DC Triathlon Club, Inc. Site Disclaimer: AUGUST 2005

Last Update: August 2005

Terms of Use

WELCOME TO DCTRICLUB.NET. This website (“SITE”) is owned and operated by the DC Tri club (“dc tri club”, “We” or “Us”). BY USING THIS SITE, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS SITE:

Terms of Use. The materials on this Site are protected by U.S. and international copyright and trademark laws. Except when included in any authorized printouts of the web page displays, you are not authorized to make any other use of any of the registered or proprietary marks of DC Tri Club. These Terms of Use may be changed or updated by us at any time, without prior notice to you, and will become effective immediately upon posting on this Site. We reserve the right to terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. We may also impose limits on certain features and services or restrict your access to parts of the Site without notice or liability. Your continued access to or use of this Site will signify your acceptance of the Site and these Terms of Use, as changed. For this reason, we encourage you to review these Terms of Use whenever you visit this Site and keep track of the Last Update date above so that you can review these Terms of Use again when they have been modified. By accessing or using the Site, you agree that you have read, understood and have become legally bound by these Terms of Use.

Scope of Use. Use of this Site is limited to the viewing of the Site’s web pages exclusively for access to the information provided by DC Tri Club at this Site. We hereby grant you a limited, revocable, non-exclusive license to access, use, and display the screens and the content (collectively, the text, graphics, logos, software, photos, audio and visual files constitute the "Content") on this Site on your personal computer for non-commercial purposes solely during your online visit to this Site. You may make printouts of web page displays solely for your personal, non-commercial use. No other permission is granted to you to copy, reproduce, distribute, republish, transmit, upload, download, store, display in public, or modify the Content contained on this Site. The use of any Content obtained from this Site on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of such Content, including, without limitation, framing any content within another website, is expressly prohibited without the prior written permission of DC Tri Club.

User Conduct. You shall use this Site for lawful purposes only. You shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without DC Tri Club’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in DC Tri Club’s discretion restricts or inhibits any other user from using or enjoying this Site will not be permitted.

DT Triathlon Club shall have the right, but not the obligation, to monitor the content of this Site, including chat forums, to determine compliance with these Terms of Use and to satisfy any law, regulation or authorized government request. DC Tri Club shall have the right in its sole discretion to edit or remove any material submitted to or posted on this Site.

Registration. In order to fully utilize the abilities of this site’s message board forums, the administrator will probably require that you register as a member. Registration is free, and allows you to do the following:

- Post new threads

- Reply to other peoples’ threads

- Edit your posts

- Receive email notification of replies to posts and threads you specify

- Send private messages to other members

- Enter events in the board calendar

- Set up a “buddy-list” to quickly see which of your friends are currently online

To register, you will need to specify a username and password, and a valid email address. Entering your email address will not leave you open to “spam,” as you can choose to hide your email address, and messages sent to you via email do not reveal your address to the sender in any case. (To verify this, you can try sending an email message to another user.) The administrator may have configured the board to send you the final part of the registration process by email, so ensure that the email address you provide is valid and working.

If you are under the age of 13, the administrator may require that a parent or guardian provides consent before allowing you to complete the registration process. More information about this is available during the registration process.

Use of Forums. We welcome your participation in the forums, but please keep the following in mind as you browse and post on our site. These rules, although not complicated, will help us keep the site useful and enjoyable to all viewers:

Although the administrators and moderators of DC Tri Club will attempt to keep all objectionable messages off this forum, it is impossible for us to review every message individually. All messages express the views of the message’s author, and not the owners of DC Tri Club, and the author will be held responsible for the content of any message.

We encourage subjective opinions and discussions of individual experiences and perceptions regarding DC Tri Club. No personal insults or “arguments for the sake of arguments” will be tolerated. Failure to follow this simple rule will result in the removal of your account from our system.

We do not warrant the accuracy or usefulness of any given message, and we are not responsible for anything which you may do to your system as a result of the content of this forum. Each message expresses solely the views of the author of that particular message, not those of DC Tri Club.

