Welcome to Milliondollarrace.com (the "Website"). What
all subpages, whether accessed through mobile devices, tablets, smart watch,
personal computers or other personal devices. These terms (the "Terms of
Use") are a legal agreement between you and Million Dollar Race ("Million Dollar Race", "us", "we", "our"”MDR”).
1. ACCESS AND USE OF THE WEBSITE
agreement with you. By accessing our Website, you are explicitly acknowledging
you agree to be bound by them, and all applicable laws and regulations
governing your access and use of the Website. If you do not agree to these
governing your access and use of the Website, you are not authorized to use
Million Dollar Race reserves the right, at our discretion, to
continued use of the Website after Million Dollar Race has made changes will mean
that you agree to the changes. In addition, hereby incorporated into the Terms
of Use are all special terms, conditions and rules that may be referred to by
particular features and services located on the Website that may be applicable
apply whether you are accessing the Website and/or services through the use of
your personal computer, a mobile device or any other technology or software
known today or developed in the future.
right to access and use the Website solely for your personal and non-commercial
In order to access and use the Website, you must obtain
access to the World Wide Web and pay any applicable access fees. In addition,
you must provide all equipment necessary to make such connection to the World
Wide Web, including a computer and modem or other access device. Access to the
Website is subject to transmission limitations of the Internet, including, but
not limited to, video and/or audio dropouts, rebuffering or loss of connection.
This Website contains links to other Internet sites on the
World Wide Web. We provide such links for your convenience only, and we are not
responsible for the content in any site linked to or from this Website. We disclaim
all warranties, express or implied as to the accuracy, legality, reliability or
validity of any content on any other such site, and that such sites will be
free of viruses or other harmful elements. Links to and from the Website to and
from other on-line cable, wireless, or other Internet website, service or
browser, maintained by third parties ("Linked Services"), and the
existence of such links do not constitute an endorsement by Million Dollar Race of
the Linked Services or the content thereof. The Linked Services are not under
the control of Million Dollar Race and accordingly Million Dollar Race is not responsible
for the Linked Services or their content, or availability of such content, or
the products and services provided at the Linked Services.
Million Dollar Race has no obligation to maintain the Website, in
whole or in part, nor does it have any obligation to provide you with any
related maintenance or support services. Million Dollar Race reserves the right to
render the Website, in whole or in part, temporarily or permanently unavailable
or to otherwise terminate, suspend access to, replace, or modify the Website or
any portion thereof, at any time and for any or no reason, without prior notice
or liability to you.
If products and/or services are made available for purchase
through the Website and you wish to purchase such products and/or services, you
may be asked by Million Dollar Race or its designee (or, if such product or service
is being made available by a third party provider, by such third party
provider) to supply certain information relevant to your purchase, including,
without limitation, credit card number, expiration date, billing address and
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT
TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR USERNAME(S) TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE. Verification of information may be required prior to acceptance of any order through the
Website. Descriptions or images of, or references to, products and/or services
on the Website do not imply Million Dollar Race endorsement of such products and/or
services. Million Dollar Race reserves the right, with or without prior notice, to:
change descriptions or references to products and/or services; limit the
available quantity of any product or service; honor, or refuse to honor, any
coupon, coupon code, promotional code or other similar promotions; and/or
refuse to provide any visitor to the Website with any product or service. Price
and availability of any product or service offered through the Website is
subject to change without notice. Refunds and exchanges shall be subject to Million Dollar Race refund and exchange policies, as may be made available by Million Dollar Race
and updated by Million Dollar Race from time to time. Charges on your credit or bank statement may appear as “NW Events” or “NationWidevents.com” as part of the billing information along with receipt. There are no refunds for purchases made, please review the policies on the Faq’s page. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. To the extent applicable, in the on-line processing of credit
card transactions, the Website incorporates reasonable safeguards to protect
the security of your personal information. However, it is always possible that
any personal information transmitted or disclosed on-line can be intercepted by
others and used unlawfully. Accordingly, Million Dollar Race cannot warrant the
security of your personal information. Charges on your statement may appear as
The Website is intended for use by adults who reside in the
United States of America, or those adults outside of the United States of
America who, by using the Website, consent to use of the Website in accordance
If you choose to access the Website from locations outside of the United States
of America, you do so on your own initiative and at your own risk. By using or
attempting to use the Website, you are representing to Million Dollar Race that you
meet the foregoing eligibility requirements and have the legal capacity to
This Website is not for children under 13. We do not
knowingly request or solicit personally identifiable information from anyone
under the age of 13, nor do we communicate with children under 13 by email,
phone or in any other manner without the express written consent of their
parent or guardian. If we become aware that we have received personal
information from a child under 13, we will delete that information as quickly
as is reasonably possible and cease further communication with such individual.
