Hilly Hundred

Terms of Service

The following are terms of a legal agreement ("Agreement") between you and TrueSport.com Inc. If You have a question about these terms or our service that is not addressed in this document, please contact us by sending an email via our website.

PLEASE READ THIS AGREEMENT CAREFULLY

This agreement was revised on April 05, 2010.

The terms and conditions contained herein describes the terms upon which TrueSport.com Inc. offers you access to the services provided on its web site (the "Site"). This Agreement applies to and governs your use of the Site and such use is expressly conditioned upon your acceptance of the terms and conditions set forth herein. Please read these terms and conditions of use carefully. By registering, accessing, browsing and/or otherwise using the Site, you acknowledge that you have read and understood the Agreement and that you agree to be bound by the terms and conditions contained herein and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not register, access, browse and/or otherwise use this Site. BY REGISTERING TO USE THIS SITE, YOU ARE INDICATING THAT YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW. If you have any questions regarding this Agreement, please contact us using our website contact form.

The Site is controlled and operated by TrueSport.com Inc. from its offices within the United States. TrueSport.com Inc. makes no representation that information, data or materials available on or through this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

By checking the box below, you agree, warrant and covenant as follows:

I. REGISTRATION AUTHORITY

You hereby acknowledge to TrueSport.com, Inc. that you have the legal authority to complete this race registration with TrueSport.com. You also acknowledge that TrueSport.com Inc. has the full authority to charge the credit or debit card your provided for race registration fees.

II. ACTING AS AN AGENT

You hereby acknowledge that if you are registering for a third party, you have been authorized to act as an agent on behalf of such party and have the authority to complete this race registration.

III. CHILDREN'S ONLINE PRICACY PROTECTION ACT (COPPA).

In compliance with the Children's Online Privacy Protection Act (COPPA), you hereby acknowledge that you are over the age of thirteen, and that if you are if you are completing this race registration for for a child unger the age of fourteen you are the parent or legal guardian of such child. You also agree to the collection of such child's personal information by TrueSport.com, Inc.

IV. LIMITATION OF LIABILITY.

  • A. TrueSport.com Inc. has no control over the quality, safety or legality of the listings advertised, or the truth or accuracy of the listings. TrueSport.com cannot and does not control whether or not sellers will complete the sale of items they offer. BECAUSE TRUESPORT.COM INC. IS NOT THE ACTUAL RACE PROMOTER, AND BECAUSE TRUESPORT.COM INC. DOES NOT AND CANNOT CONTROL THE ACTION OF OTHERS, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE PROMOTERS, YOU HEREBY RELEASE TRUESPORT.COM INC. (AND TRUESPORT.COM INC.'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES AND ANY THIRD PARTY PARTNERS AND/OR LICENSEES OF TRUESPORT.COM INC.) FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A CLAIM OR DEMAND. If you are a resident of any state that restricts the effect of a general release, you hereby waive any such provision to the fullest extent allowable by law and agree that this release of liability shall apply to this agreement to the fullest extent possible.
  • B. The content of the Site is provided on an "as is" and "as available" basis and TrueSport.com Inc. makes no representations or warranties, express or implied, to any actual or prospective purchaser or owner of any item as to the existence, ownership, or condition of the item or as to the accuracy or completeness of any information about the listing contained in the Site. You acknowledge that any reliance upon any such materials shall be at your sole risk. TrueSport.com Inc. reserves the right, in its sole discretion, to correct any error or omission in any portion of the Site.
  • C. TrueSport.com Inc. makes no representations or warranties, express or implied, that use of the Site is safe and cannot guarantee than any file(s) or web page(s) available for downloading from the Site will be free from viruses, trojan horses, worms, time bombs, uniform, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information of any user of the Site.
  • D. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. NEITHER TRUESPORT.COM INC., NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES, THIRD PARTY PARTNERS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS AND TRUESPORT.COM INC. SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT. TRUESPORT.COM INC., ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES, THIRD PARTY PARTNERS, CONTENT PROVIDERS OR LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SITE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES.
  • E. Refunds of entry fees collected by TrueSport.com Inc. are the sole responsibility of the promoter of the event in which you are entering. TrueSport.com Inc. acts merely as a portal for entry fee collection and you acknowledge that TrueSport.com Inc. is not liable for entry fee refunds. YOU HEREBY RELEASE TRUESPORT.COM INC. (AND TRUESPORT.COM INC.'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES AND ANY THIRD PARTY PARTNERS AND/OR LICENSEES OF TRUESPORT.COM INC.) FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A CLAIM OR DEMAND. If you are a resident of any state that restricts the effect of a general release, you hereby waive any such provision to the fullest extent allowable by law and agree that this release of liability shall apply to this agreement to the fullest extent possible.
  • F. Refunds of transaction/processing fees are non-refundable. YOU HEREBY RELEASE TRUESPORT.COM INC. (AND TRUESPORT.COM INC.'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES AND ANY THIRD PARTY PARTNERS AND/OR LICENSEES OF TRUESPORT.COM INC.) FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A CLAIM OR DEMAND. If you are a resident of any state that restricts the effect of a general release, you hereby waive any such provision to the fullest extent allowable by law and agree that this release of liability shall apply to this agreement to the fullest extent possible.