We reserve the right to reveal your identity (or whatever information we know about you) in the event of a legal action arising from any message posted by you. All IP numbers are logged for potential use in the administration of the site, or in the event of a legal proceeding.

The term “free speech” has no legal context on a site such as this one. As owners of the Site, and as those who are paying the bills to keep it online, we reserve the right to do whatever we feel necessary to insure that the forums meet our goals of providing an inviting, friendly, and knowledge-rich destination for all users and potential users of DCTriClub.net. If this bothers you, please feel free to set up a forum site of your own.

Despite everything you’ve just read, we really do want you to use DCTriClub.net to learn about DC Tri Club, have your questions answered, and maybe even have some fun. All we ask is that you “play nice with others” while doing so!

Profile: It is your responsibility to keep the information in your profile up-to-date. You should especially ensure that your email address is kept current. You can alter any of the fields in your profile, except your username. Once you have registered your username, it becomes yours for life. In extreme circumstances, you may request that the administrator change your username, but he will require a very good reason to do so.

Signature: After you have registered, you may set your signature. This is a piece of text that you would like to be inserted at the end of all your posts, a little like having headed note paper. If the administrator has enabled signatures, then you will have the option to include your signature on any posts you make. If you have specified a signature, then the board will automatically append your signature to any messages you post. You can disable signatures on a per-post basis by un-ticking the “Show Signature” checkbox when you compose your message. You may turn the signature on and off on posts you have already made by editing the post and altering the state of the “Show Signature” option. You can set your signature by editing your profile.

Password: If you forget your password, you can click on the “Forgotten Your Password” link on any page that requires you to fill in your password. This will bring up a page where you should enter your registered email address, and your password will be automatically emailed to you immediately.

Disclaimer of Warranties. DC TRI CLUB provides this site and its content on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its content. DC TRI CLUB disclaims all such representations and warranties, whether express, implied OR STATUTORY, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, TITLE, noninfringement, or any WARRANTIES arising from a course of dealing, usage, or trade practice. In addition, DC TRI CLUB does not represent or warrant that THIS SITE OR THE CONTENT is accurate, reliable, complete, OR CURRENT, OR THAT YOUR ACCESs to the site will be uninterrupted or error-free. AS A SERVICE TO PERSONS WHO VISIT THIS SITE, DC TRI CLUB PERMITS ADVERTISERS AND OTHER THIRD PARTIES TO PUBLISH INFORMATION REGARDING THEMSELVES AND THEIR SERVICES AND/OR PRODUCTS. DC TRI CLUB DOES NOT RECOMMEND OR ENDORSE ANY OF THE ADVERTISERS, THIRD PARTIES, OR ANY OF THEIR PRODUCTS, RECOMMENDATIONS OR INFORMATION, AND IS NOT RESPONSIBLE FOR THE ACCURACY, EFFICACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, PRODUCT OR SERVICE MADE BY THESE ADVERTISERS OR OTHER THIRD PARTIES THROUGH THE SITE OR ON ANY LINKED WEBSITE. IT IS THE RESPONSIBILITY OF YOU THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE SITE. USERS ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT THEY MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR ANY OTHER DESTRUCTIVE OR HARMFUL PROGRAMS OR CODE.

Limitation of Liability. DC Tri Club shall not be liable for any direct, indirect, special, consequential, or incidental damages, including, without limitation, lost profits or revenues, costs or replacement goods, loss or damage to data arising out of the access, use or inability to access or use this Site, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure or any mistakes or omissions in, or delays in transmission or, information to or from the user, interruptions in telecommunications connections to the Site or viruses, however caused, theft or destruction of, or unauthorized access to the Site or its Content, or damages resulting from use of or reliance on any Content on this Site, even if DC Tri Club has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In jurisdictions where allowable, our liability is limited to the fullest extent allowed by law.