4. SITE FEATURE
(a) General Information. Our Website is primarily meant to
provide you with information about Million Dollar Race events and about our company.
While we try to keep our Website up-to-date and accurate, we take no
responsibility for any incorrect information on the Website.
(b) Your Submissions. Our Website may also include: surveys
to help us learn about you or your interest in volunteering at an event,
hosting an event, or being part of a news story about an event; newsletter
sign-up; and a poster request form. We do not guarantee any confidentiality or
anonymity with respect to any information you provide to us. By submitting
information, photos or other materials to us through the website or via email,
you expressly: 1) give us permission to use such materials for any purpose; and
2) represent and warrant that you are the owner of such materials and have the
right to grant us ownership in them or permit us to use them for any purpose.
For example, if you email us your photo, we have your permission to (among
other things): shop your story and photo to any media outlets we choose, put
such media outlet(s) in touch with you, and we have your permission to use your
materials (including, without limitation, your photo and story and any other
materials submitted) and grant others the use of foregoing materials.
(c) Event Registration (Participant and Spectator).
Signing-up to participate in or watch a Million Dollar Race event requires creation
of an account and registration through PayPal.com The information you provide
to PayPal.com to register for a Million Dollar Race event will be shared with us, but
responsible for your PayPal.com account or any information you provide to PayPal.com
to create an account. You must contact PayPal.com for any issues with your PayPal.com
information received from you.
(a) Ours. Unless otherwise specified, all intellectual
property rights in and to the logos, trademarks, copyrights, trade dress, trade
names, designs, photos, videos, and other material, which may include certain
footage (video and audio), photographs, text, images, logos and other media and
intellectual property related to or otherwise associated with Million Dollar Race
(collectively, the "Million Dollar Race Material"), on our Website is owned
by MDRames Holdings ltd and licensed for use. The Website and its content,
including the selection, coordination, arrangement and enhancement of content
and the design, layout and "look and feel" of the Website, constitute
valuable intellectual property of Million Dollar Race, and are protected by
applicable copyright, trademark and other applicable intellectual property
rights and laws. Unless Million Dollar Race provides to you advance written approval,
you may not copy, modify, publish, upload, transmit, distribute, perform,
publicly display, or otherwise use any of the Million Dollar Race Material in whole
or part in a manner inconsistent with the United States Copyright Act,
including, without limitation, any "fair use" provisions (17 U.S.C §
107). Nothing on the Website should be construed as granting, by implication,
estoppel or otherwise, any license or right to any Million Dollar Race Material
without the written permission of Million Dollar Race. Use of our Million Dollar Race
Material for any purpose without first obtaining our express written permission
may be a violation of our copyright and/or other proprietary rights. You may
not "frame" the content of this Website within another website. You
may not use any meta tags or any other "hidden text" utilizing any Million Dollar Race trademarks without the express written consent of Million Dollar Race.
The Website and its content are licensed, not sold, to you,
and your limited rights to access and use the Website and its content are
or copying from, or otherwise using, the Website, even with Million Dollar Race’
permission, will transfer any title, interest or right in or to any part of the
Website and its content to you. Million Dollar Race hereby expressly reserves all
rights not expressly granted in and to the Website and its content.