V. USER RELATIONSHIP.

You and TrueSport.com Inc. are and shall remain independent contractors, and shall not be deemed to have an employer-employee, joint venturer, partnership, or franchisor-franchisee relationship for any purpose whatsoever. Accordingly, you shall be exclusively responsible for the manner in which you perform your duties under this Agreement and for the profitability or lack thereof of your activities under this Agreement. All financial obligations associated with your business are your own responsibility and you may not represent yourself as having any right or authority to obligate or bind TrueSport.com Inc. in any manner whatsoever. The payment of any and all sales or other tax, arising out of a transaction on this site, shall be the sole responsibility of the users of this site, and such users shall pay any such applicable taxes.

VI. REVISIONS TO THIS AGREEMENT.

TrueSport.com Inc. may amend this Agreement at any time without notice by updating this posting. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit the Site to determine the then current terms and conditions of use to which you are bound.

VII. MISCELLANEOUS.

A. Governing Law and Choice of Forum.
This Agreement shall be governed by, construed, interpreted and the rights of the parties determined in accordance with the laws of the State of Indiana. All claims and disputes relating to or arising out of this Agreement shall be brought in a federal or state court situated in the State of Indiana. Each of the parties agrees to submit to the jurisdiction of such courts for all purposes of this Agreement.

B. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, representations and warranties, whether oral or written, relating to the subject matter hereof. The terms of this Agreement cannot be changed, modified, released or discharged orally.

C. Severability. If a court of competent jurisdiction determines that any clause or provision of this Agreement is void, illegal, or unenforceable, the other clauses and provisions of the Agreement shall remain in full force and effect and the clauses and provisions which are determined to be void, illegal, or unenforceable shall be limited so that they shall remain in effect to the extent permissible by law.

D. Headings. The headings of the sections and subsections contained in this Agreement are for reference purposes only and shall not in any way affect the meaning, interpretation, enforceability or validity of this Agreement.

E. Privacy Policy. As a user of the Site, you shall be bound by our Privacy Policy, which is incorporated herein by reference.

F. Notices. Except as explicitly stated otherwise, any notices shall be sent via E-mail to truesport@truesport.com (in the case of TrueSport.com Inc.) or to the E-mail address you provide to TrueSport.com Inc. during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given twenty-four (24) hours after E-mail is sent, unless the sending party is notified that the E-mail address is invalid. Alternatively, TrueSport.com Inc. may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TrueSport.com Inc. during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

G. Access to Site. TrueSport.com Inc. does not guarantee continuous, uninterrupted or secure access to the Site, and the operation of the Site may be interfered with by numerous factors outside of our control.

Privacy Policy:

Personally identifiable information you provide TrueSport.com Inc. when you sign up will not be sold or given to outside sources without your permission.

Should you have other questions or concerns about these terms, please contact us using the contact form.
Thank you.