The Boilermaker 15K & 5K Road Race

Terms And Conditions

Last updated May 11, 2011

Welcome to the Boilermaker.com (the "Site"). The Boilermaker Road Race, Inc. ("Boilermaker", "We" or "Our") is pleased to provide this Site as a service to You the user ("You" or "Your"). Please review the following terms and conditions of use, which govern Your use of the Site (the "Agreement").

Before You begin using the Site, We urge You to carefully read this Agreement. The services and products offered through the Site shall be provided subject to the terms of this Agreement. By accessing the Site, You agree to be bound by the terms and conditions set forth below. If You do not agree to be bound by the terms and conditions of this Agreement, You may not use the Site.

We may modify this Agreement at any time. All modifications will be posted on Our Website at www.boilermaker.com and announced in the "Announcements" section of Our Website. We urge You to review the Agreement periodically as posted on www.boilermaker.com to ensure You are aware of any updates and amendments to these terms and conditions. All modifications shall become effective as of the date they are posted to Our Website and Your continued access or use of the Site shall be deemed to be Your conclusive acceptance of the modified Agreement.

 

The Boilermaker Store Pricing and Content Information.

While We strive to provide accurate pricing information and content descriptions of the merchandise that is available for purchase through the Site, pricing, descriptive or other substantive or typographical errors may occur. In the event that an item is listed at an incorrect price due to an error in pricing, We reserve the right, at Our sole discretion, to refuse or cancel any orders placed for that item. We have made every effort to display as accurately as possible the colors of Our products that appear on the Site but We cannot guarantee that Your computer monitor's display of any color will be accurate. In the event that a merchandise description is inaccurate Your sole remedy is to return it in unused condition pursuant to Our Return Policy. We do not warrant that product descriptions or other content on this Site is accurate or error-free. Certain products are available exclusively online through the Site. These products may have limited quantities and may be subject to return or exchange only through the Site according to the applicable return policy.

 

Site Transactions.

We reserve the right to refuse any order You place with us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event We make a change to or cancel an order, We will attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.

 

Return Policy

We want You to love what You ordered, so if something is not right, let us know. If You are not satisfied with an item that You have purchased, You may return or exchange the item within 30 days of delivery*. To receive a full refund of the purchase price, minus shipping and handling, or to receive an exchange, the item You are returning must be returned in new and unused condition, in original packaging (whenever possible), and with a copy of your sales receipt or invoice to ensure full credit.

*We do not accept returns or exchanges on any sale merchandise.

Please send all returns/exchanges to the address below within 30 days of your purchase date with Your intentions for a refund or an exchange.

Boilermaker Returns
114 Genesee Street
Utica, New York 13502

Any questions regarding our return policy can be emailed to: elemire@boilermaker.com.

You can expect to receive Your refund within three weeks of shipping your package back to us. We will notify You via email with the details of Your refund, and issue Your refund in the form of payment used to make Your purchase.

 

Right to Change or Terminate the Site.

We reserve the right, at any time in Our sole discretion, to modify, suspend or discontinue the Site or any service, content, merchandise, feature or product offered through the Site, with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, merchandise, feature or product offered through the Site.

 

Site Contents

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by the Boilermaker.

The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for Your personal use only. No right, title or interest in any downloaded Content is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

Unless otherwise specified, the Site and the Contents are intended to promote Boilermaker products and services available in the United States.

 

Community Guidelines & User Content

The Site may contain comment sections, discussion forums, bulletin boards, or other interactive features ("Interactive Areas") in which You may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, "User Content"). You are solely responsible for Your use of any Interactive Areas and You use them at Your own risk. By submitting User Content to an Interactive Area, You represent that You are at least 18 years old and You either own or otherwise control all of the rights to the applicable User Content that are necessary for You to post or upload such User Content to the Interactive Areas of the Site.

If You submit any User Content or participate in an Interactive Area within or in connection with the Site, You agree to abide by the following rules of conduct:

  1. You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
  2. You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
  3. You agree not to upload, post or otherwise transmit any material that contains or advocates pornography or that is otherwise obscene or offensive to the online community.
  4. You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a crime;
  5. You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
  6. You agree not to upload, post or otherwise transmit, without Boilermaker's express prior written approval, User Content which contains advertising or any solicitation with respect to products or services;
  7. You agree not to impersonate any person or entity, including, but not limited to, any Boilermaker employee, or falsely state or otherwise misrepresent Your affiliation with any person or entity;
  8. You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about the Site’s users or posting private information about a third party;
  9. You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
  10. You agree not to interfere with or disrupt the Site;
  11. You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  12. You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right.
  13. Any conduct that in Our sole discretion restricts or inhibits anyone else from using or enjoying the Site or the services will not be permitted. We reserve the right in Our sole discretion to remove or edit User Content by You and to terminate Your access to the Site for any reason. We are not responsible for User Content submitted to the Site by users of the Site.

Monitoring. We have the right, but not the obligation, to monitor User Content posted or uploaded to the Site to determine compliance with this Agreement and any operating rules established by the Boilermaker and to satisfy any law, regulation or authorized government request. Although We have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site, We reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Site at any time and for any reason, and You are solely responsible for creating backup copies of and replacing any User Content posted to the Site at Your sole cost and expense.

Non-Confidential. User Content submitted by You will be considered non-confidential and We are under no obligation to treat such User Content as proprietary information except pursuant to the Boilermaker Privacy Policy.

 

Personal Information Submitted Through the Sites

Your submission of personal information through the Site is governed by Our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer of the Site. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

 

Copyright Complaints

Boilermaker respects the intellectual property of others. If You believe that Your work has been copied in any way that constitutes copyright infringement, please contact us by mail: Boilermaker Road Race, P.O. Box 512, Utica, New York 13503.

 

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER BOILERMAKER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL PRODUCTS PURCHASED THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS.

THE SITE MAY OFFER HEALTH, FITNESS OR NUTRITIONAL INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE. BOILERMAKER IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.

NEITHER BOILERMAKER ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL BOILERMAKER ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, BE LIABLE FOR ANY DAMAGES (INCLUDING THIRD PARTY CLAIMS), INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES OR PRODUCTS PURCHASED FROM THE SITE.

Boilermaker disclaims any and all liability of any kind for any unauthorized access to or use of Your personally identifiable information. By accessing the Site, You acknowledge and agree to Our disclaimer of any such liability. If You do not agree, You should not access or use the Site.

 

Indemnification

You agree to defend, indemnify and hold harmless the Boilermaker, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of Your use of the Site.

 

Links to Other Web Sites and Services

The Site may contain links to other websites that are not under Our control. We have no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for Your convenience and information.

 

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both You and Boilermaker agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

(1) to Boilermaker Road Race Inc. at: P.O. Box 512, Utica, New York 13503 Attn: Tim Reed, Executive Director
(2) to You at: Your last-used billing address or the billing and/or shipping address in Your online profile.

Both You and the Boilermaker agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

 

Miscellaneous

This Agreement, together with the Privacy Policy constitutes the entire agreement between You and Boilermaker with respect to Your use of the Site and supersedes all prior agreements and understandings between You and Boilermaker. Our failure to enforce any provision of this Agreement should not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

This Agreement and Your relationship with the Boilermaker will be governed by the laws of the State of New York without regard to its conflict of law provisions.

 

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