(b) Yours. The Website may enable its users to post, upload
or otherwise make available through the Website certain user-generated
information. You acknowledge and agree that all user generated content and
related information, data, text, or other materials, whether publicly posted or
privately transmitted (collectively, "User Content"), are the sole
responsibility of the person from whom the material or information originated.
You acknowledge and agree that Million Dollar Race does not verify, adopt, ratify, or
sanction User Content, and you agree that you must evaluate and bear all risks
associated with your use of User Content or your reliance on the accuracy,
completeness, or usefulness of User Content. You understand that by using the
Website, you may be exposed to User Content that you may consider offensive or
objectionable. In the event that you submit User Content, you agree that such
User Content shall become the sole property of Million Dollar Race. In the event that
you retain ownership rights in any User Content, you grant us a free,
worldwide, perpetual right to modify, reproduce, distribute, publicly display,
create derivative works of, incorporate such materials into any form, medium or
technology now known or later developed throughout the universe and perform the
materials you have submitted, including, without, limitation, your name and
likeness, and allow others to do the same for any purpose, including, without
limitation, commercial purposes. You agree that all of your User Content shall
not contain any third party materials, and that you will not receive any
compensation whatsoever for the aforementioned usage, and you are not entitled
to make any claim in connection with our exercise of the permissions you have
granted us, including, without limitation, claim(s) based on invasion of
privacy, idea misappropriation, other violation of your civil rights, or
defamation. In addition, you warrant that all so-called "moral
rights" in User Content have been waived. Any such User Content submitted
will be treated as non-confidential and non-proprietary, and by submitting such
materials you acknowledge that any such materials (i) may be used, read or
intercepted by others; (ii) create no confidential, fiduciary, contractually
implied or other relationship between you and Million Dollar Race other than pursuant
includes unsolicited submissions, such as new or improved obstacles, event
formats, products names, advertising, marketing or promotional campaigns,
technological advancements or website suggestions. Although Million Dollar Race
typically discourage you from making such unsolicited submissions, the
foregoing ownership rights with respect to User Content shall apply.
In order to access or use certain portions of the Website,
you may be required to register and provide certain information. If you opt to
register for any portion of this Website, you agree to: (i) provide true,
accurate and complete information about yourself as prompted by the
registration form ("Registration Data") and (ii) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If Million Dollar Race has reasonable grounds to suspect that the
Registration Data is untrue, inaccurate or incomplete, Million Dollar Race shall have
the right to suspend or terminate your account and refuse any and all current
or future use of the Website (or any portion thereof). You acknowledge and
agree that Million Dollar Race may rely on the Registration Data to send you
important information and notices regarding your account and the Website. You
acknowledge and agree that Million Dollar Race shall have no liability associated
with or arising from your failure to maintain accurate Registration Data,
including, but not limited to, your failure to receive critical information
about the Website or your account. You further agree that Million Dollar Race is
authorized to verify such Registration Data. You are responsible for
maintaining the confidentiality of any password and/or username designated with
regard to your registration and you are solely responsible for all activities
that occur by use of such password or username, and you will notify Million Dollar Race immediately in the event of unauthorized use of your password or account.
Million Dollar Race reserves the right, but not the obligation, in
the exercise of its sole discretion, to remove or edit User Content from the
Website at any time and for any reason, including but not limited to User
termination of your access to the Website and disclosure of your personal information
to the applicable law enforcement authorities, where appropriate.
Any comments, feedback, notes, messages, ideas, suggestions
or other communications (collectively, "Comments") posted on,
submitted through, or otherwise sent to Million Dollar Race as a result of, your use
of the Website shall become and remain the exclusive property of Million Dollar Race.
