Policies:Event Manager / Regatta Manager Agreement

1. What the Contract Covers.

Welcome to the user agreement (the "Agreement" or "User Agreement") for Regatta Manager and Event Manager (the "Product"). This is a contract between you and Compete-At.com.  Sometimes Compete-At.com is referred to as we,” us” or our”.  This contract applies to any Event Manager, Product user, Product user Passport or MySailor Passport, products or services, including updates, that you use while this contract is in force.  All of the software, products or services are referred to in this contract as the service. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.Compete-At.com www.Product user-Manager.com, www.Marine-Suite.com, and www.Product user-Passport.com (the "Site") and the general principles for the websites of our subsidiaries. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

Please note that we do not provide warranties for the service.   The contract also limits our liability.   These terms are outlined in this document and we ask you to read them carefully.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Product. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Product user. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of other Compete-At websites and services will be governed by the User Agreement and Privacy Policy posted on those websites.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Compete-At.com. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on September 1st, 2006 for all users.

2. Membership Eligibility.

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Regatta Manager/Event Manager members. If you are a under the age of 18 and over the age of 13, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site.

3. How You May Use the Service.

In using the service, you will: obey the law; obey any codes of conduct or other notices we provide; obey the Compete-At Anti-spam Policy, which is available at http://www.compete-at.com/corporate/policies.htm; keep your account password secret; and promptly notify us if you learn of a security breach related to the service.

4. How You May Not Use the Service.

In using the service, you may not: use the service in a way that harms us or our affiliates, distributors, and/or vendors; use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Compete-At, or meta-searching”); use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service; damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyones use and enjoyment of the service; or resell or redistribute the service, or any part of the service.

5. You Are Responsible For Your Regatta Manager/Event Manager Account.

Only you may use your Regatta Manager/Event Manager account.  You are responsible for all activity that takes place with your account.  You may not authorize any third party to access and/or use the account on your behalf.

6. Access and Interference.

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Compete-At by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Regatta Manager and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

7. Breach.

Without limiting other remedies, we may limit your activity, immediately remove your events, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

8. Internet Access Service. 

This service does not include Internet access. You are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for our service.

9. Your Materials.

You may be able to submit materials for use in connection with the service.  Except for material that we license to you, we do not claim ownership of the materials you post or otherwise provide to us related to the service (called a submission”). However, by posting or otherwise providing your submission, you are granting to the public free permission to: use, copy, distribute, display, publish and modify your submission, each in connection with the service; publish your name in connection with your submission; and grant these permissions to other persons. This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law.  We will not pay you for your submission. We may refuse to publish, and may remove your submission from the service at any time.  For every submission you make, you must have all rights necessary for you to grant the permissions in this section.

10. Privacy.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://www.compete-at.com/corporate/policies.htm. If you object to your Information being transferred or used in this way please do not use our services.

11. Advertisements.

You are not allowed to place advertisements in or through the service.  Compete-At, our partners and we reserve the right to advertise on and in the system / site and in or on any marketing materials.  Any and all revenue generated by and received in conjunction with Regatta Manager or any of our other product or services is the sole possession of Compete-At.com.

12. No Warranty.

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

13. Liability Limit.

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

14. Indemnity.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

15. Legal Compliance.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

16. No Agency.

You and Compete-At are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

17. Assignment.

We may assign this contract, in whole or in part, at any time with or without notice to you.  You may not assign this contract, or any part of it, to any other person.  Any attempt by you to do so is void.  You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

18. No Third Party Beneficiaries.

This contract is solely for your and our benefit.  It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

19. Claim Must Be Filed Within One Year.

Any claim related to this contract or the service may not be brought unless brought within one year.   The one-year period begins on the date when the claim first could be filed.  If it is not filed, then that claim is permanently barred.  This applies to you and your successors.  It also applies to us and our successors and assigns.

20. Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to Compete-At, Attn: Event Manager 4905 Del Ray Ave., Bethesda, MD 20814. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Event Manager during the registration (sign up) process. In such case, notice shall be deemed given 3 days after the date of mailing.

21. Resolution of Disputes.

In the event a dispute arises between you and Compete-At, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Event Manager agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

21.1. Binding Arbitration.

For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Compete-At may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

21.2. Court.

Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Montgomery County, Maryland, USA.

21.3. Alternative Dispute Resolution.

Alternatively, Compete-At will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Montgomery County, Maryland, USA or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 23, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

22. Additional Terms.

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site: Privacy Policy: http://the Product.com/policies/privacy; Outage Policy: http://the Product.com/policies/outages. Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

23. General.

This Agreement shall be governed in all respects by the laws of the State of Maryland, USA as such laws are applied to agreements entered into and to be performed entirely within Maryland between Maryland residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Regatta Manager in accordance with Section 22 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 6 (Fees) with respect to fees owed for our services, Section 8 (Access and Interference), Section 14 (No Warranty), Section 15 (Liability Limit), Section 16 (Indemnity), and Section 23 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.

24. Event Rules, Regulations, and Procedures
By agreeing to this document you are declaring that you have read, understand and accept all of the documents posed on the events Document page and agree to abide by their terms. Furthermore if the competitor is a minor these terms must also be agreed to by the competitor's legal guardian.

25. Disclosures.

The services hereunder are offered by Compete-At., located at 4905 Del Ray Avenue, Suite 507, Bethesda, MD 20814, USA.