1. User’s Acknowledgment and Acceptance of Terms
Silver State Classic Challenge, Inc. (“Us” or “We”) provides the SSCC site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE
EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE,
OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION
AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE
AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT
WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES
EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS
SITE.
These Terms of Use are effective as of October 24, 2011. We expressly reserve
the right to change these Terms of Use from time to time without notice to
you. You acknowledge and agree that it is your responsibility to review this
site and these Terms of Use from time to time and to familiarize yourself with
any modifications. Your continued use of this site after such modifications will
constitute acknowledgement of the modified Terms of Use and agreement to
abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our
owners, subsidiaries, affiliated companies, officers, directors, suppliers,
partners, sponsors, and advertisers, and includes (without limitation) all
parties involved in creating, producing, and/or delivering this site and/or its
contents.
2. Description of Services
We make various services available on this site including, but not limited to,
a web-based collection of inspiring stories, educational material, and
advocacy opportunities for individuals: (a) facing mental, physical, or other
life challenges; and (b) looking for ways to be of service to others with
similar challenges, and other like services. You are responsible for providing,
at your own expense, all equipment necessary to use the services, including
a computer, modem, and Internet access (including payment of all fees
associated with such access).
We reserve the sole right to either modify or discontinue the site, including
any of the site’s features, at any time with or without notice to you. We will
not be liable to you or any third party should we exercise such right. Any new
features that augment or enhance the then-current services on this site shall
also be subject to these Terms of Use.
3. Registration Data and Privacy
In order to access some of the services on this site, you will be required to
use an account and password that can be obtained by completing our online
registration form, which requests certain information and data (“Registration
Data”), and maintaining and updating your Registration Data as required. By
registering, you agree that all information provided in the Registration Data
is true and accurate and that you will maintain and update this information
as required in order to keep it current, complete, and accurate.
You also grant us the right to disclose to third parties certain Registration Data
about you. The information we obtain through your use of this site, including
your Registration Data, is subject to our Privacy Policy, which is specifically
incorporated by reference into these Terms of Use.
4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you
are solely responsible for the substance of your communications through the
site. By posting information in or otherwise using any communications
service, chat room, message board, newsgroup, software library, or other
interactive service that may be available to you on or through this site, you
agree that you will not upload, share, post, or otherwise distribute or
facilitate distribution of any content — including text, communications,
software, images, sounds, data, or other information — that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit
or graphic descriptions or accounts of sexual acts (including but not limited to
sexual language of a violent or threatening nature directed at another
individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also
known as “spamming”), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, or limit the functioning of
any software, hardware, or telecommunications equipment or to damage or
obtain unauthorized access to any data or other information of any third party;
or
f. impersonates any person or entity, including any of our employees or
representatives.
We neither endorse nor assume any liability for the contents of any material
uploaded or submitted by third party users of the site. We generally do not
pre-screen, monitor, or edit the content posted by users of communications
services, chat rooms, message boards, newsgroups, software libraries, or
other interactive services that may be available on or through this site.
However, we and our agents have the right at their sole discretion to remove
any content that, in our judgment, does not comply with these Terms of Use
and any other rules of user conduct for our site, or is otherwise harmful,
objectionable, or inaccurate. We are not responsible for any failure or delay in
removing such content. You hereby consent to such removal and waive any
claim against us arising out of such removal of content. See “Use of Your
Materials” below for a description of the procedures to be followed in the event
that any party believes that content posted on this site infringes on any patent,
trademark, trade secret, copyright, right of publicity, or other proprietary right
of any party.
In addition, you may not use your account to breach security of another
account or attempt to gain unauthorized access to another network or server.
Not all areas of the site may be available to you or other authorized users of
the site. You shall not interfere with anyone elses use and enjoyment of the
site or other similar services. Users who violate systems or network security
may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your
membership, account, or other affiliation with our site without prior notice to
you for violating any of the above provisions. In addition, you acknowledge
that we will cooperate fully with investigations of violations of systems or
network security at other sites, including cooperating with law enforcement
authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include
references to information, documents, software, materials and/or services
provided by other parties. These sites may contain information or material
that some people may find inappropriate or offensive. These other sites and
parties are not under our control, and you acknowledge that we are not
responsible for the accuracy, copyright compliance, legality, decency, or any
other aspect of the content of such sites, nor are we responsible for errors or
omissions in any references to other parties or their products and services.
The inclusion of such a link or reference is provided merely as a convenience
and does not imply endorsement of, or association with, the site or party by
us, or any warranty of any kind, either express or implied.