Your posting, submission or sending of any such Comments shall constitute an
assignment to Million Dollar Race of all worldwide right, title and interest, including
all intellectual property rights, in and to the Comments, and Million Dollar Race
will be entitled to use, reproduce, disclose, publish, distribute and otherwise
exploit any Comments for any purpose whatsoever, without restriction or
liability and without notifying or compensating you in any way, and you hereby
agree to waive any and claims against Million Dollar Race in connection with the
foregoing. All Comments will be treated as non-confidential, and therefore you
agree not to post, submit or send to Million Dollar Race, on an unsolicited basis,
any ideas, confidential information, proprietary information or other Comments
that you do not wish to assign to Million Dollar Race, including without limitation
ideas for new or improved products, services, technologies, marketing,
advertisements promotions or other services, products or offerings and any
original creative materials such as stories, videos, computer code, images or
artwork (all of the foregoing, collectively, "Unsolicited Ideas"). If
you submit or otherwise send to Million Dollar Race any Unsolicited Idea, by doing so
you acknowledging and agreeing that: (1) you are not posting, submitting or
sending any confidential or proprietary information; (2) Million Dollar Race has no
obligation to review or use the Unsolicited Idea or to keep it confidential;
and (3) Million Dollar Race will consider the Unsolicited Idea as a Comment assigned
to and owned by Million Dollar Race, which it may use, reproduce, disclose, publish,
distribute or otherwise exploit for any purpose whatsoever, without restriction
or liability and without notifying or compensating you, and you hereby agree to
waive any and claims against Million Dollar Race in connection with the foregoing.
6. DMCA NOTICE
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act [see 17 U.S.C § 512(c)(3)] by providing our Copyright Agent at hello@Milliondollarrace.com with the following information in writing:
A description of the copyrighted work that you claim has
been infringed upon;
A description of where the material that you claim is
infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that
the disputed use is not authorized by the owner of the copyright, its agent, or
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.
An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright;
7. REFUNDS - EVENT RULES - DISCLAIMERS
Refunds: Participant acknowledges and agrees that all fees and associated costs (including optional product purchases, spectator tickets, and donations), paid in registration for the event are not refundable for any reason under any circumstances, including but not limited to injury, eligibility, a scheduling conflict, and/or event cancellation and event re schdudling. In the case of an event being cancelled a new date shall be scheduled within 6 months of the event you registered for. Your registration will be carried over under the one to one terms; meaning if the new event is more expensive you will not be required to pay more and vice versa. In the event the event was not replaced a full refund will be made. In such instances that the Participant can no longer attend the scheduled event, the registration is non-transferable to other locations, dates or other individuals. Notwithstanding the foregoing, Participants understands that active duty or deployed military participants may be entitled to a refund on a case-by-case basis upon providing sufficient, official documentation regarding the deployment that conflicts with the event.
No Liability: Participant acknowledges and agrees that: MDR has made no representation or warranty as to the suitability of the event and Event for any specific purpose; MDR shall not undertake responsibility nor shall it be liable for the actions of any participant or third party in the event. MDR and its past, present and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, officers, directors, employees, staff, agents, servants, successors and assigns, the owner of the venue of the event, sponsors, or independent contractors shall not be responsible for any injury, loss, costs, damages, consequential, special or punitive, or liability incurred by Participant of any nature including, but not limited to, those arising from any form of negligence, gross negligence, strict liability, reckless misconduct, intentional torts, personal injury, or criminal activity. Participant acknowledges and agrees that: this Agreement and Waiver is made in the State of Connecticut and shall be governed by and construed in accordance with Connecticut law without respect to its choice of law provisions; that all of the acknowledges, agreements, understandings, covenants, promises, representations, warranties, waivers, consents and releases contained in this Agreement and Waiver shall be binding upon me, my heirs, executors, administrators, personal or legal representatives, successors, assigns and all members of my family; and that the prevailing party in any litigation, arbitration or mediation relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees from the other party for all matters including, but not limited to, appeals.
Rules: Participant acknowledges and agrees to become familiar with and abide by all written and/or posted rules MDR related to the Event, as well as all written and/or posted rules of the event. Participant further acknowledges and agrees to comply with all directions, instructions and decisions of MDR and Event personnel. Participant further acknowledges and agrees not to challenge these rules, directions, instructions, or decisions on any basis at any time.
