TERMS
OF SERVICE
There
is no charge from Footlockercc.com to sign up for wireless updates, but
standard text messaging charges may be applied by your phone carrier. Please consult your wireless service
provider.
Consult
our website’s privacy policy.
TERMS
OF SERVICE
i) This Terms of Service Agreement
(hereafter, “Agreement”) outlines the service provided by footlockercc.com. The
service is subject to the terms in the Agreement and the Privacy Policy
incorporated into the agreement by this reference. Footlockercc.com will provide updates and
information via a text message delivery for the Foot Locker Cross Country
Championships which include the Regional Championships and National
Championships. The updates will include but are not limited to real-time race
updates and post-race results.
ii.
Acceptance of the Terms of Service
By
clicking the accept button below, you are agreeing to the terms and conditions
of this Agreement. If you do not agree
to the Agreement in its entirety, the wireless text messaging service will not
be provided to you. By using this service by retrieving the messages provided,
you are agreeing to be bound by the Agreement.
iii. Registration Requirements
By
agreeing to the conditions of the Agreement, you are admitting an understanding
of your phone carrier’s text messaging rates and use. You agree to provide
complete and accurate information about yourself including your text messaging
address. If your information changes, it is your responsibility to update the
information. If you provide untrue or inaccurate
information, or if footlockercc.com has reasonable reason to believe that the
information provided is untrue, inaccurate or unusable, footlockercc.com
maintains the right to terminate the service and the terms of the Agreement. Footlockercc.com will be providing cross
country race results and information. As such it is the belief that the
information is suitable for audiences of all ages. It is the responsibility of
the service’s user or the guardian of the service’s user to determine the
suitability of the service the user.
iv. Service Reliability
Your
use of the text messaging updates from footlockercc.com is entirely at your own
risk. Footlockercc.com will transmit a
text message when it is technologically appropriate to do so. Footlockercc.com
assume no responsibility for lost messages by your carrier, faults in the
system, risks or effects on your life when you use the service by retrieving
the messages. Footlockercc.com makes no
warrants about the service of your carrier, connectivity to your wireless
service or its Internet server, access to your wireless device or its service,
or loss of connectivity between your carrier’s Internet server and footlockercc.com’s messaging server. It is your
responsibility to safely and properly use and maintain your equipment to
retrieve the messages provided.
v.
Account Security and Maintenance
Through
the registration process you will receive a username and password. It is your
responsibility to maintain the accuracy, currency and completeness of the
account information. It is your responsibility to secure the password to your
account and are responsible for any and all activity on your account whether by
you or by anyone accessing your account under your username and password. It is your responsibility to contact
Footlockercc.com in the event that you username, password or account are used
in any unauthorized manner.
vi.. Termination
You
agree that Footlockercc.om may terminate the service,
your username and password, your account and your use of the service at any
time and for any cause. Discontinuation of the service or deactivation of your
account may occur at any time and may or may not occur with prior notice. You
also agree that Footlockercc.com shall not be liable to you or any other party
for termination of the service or deactivation of the account.
vii.
Copyrights
The
content of the messages is Copyrighted material that may contain trademarks
that is protected by intellectual property and other laws. You agree to not distribute, copy, modify, sell, lease or create secondary
works from the information contained in the messages provided by the
service. This agreement and your use of
the service does not establish a license or right to Footlockercc.com, Foot
Locker or any other assignees trademarks or transfer copyrights to the
material.
viii Use of the
service
You
agree that the service is provided as described in this Agreement and
Footlockercc.com makes no warranty as to the timeliness, delivery or receipt of
the messages. It is your responsibility
to provide the equipment to receive wireless messages and obtain access to a
wireless messaging system. You are responsible for any and all fees associated
with accessing the wireless messaging system and receiving messages by your phone
or wireless device.
ix.
Disclaimer
By
accepting this Terms of Use Agreement you understand and agree that your use of
the service is at your own risk. The service is provided as described and may
be unavailable at the time of the events. Footlockercc.com expressly denies all
warranties, expressed or implied, of any kind. Footlockercc.com does not
warranty the suitability, reliability, accuracy or timeliness of the
information. The information provided by the service is for entertainment only
and may not meet your requirements or expectations. Footlockercc.com does not
make a warranty that the service will be secure or accessible by you. Use of
the service and acquisition of the messages is done at your own risk to you and
your equipment. Footlockercc.com is not responsible for any damage to your
equipment or for any data loss that may result from the acquisition of the
messages. No agreement obtained by you, whether written or oral, will supersede
this Agreement nor will any other agreement grant warranties not expressly
stated herein.
You
may have rights granted to you by your state other than those stated here.
x.
Limitation of Liability
You
agree that Footlockercc.com, or any of its affiliated parties, will not be
liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY damages, including but not limited to loss of profits, loss of
goodwill, loss of use, loss of data or any other tangible or intangible losses
even if advised of the possibility of the damage resulting from the use,
misuse, or inability to use the service. Nor shall Footlockercc.com or any of
its affiliated parties be liable for the cost of procurement of substitute
goods and services resulting from the damages resulting from the cost of
procurement of substitute goods and services resulting from any information
received or transactions entered into through or from the service. Footlockercc.com is not liable for the
statements or conduct of any third party on the service or for any other matter
relating to the service. Footlockercc.com is not liable for any claim attributable to errors, omissions, or other
inaccuracies in the service and/or materials or information downloaded through
the service. Footlockercc.com’s
liability is limited to $100.
You
may have rights granted to you by your state other than those stated here.
xi.
Resolution of Dispute
Any
dispute that arises from your use of the service or this Agreement or with
Footlockercc.com shall be resolved through binding arbitration in the state of
xii.. Changes to the Service
Footlockercc.com
reserves the right to modify, suspend, or discontinue the service at any time
and without notice. You agree that Footlockercc.com shall not be liable to you
or any third party for any changes to or elimination of the service.
xii.
Use of the Service
You
understand and agree that the service is intended for your personal entertainment
purposes only and that it is not to be relied upon in any way. Footlockercc.com
does not warrant the accuracy, completeness, utility or availability of the
information contained in the messages provided by the service and shall not be
liable for any decisions based on such information. You agree to not misuse, reproduce,
redistribute, copy, sell, resell or exploit for any purposes – personal or commercial
- any portion of the service, use of the service, or access to the service.
xiv.. Indemnity
You
agree to indemnify and hold harmless Footlockercc.com and all affiliated
parties harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use or misuse of
the service, your connection to the service, your violation of this Agreement,
or your violation of any rights of another.
xv.
General
This
Agreement is the entire agreement between you and Footlockercc.com. No prior
agreement, written or verbal, will take precedent over this agreement. You may
also be subject to additional terms and conditions of third party services or
software when accessing the service .This Agreement is governed by the laws of
the State of
The
section titles in this Agreement are for convenience only and have no legal or
contractual effect.