6. Intellectual Property Information
Copyright (c) January 1, 2018 Silver State Classic Challenge, Inc. All Rights Reserved. For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.
By accepting these Terms of Use, you acknowledge and agree that all content
presented to you on this site is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws, and is the sole property
of Silver State Classic Challenge, Inc. and/or its Affiliates. You are only
permitted to use the content as expressly authorized by us or the specific
content provider. Except for a single copy made for personal use only, you
may not copy, reproduce, modify, republish, upload, post, transmit, or
distribute any documents or information from this site in any form or by any
means without prior written permission from us or the specific content
provider, and you are solely responsible for obtaining permission before
reusing any copyrighted material that is available on this site. Any
unauthorized use of the materials appearing on this site may violate copyright,
trademark and other applicable laws and could result in criminal or civil
penalties.
Neither we or our Affiliates warrant or represent that your use of materials
displayed on, or obtained through, this site will not infringe the rights of third
parties. See “User’s Materials” below for a description of the procedures to be
followed in the event that any party believes that content posted on this site
infringes on any patent, trademark, trade secret, copyright, right of publicity,
or other proprietary right of any party.
The following are registered trademarks, trademarks or service marks of Silver State Classic Challenge, Inc. or its Affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Silver State Classic Challenge, Inc. or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Silver State Classic Challenge, Inc. or its Affiliates.
7. Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material that you
transmit to this site or to us, whether by electronic mail, post, or other
means, for any reason, will be treated as non-confidential and non-
proprietary. While you retain all rights in such communications or material,
you grant us and our agents and affiliates a non-exclusive, paid-up,
perpetual, and worldwide right to copy, distribute, display, perform, publish,
translate, adapt, modify, and otherwise use such material for any purpose
regardless of the form or medium (now known or not currently known) in
which it is used.
Please do not submit confidential or proprietary information to us unless we
have mutually agreed in writing otherwise. We are also unable to accept your
unsolicited ideas or proposals, so please do not submit them to us in any
circumstance.
We respect the intellectual property of others, and we ask you to do the same.
If you or any user of this site believes its copyright, trademark or other
property rights have been infringed by a posting on this site, you or the user
should send notification to our Designated Agent (as identified below)
immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been
infringed upon or other information sufficient to specify the copyrighted work
being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed
in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email
address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the
owner/administrator of the allegedly infringing webpage or other content
(email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the
copyrighted materials described above as allegedly infringing is not authorized
by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that
the information in the notification is accurate and that I am the copyright
owner or am authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.”
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: R. Kelley Gibbs: 1139 E. Aultman Suite C, Ely, NV 89301
Phone: 510 410 2790
You acknowledge and agree that upon receipt of a notice of a claim of
copyright infringement, we may immediately remove the identified materials
from our site without liability to you or any other party and that the claims of
the complaining party and the party that originally posted the materials will
be referred to the United States Copyright Office for adjudication as provided
in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A)
THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE
SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR
RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR
INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US
OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM
MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO
THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND
DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT
NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE,
AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION
OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in
commercial transactions with other users and vendors. You acknowledge that
all transactions relating to any merchandise or services offered by any party,
including, but not limited to the purchase terms, payment terms, warranties,
guarantees, maintenance and delivery terms relating to such transactions, are
agreed to solely between the seller or purchaser of such merchandize and
services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU
UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED
ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN
CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR
INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY
IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER
OF OUR AFFILIATES.
Content available through this site often represents the opinions and
judgments of an information provider, site user, or other person or entity not
connected with us. We do not endorse, nor are we responsible for the accuracy
or reliability of, any opinion, advice, or statement made by anyone other than
an authorized Silver State Classic Challenge, Inc. spokesperson speaking in
his/her official capacity. Please refer to the specific editorial policies posted on
various sections of this site for further information, which policies are
incorporated by reference into these Terms of Use.
You understand and agree that temporary interruptions of the services
available through this site may occur as normal events. You further
understand and agree that we have no control over third party networks you
may access in the course of the use of this site, and therefore, delays and
disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided
“AS IS” and that we assume no responsibility for the timeliness, deletion, mis-
delivery or failure to store any user communications or personalization
settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM
THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS
AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN
CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE,
INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our
Affiliates harmless from all liabilities, claims, and expenses, including
attorney’s fees, that arise from your use or misuse of this site. We reserve
the right, at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event
you will cooperate with us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your
password and account and for any and all statements made and acts or
omissions that occur through the use of your password and account.