1. Participants are 18+ years of age at the time of purchase or event.
2. Participants are eligible to participate in physical events, both physically and mentally.
3. Participants must complete each section of the event in the order given.
4. Participants may not cheat in any way beneficial to them that gives them any advantage.
5. Participants will not solve puzzles, trivia share solutions or any information regarding event to any other participant.
6. Participant will follow any rules at the event
7. Participant must have a form of educational related debt. Winners will need to provide additional information, confirmable information to comply with this rule.
8. Participant will obey civil and criminal laws including traffic laws
9) no urination or defecation is permitted outside of designated areas at the Event
10) no wheeled conveyances or pets are allowed in the Event; at any time;
11) no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted.
Participant’s Representations and Warranties: Participant represents and warrants that I am in sufficient good health, and in proper physical condition, to take part in the event. I further agree and warrant that if at any time I believe, or become concerned, that any activity is or may be unsafe for me or others, I will immediately discontinue my participation. Therefore, I assume full responsibility for myself, for bodily injury, death, loss of personal property and expenses thereof as a result of these inherent risks or dangers and for any negligence or risks from my participating in the Event.
Attitude and Behavior: Participant acknowledges and agrees to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment, and facilities; and participate with a cooperative and positive attitude.
Prizes: All winners will be required to provide eligibility information including but not limited to, proof of age, date of birth, residence, personally identifiable information. All prize winners must also provide proof of indebtedness in direct relation to education and studies. There must be a balance of at least $1 on the date of the event or prior. MDR reserves the right to confirm information provided as it sees fit on a case by case basis. If the winner does not provide satisfactory information within 5 business days of winning, they forfeit their winnings and the second (2nd) participant place moves to first (1st) and so forth as needed. Prizes are paid out in the form of a check or wire transfer within 5 business days of satisfying eligibility requirements. Any taxes (federal, state, local or other), fees, levies, garnishments or any other expenses are the sole responsibility of participant. Winners also agree to up to an additional ten (10) event appearances at the request of MDR where accommodations, travel and lost wages will be covered by MDR.
Results: Million Dollar Race uses a variety of technologies to confirm times and completion of courses, including but not limited to Photo/Video, RFID, GPS, WiFi, Bluetooth and others. These are used to confirm the completion of events and I agree to any technologies used on me for this purpose.
Alcohol & Drugs: Participant certifies that I am not, and on the date of the Event will not be, under the influence of alcohol or any drugs or any other item that would in any way impair my ability to safely participate in the Event, or my judgment. I further, understand that alcohol consumption prior, during and following the Event is discouraged by MDR and take full responsibility for any decision to consume alcohol at that time.
Dangerous and Extreme Conditions: By participating in the event, Participant acknowledges and agrees that: there are inherent risks in any adventure or obstacle run activity, which inherent risks include, among others, the risk of injury, illness, or death and the ever-present danger posed by the following activities which may, or may not, be offered by MDR in the Event: strobe lights, climbing ladders, unknown obstacles, puzzles, trivia, low visibility obstacles, extreme heat, extreme cold, wind, running in the dark, smoke conditions, loud noises, sliding, jumping, carrying heavy objects, high pressure water, physical obstacles, breaking objects, and flying debris; and that there are dangers and rigors imposed by such activities. Knowing and understanding these risks, Participant agrees to fully assume all risk of illness, injury and death arising from or related to my participation in the Event Participant further understands and acknowledges that: the Event may take place in extreme heat, extreme cold, extreme heights, and in confined spaces with strobe lights and conditions that contain inherent dangers including, but not limited to, weather, wind, water, mud, ropes, rain, snow, hail, terrain, extreme heat, extreme cold, and heavy equipment; that if I participate in this Event, I am doing so with the knowledge that such inherent dangers may occur; and that I have the option to cease participation in the event if I feel unsafe. Participant further agrees to bear the expense of voluntarily withdrawing or ceasing participation in the Event before it is concluded.
