS
100 Mile Man ™ is a trademark owned or licensed by 100 Mile Man. All other
trademarks, service marks and trade names used on the Service are the
property of their respective owners. Without 100 Mile Man’s prior written
authorization, you agree not to display or use in any manner, the 100 Mile
Man Marks.
17. INTERNATIONAL USERS
In the event that you reside outside of the United States, you agree to
comply with all local rules regarding online conduct and acceptable User
Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States
or the country in which you reside. Note that some features on the Service
may be available solely to United States Users, as determined in our sole
discretion.
18. COPYRIGHT POLICY
We respect the intellectual property rights of others and require that Users
who use the Service do the same. If you believe that your proprietary work
has been copied in a way that constitutes copyright infringement, please
forward the following information to 100 Mile Man’s Copyright Agent,
designated as such pursuant to the Digital Millennium Copyright Act, 17
U.S.C. § 512(c)(2), named below:
(a) A physical signature of the person authorized to act on
behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been
infringed;
(c) A description of where the material that you claim is
infringing is located on the Service;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law; and
(f) A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
19. MISCELLANEOUS
(a) This Agreement shall be treated as though it were executed
and performed in New York City, NY and shall be governed by and construed in
accordance with the laws of the state of New York notwithstanding its
conflict of law provisions. Should a dispute arise concerning the Website,
Service or the terms and conditions of this Agreement, you agree that the
appropriate, convenient and exclusive venue for any and all dispute
resolution shall be the court of appropriate jurisdiction in New York City,
NY. To the extent permitted by applicable law, you agree to waive any right
that you may have to participate in any class action litigation involving,
related to or arising from the Service. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Service or this Agreement must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
(b) You agree that any unauthorized use of the Service would
result in irreparable injury to 100 Mile Man and its licensors for which
money damages would be inadequate. In such event 100 Mile Man and its
licensors, as applicable, shall have the right, in addition to other
remedies available to it pursuant to this Agreement, to immediate injunctive
relief against you. Nothing contained in this Agreement shall be construed
to limit remedies available pursuant to statutory or other claims that 100
Mile Man and its licensors may have under separate legal authority.
(c) Should any part of this Agreement be held invalid or
unenforceable by a competent court, that portion shall be construed
consistent with applicable law and the remaining portions shall remain in
full force and effect. To the extent that anything in or associated with
the Service is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the
right to enforce such provision.
(d) No relationship other than that of a service provider and
customer shall be created through operation of this Agreement.
(e) Any attempt by any individual to damage, destroy, tamper
with, vandalize and/or otherwise interfere with the operation of this
Website or Service, is a violation of criminal and civil law and 100 Mile
Man may diligently pursue any and all remedies in this regard against any
offending individual or entity to the fullest extent permissible by law and
in equity.
(f) Notices to you, if any, may be made via either email or
regular mail.
(g) Any questions or comments regarding, or problems with, the
Service should be sent to the Website Administrator at
info@the100mileman.com.
© 2008 100 Mile Man, LLC. All rights reserved.
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