Therefore, you must take steps to ensure that others do not gain access to
your password and account. Our personnel will never ask you for your
password. You may not transfer or share your account with anyone, and we
reserve the right to immediately terminate your account if you do transfer or
share your account.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third
parties. You may enter into correspondence with or participate in promotions
of the advertisers showing their products on this site. Any such
correspondence or promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or
representations associated with such correspondence or promotions, are
solely between you and the advertiser. We assume no liability, obligation or
responsibility for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively,
“Communications”) available to users of our site, either directly or through a
third-party provider. We make available separate supplemental agreements
characterizing the relationship between you and us that, except where
expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except
with the consent of the sender or the recipient, or in the narrowly-defined
situations provided under the Electronic Communications Privacy Act, or as
other required by law or by court or governmental order.
Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our
users from mass unsolicited communications (also known as “spam”) and/or
other types of electronic communications that we deem inconsistent with our
business purposes. However, such devices or techniques are not perfect, and
we will not be responsible for any legitimate communication that is blocked,
or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum
permitted storage space, we may employ automated devices that delete or
block email messages that exceed the limit. We will not be responsible for
such deleted or blocked messages.
14. International Use
Although this site may be accessible worldwide, we make no representation
that materials on this site are appropriate or available for use in locations
outside the United States, and accessing them from territories where their
contents are illegal is prohibited. Those who choose to access this site from
other locations do so on their own initiative and are responsible for
compliance with local laws. Any offer for any product, service, and/or
information made in connection with this site is void where prohibited.
15. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your
access to all or part of the site with or without notice and for any reason,
including, without limitation, breach of these Terms of Use. Any suspected
fraudulent, abusive or illegal activity may be grounds for terminating your
relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your
right to use the services available on this site immediately ceases, and you
acknowledge and agree that we 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 this site. We shall not be liable to you or any
third party for any claims or damages arising out of any termination or
suspension or any other actions taken by us in connection with such
termination or suspension.
16. Governing Law
This site (excluding any linked sites) is controlled by us from our offices
within the Nevada, United States of America. It can be accessed from all 50
states, as well as from other countries around the world. As each of these
places has laws that may differ from those of California, by accessing this
site both of us agree that the statutes and laws of the State of Nevada,
without regard to the conflicts of laws principles thereof and the United
Nations Convention on the International Sales of Goods, will apply to all
matters relating to the use of this site and the purchase of products and
services available through this site. Each of us agrees and hereby submits to
the exclusive personal jurisdiction and venue any court of competent
jurisdiction within the State of Nevada with respect to such matters.
17. Notices
All notices to a party shall be in writing and shall be made either via email or
conventional mail. Notices to us must be sent to the attention of Customer
Service at Silver State Classic Challenge sscc.us@gmail.com if by email, or at
Silver State Classic Challenge, Inc. 1139 E. Aultman Suite C, Ely, NV 89301
if by conventional mail. Notices to you may be sent to the address supplied
by you as part of your Registration Data. In addition, we may broadcast
notices or messages through the site to inform you of changes to the site or
other matters of importance, and such broadcasts shall constitute notice to
you at the time of sending.
18. Entire Agreement
These terms and conditions constitute the entire agreement and
understanding between us concerning the subject matter of this agreement
and supersedes all prior agreements and understandings of the parties with
respect to that subject matter. These Terms of Use may not be altered,
supplemented, or amended by the use of any other document(s). Any
attempt to alter, supplement or amend this document or to enter an order
for products or services which are subject to additional or altered terms and
conditions shall be null and void, unless otherwise agreed to in a written
agreement signed by you and us. To the extent that anything in or
associated with this site is in conflict or inconsistent with these Terms of
Use, these Terms of Use shall take precedence.
19. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be
entitled to costs and attorneys’ fees. Any cause of action brought by you
against us or our Affiliates must be instituted with one year after the cause
of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to
any party, and any purported attempt to do so will be null and void. We may
free assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any
commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused
from liability for non-delivery or delay in delivery of products and services
available through our site arising from any event beyond our reasonable
control, whether or not foreseeable by either party, including but not limited
to, labor disturbance, war, fire, accident, adverse weather, inability to secure
transportation, governmental act or regulation, and other causes or events
beyond our reasonable control, whether or not similar to those which are
enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use
or related rights shall not constitute a waiver of that right or provision.
20. Contact Information
Except as explicitly noted on this site, the services available through this site are offered by Silver State Classic Challenge, Inc. located at 1139 E. Aultman Street, Suite C, Ely, NV 89301. If you notice that any user is violating these Terms of Use, please contact us at Silver State Classic Challenge, Inc. at
sscc.us@gmail.com.