Delay or Cancellation: MDR reserves the right to change the time and date and location of the Event at its sole and absolute discretion due to, but not limited to, weather and atmospheric conditions. Further, MDR reserves the right to change the course design or other aspects of the Event to maintain the health, safety, and enjoyment of the participants. All entry fee payments are final and non-refundable. Further, Participant understands that Participant will not be entitled to a refund of any other costs incurred in connection with the event outside of what has is contained in this agreement.
Govern Participation: Participant acknowledges and agrees that MDR has the authority to issue instructions or directions relating to the manner of my safe participation in the Event and the authority to halt my participation in the Event at any time they deem it necessary to protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of Million Dollar Race.
Removal: MDR reserves the right to prevent any participant from the Event or to terminate any participant at any time and in its sole and absolute discretion, if such participant is conducting him/herself in a way which is detrimental to the health, safety, or enjoyment of any other participant, including the offending participant or in any way violates any of the terms and conditions hereof (collectively, “for cause”). Participant agrees to abide by any MDR decision regarding my participation in the Event and any awards given by MDR. Participant acknowledges and agrees that: there will be no refund for which payment has been received by MDR; that I was provided with this Agreement and Waiver prior to my attendance at the Event; and that I had the option to forgo attendance at the Event without agreeing to the terms in this Agreement and Waiver.
Participant Consent to Recording and Use of Name, Likeness, etc.: For valuable consideration, including Participant being allowed to participate in the Program and Event, Participant hereby irrevocably authorizes and consents to the following:
(i) MDR and their designees and licensees filming, taping, photographing, recording, and otherwise capturing by any means now known or hereafter devised, my name, likeness, appearance, voice, performances, activities, interviews, signatures, and biographical information (collectively “Participant Identity”) during and in connection with the Program and Event;
(ii) MDR, its affiliates and partners, and their designees and licensees making unlimited and unrestricted use, reproduction, editing, adaption, public display, public performance, broadcast, exhibition, streaming, publication, and distribution (whether by sale, lease, rental, or otherwise) of any and all photographs, still images, video and audio footage, recordings, transcripts, and other fixations and embodiments of Participant Identity resulting from the aforementioned filming, taping, photographing, recording, and capturing (collectively “Recordings”) for any and all lawful purposes (commercial and non-commercial), including, without limitation, broadcasting, syndication, publishing, advertising, promotion, marketing, merchandising, editorial, education, training, public relations, charitable, and fundraising purposes, in perpetuity and throughout the universe, via any and all media now known or hereafter devised (including, without limitation, the Internet and mobile and wireless media, television, radio, print and electronic publications, and merchandise). Participant acknowledges and agrees that as between Participant and MDR, any and all Recordings and all copyrights and other intellectual property rights therein and thereto shall belong to and become the sole property of MDR. Participant further understands, acknowledges and agrees that MDR, as sole owner, has the full right to sell and/or profit from the commercial use of such Recordings or to transfer or assign the rights to use such Recordings to any entity without restriction and that in no event shall I have the right to enjoin the making, production, distribution, use or other exploitation of any Recordings by MDR, its affiliates and partners, and their designees and licensees.
use the Website or its content for any illegal purpose;
attempt to gain unauthorized access to any other user's
computer systems or networks associated with the Website;
modify or attempt to modify or in any way tamper with
use the Website or any of its content in a way that may
infringe upon the intellectual property or other rights of any third party,
including, without limitation, trademark, copyright, right of privacy or right
of publicity; or
interfere with or disrupt networks connected to the Website
or violate the regulations, policies or procedures of such networks.