Hyperlinks. Certain links provided on this Site will launch websites of third parties that are not under the control of DC Tri Club. We provide these third party website links solely as a convenience to our Site visitors and the provision of any such link is not an endorsement by DC Tri Club of that website or any of the content, products, or services contained or offered on that website. When registering for, ordering or purchasing products or services from any party through a website which is linked to this Site, you will be entering into an agreement with that third party with respect to such products or services and not with DC Tri Club. In these cases, you should review and understand the terms and conditions posted by such third party and its privacy policy before you register, order or purchase. Except as specifically stated otherwise by DC Tri Club, the Terms of Use for this Site will not apply. DC Tri Club cannot and does not control the way these parties use or collect information or operate their businesses.

Copyright. This Site and its Content are all protected by copyrights owned by DC Tri Club or its licensors. With respect to any printouts of web pages permitted under these Terms of Use, you must include DC Tri Club’s copyright notice as follows: “Copyright [applicable year] DC Tri Club. All Rights Reserved.”

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide DC Tri Club’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying DC Tri Club that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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, including the auction ID number, if applicable;
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 copyright owner, its agent, or the law;
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.

DC Tri Club’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

John1zastrow@yahoo.com

Submissions. By submitting information and material to us, whether via e-mail, message board, forum or otherwise, including, but not limited to, personal information, feedback, questions, comments, suggestions, ideas, graphics or computer files of any type, you thereby expressly warrant that you are the owner of such material and grant DC Tri Club an irrevocable, worldwide license, royalty-free license to use any such information and material for any purpose. DC Tri Club will not be required to treat any submission from you as confidential, and we will not be liable for use of the ideas in its business and will not incur any liability as a result of any similarities that may appear in future DC Tri Club operations. You agree that you will not introduce any viruses, bugs, worms, trojan horses or other harmful computer code with anything you submit to this Site.

Privacy. We may use “Personal Information” that we receive from you when you use our Site to provide you with information regarding events and services via e-mail. For purposes of this policy, Personal Information means any information that identifies you, or can be used to identify, contact or locate you. Personal Information also includes information that, by itself does not identify you, but when combined with other information we have, can be used to personally identify, contact or locate you, for example, your name, address, phone number, fax number, email address, financial profiles, social security number and credit card information. Personal Information also includes information we receive from you regarding another person that identifies that person, or can be used to identify, contact or locate that person, including by combining that information with other information we already have.

We also may make extraordinary disclosures of your Personal Information. These extraordinary disclosures include, without limitation, (1) disclosures required by law, court order or other compulsory process, (2) disclosures made in voluntary cooperation with law enforcement agencies, (3) disclosures to government regulators, (4) disclosures made in an effort to prevent or halt illegal activities on, or the illegal use of, our Site, and (5) disclosures that we reasonably believe are necessary to defend against or prevent us from incurring liability to third parties.

Except as expressly provided or allowed in these Terms of Use, we will not disclose your Personal Information to any third party without your prior permission. However, these are publicly available forums, and you should realize that any information you provide in your profile (excluding your email address) will be viewable by others at any time.

International Users and Jurisdiction. This Site is maintained and controlled by DC Tri Club in the United States of America. DC Tri Club makes no representation that the Content and this Site are appropriate or available for use at other locations outside of the United States. Access to this Site from territories where this Site’s Content is illegal is prohibited. If you access this Site from locations outside the United States, you are responsible for compliance with all local laws applicable to your use of this Site. These Terms of Use shall be governed by and construed in accordance with the laws of the District of Columbia, without reference to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts of the District of Columbia and further agree to submit to personal jurisdiction of the courts of the District of Columbia for the purpose of litigating any claim or action. Further, the United States Export Control Laws prohibit the export of certain technical data and software to certain territories and countries. No Content from this Site may be downloaded in violation of United States law. This information is subject to all laws, regulations and administrative acts, now or hereafter in effect of the U.S. government regarding the exportation and/or re-exportation of information. The recipient of this information acknowledges that they will be responsible for compliance as necessary with such laws, regulations and administrative acts. Prior to the disclosure of information presented on this Site to or by any foreign national, the recipient will obtain any required governmental approvals in a manner consistent with these Terms of Use.

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