In connection with your use of the Website, you must not and
User Content shall not: (a) defame, abuse, harass or threaten others; (b) make
any bigoted, hateful or racially offensive statements; (c) advocate illegal
activity or discuss illegal activities with the intent to commit them or cause
injury or property damage to any person; (d) post or distribute any material
that infringes and/or violates any right of a third party or any law; (e) post
or distribute any vulgar, obscene, discourteous or indecent language or images;
(f) advertise or sell to or solicit others; (g) use the Website for any
personal commercial purposes of any kind not related to Million Dollar Race; (h) post
or distribute any software or other materials that contain a virus, worm or any
computer code, file, program, routine or other harmful component or device to
interrupt, destroy, damage or limit the functionality of this Website or any
other website, or any computer hardware, software or telecommunications
apparatus; (i) restrict or inhibit any other user from using and enjoying the
services or features of the Website; (j) upload, post, email, transmit or
otherwise make available 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; (k) use the Website
to impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity; (l) interfere with or disrupt any servers
or networks used to provide the Website or its features, or disobey any
requirements, procedures, policies or regulations of the networks we use to
provide the Website; (m) gain, or attempt to gain, unauthorized access to the
Website, or any account, computer system or network connected to this Website,
by means such as hacking, password mining, decompiling or reverse engineering
to access source code, or other illicit means; (n) obtain or attempt to obtain
any materials or information through any means not intentionally made available
through the Website; or (o) gather for marketing purposes any email addresses
or other personal information that has been posted by other users of the
We reserve the right to suspend or terminate your access to
the Website at anytime if we suspect that your use of the Website or its
content may be unlawful, violate the rights of third parties or any of the
you must cease use of the Website and destroy all materials obtained from the
You agree to defend, indemnify and hold harmless Million Dollar Race, Nationwide events and its directors, members, shareholders, partners, employees and
respective agents, and contractors from and against all liabilities, claims,
damages, costs and expenses, including attorneys' fees arising out of: your use
of the Website; any material you post, upload, e-mail or otherwise transmit
using the Website; your violation, breach or alleged violation or breach of
You acknowledge and agree that the disclaimers and limits on
allocation of risk between you and us and are an essential basis of the bargain
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND YOUR USE OF THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE USE OR OPERATION.
AN EVENT MAY CANCELLED, MOVED OR RESCHEDULED AT OUR SOLE DISCRETION. EVENT ADDRESS MAY BE CHANGED WITHIN 7 DAYS OF EVENT TO A NEW LOCATION, DATE OR TIME. REASONABLE EFFORT WILL BE MADE TO MAKE CHANGES EASY ON CUSTOMER AND PARTICIPANTS HOWEVER WE DO NOT TAKE ANY RESPONSIBILITY FOR COSTS OR ANY OTHER ISSUES WHICH MAY ARISE.
IN ADDITION, MILLION DOLLAR RACE DOES NOT REPRESENT OR WARRANT
THAT THE INFORMATION ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE
OR CURRENT, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS,
MISTAKES, OR INACCURACIES OF THE WEBSITE; (B) ANY ACTS OR OMISSIONS OF USERS,
OUR PARTNERS, ADVERTISERS OR OTHER PARTIES ON OR THROUGH THE WEBSITE; (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE; (D) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY INJURIES PHYSICAL OR EMOTIONAL
TO YOU OR THIRD PARTIES RELATED TO THE SITE; (F) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE THAT MAY DAMAGE OR DESTROY YOUR COMPUTER HARDWARE OR
SOFTWARE OR TELECAOMMUNICATIONS APPARATUS; AND/OR (G) ANY PRODUCT LISTED OR
SOLD BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE. THE USER OF
THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.
ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY SUCH MATERIAL. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
WEBSITE OR THE CONTENT CONTAINED THEREIN SHALL CREATE ANY WARRANTY NOT
Million Dollar Race explicitly disclaims any responsibility for
the accuracy or availability of information found on third party websites that
link to or from this Website. Million Dollar Race cannot ensure that you will be
satisfied with any products or services that you purchase from a third-party
site that links to or from this Website or third-party content on our Website. Million Dollar Race does not endorse any of the merchandise, nor have we taken any steps to
confirm the accuracy or reliability of any information contained in such
third-party sites or content. Million Dollar Race does not make any representations
or warranties as to the security of any information (including, without
limitation, credit card and other personal information) you might be requested
to give any third-party, and you hereby irrevocably waive any claim against us
with respect to such sites and third-party content. Million Dollar Race strongly
encourages you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties. Please advise Million Dollar Race (at the contact information provided
below) if you discover any inaccuracy in this content.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO
EVENT WILL MILLION DOLLAR RACE OR ANY OF ITS DIRECTORS, MEMBERS, SHAREHOLDERS,
PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFILIATES OR OTHER REPRESENTATIVES BE
LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED
BY NEGLIGENCE OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL,
INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, EXEMPLARY, OR SPECIAL DAMAGES, OR
LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND
CLAIMS OF THIRD PARTIES (EVEN IF MILLION DOLLAR RACE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE),
POLICY; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION,
INCLUDING ANY PERSONAL INFORMATION; (C) YOUR USE OR INABILITY TO USE THE
WEBSITE; OR (D) ANY OF THE WEBSITE CONTENT.
THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY
EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS
WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED
ITS ESSENTIAL PURPOSE. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN
ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL
LIABILITY TO YOU OF MILLION DOLLAR RACE OR ANY OF ITS DIRECTORS, MEMBERS,
SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFLIATES OR OTHER
REPRESENTATIVES FOR ALL DAMAGES, LOSSES AND CLAIMS (WHETHER IN CONTRACT OR TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)), OR OTHERWISE EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
12. JURISDICTION; GOVERNING LAW.
and interpreted in accordance with the laws of New York without application to
any choice of law rules. Subject to the following paragraph, the exclusive
Policy shall be in the state and federal courts in the county and state of New
York. You agree to accept the personal jurisdiction of such courts and waive
any claim that such courts do not have jurisdiction over such dispute or that venue
in such courts is not appropriate or convenient. Million Dollar Race will be entitled
to recover court costs and reasonable attorneys' fees and expenses incurred in
IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING
THE TRANSACTIONS CONTEMPLATED HEREBY.
By using the Website, you agree to submit to submit any and
all controversies, disputes or claims arising out of or related to your use of
the Website for arbitration to be conducted in Cheyenne, Wyoming, and
administered by the American Arbitration Association ("Arbitration
Agreement"). By using the Website, you agree that the arbitration of any
dispute shall be conducted on an individual, not a class-wide basis, and that
no such arbitration proceedings may be consolidated with any other arbitration
or other legal proceedings involving Million Dollar Race or any other person. You
further agree that you, and anyone asserting a claim through you, will not be a
class representative, class member, or otherwise participate in a class,
representative, or consolidated proceeding against Million Dollar Race. You agree
that the arbitrator of any dispute between you and Million Dollar Race may not
consolidate more than one person's claims, and may not otherwise preside over
any form of a class or representative proceeding or claim (such as a class
action, representative action, consolidated action or private attorney general
action). If the foregoing class action waiver ("Class Action Waiver")
or any portion thereof is found to be invalid, illegal, unenforceable,
unconscionable, void or voidable, then the Arbitration Agreement will be
unenforceable, and such dispute will be decided by a court. Any claim that all
or part of the Class Action Waiver is invalid, illegal, unenforceable,
unconscionable, void or voidable may be determined only by a court of competent
jurisdiction and not by an arbitrator. You agree that you will assert any claim
arising out of your use of the Website within one (1) year after the claim
arises, or such claim will be barred.
agreement between you and us regarding the Website, and supersedes any prior
remaining portion will remain in full force and effect. If we fail to enforce
party any beneficiary right(s) which are fully transferable and assignable
connection with the Million Dollar Race events, in the event of any conflict between
in Million Dollar Race Participant Waiver, the terms of the Participant Waiver will
prevail. 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. Any waiver of any provision of these terms must be in writing
signed by an authorized representative of Million Dollar Race be valid. A waiver of
any provision hereunder shall not operate as a waiver of any other provision,
or a continuing waiver of the same provision in the future. This is the entire
agreement between us relating to the subject matter herein and shall not be
MILLION DOLLAR RACE is a trademark of Tgames Holdings ltd used under license. Our trademarks may not be used in connection with any product or service that is not Million Dollar Race in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Tgames Holdings ltd.
If you have any comments or questions about the above Terms
of Use, please contact:
email@example.com - Please include a subject line or it may not be processed.