Terms of Service

By using and/or visiting this website (including all Content available through the www.lagrange.org domain name, the "Club Website", or "Website"), you signify your acceptance to both the Terms of Use and the Club’s Privacy Policy, which is incorporated by reference and is a part of this Terms of Use. If you do not agree to any of these terms, then please do not use the Club Website. IF YOU USE THIS WEBSITE, THEN YOU ARE BOUND BY THE TERMS OF USE, THE PRIVACY POLICY, AND OUR DISCLAIMER.

Club Website

These Terms of Use apply to every user of the Website, including a user just viewing the site, any user who is a contributor of content, information, and other materials or services on the Website or a user that in any way retrieves or downloads anything from this Website. The Website may contain links to third party websites that are not owned or controlled by the Club, such as of sponsors. The Club has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve, release, agree to indemnify and hold harmless the Club from any and all liability arising from your use of the Website and/or any third-party website.

Website Access

The Club grants you permission to use the Website as set forth in these Terms of Use, provided that: (1) your use of the Website as permitted is solely for your personal, noncommercial use; (2) you will not copy or distribute any part of the Website in any medium or format without the Club's prior written authorization (unless specified in the Limited License of the Disclaimer); and (3) you will otherwise comply with the terms and conditions of these Terms of Use.

In order to access some features of the Website, you will have to create an account which makes you a “User.” There are multiple different user levels which give you different levels of access and/or the ability to contribute information to the Club Website, which include: Anonymous User (browsing only), Authenticated User (registered with the site), Member (registered and paid Club Member), Expired Member (registered member whose dues are not current), Expiring Member (registered Member whose dues are coming due), Lifetime Member (a lifetime Member) and Contributor (a Member who has requested permission to add certain types of content to the Club Website).

You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You need to notify the Club immediately of any breach of security or unauthorized use of your account. Although the Club will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Club or others due to such unauthorized use.

You agree not to use or launch any automated system, including "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Club servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Club grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, and such materials may also be stored in caches or archives. The Club reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable Club or Member information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes, unless you are an approved Sponsor and your content has been approved in advance by the Club. Except in the case of approved Sponsors, you agree not to solicit, for commercial purposes, any users of the Website, including but not limited to with respect to their User Submissions.

Intellectual Property Rights

The content on the Website including without limitation, the text, software, scripts, graphics, photos, images, files, sounds, music, videos, interactive features and the like ("Content") and the Club and/or third-party trademarks, service marks and logos (the "Marks"), are owned by or licensed to Club, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Even if the Club grants limited rights to reproduce selected Content, it retains the copyright and all the rights associated with that Content, for example the right to reproduce, distribute, and create derivative works from the Content.

The Website permits the submission of photos, posts, results, documents or other communications submitted by you and other users ("User Submissions"). The Club provides the hosting, sharing, and/or publishing of such User Submissions. Whether or not User Submissions are published, the Club does not guarantee confidentiality with respect to any User Submissions and instead by making a User Submission the Member acknowledges that they are intending for such information to be published and available to other Members. The User is solely responsible for his or her own User Submissions and the consequences of posting or publishing them.

In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Club to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Submissions, and to enable use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. Each User retains all of his, her or its ownership rights in his, her or its User Submissions. However, by submitting the User Submissions to Club, you expressly grant to the Club a worldwide, non-exclusive, fully paid up, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Club's activities and operation (including the Brentwood Grand Prix), including without limitation for promoting and redistributing part or all of the Website (and any derivative works) in any media formats and through any media channels. You also expressly grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

Club reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted in these Terms of Service. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content.

You agree that you will: (i) not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Club all of the license rights granted in these Terms of Service; (ii) not publish falsehoods or misrepresentations that could harm or damage the Club or any third party; (iii) not submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) not post advertisements or solicitations of business; (v) not impersonate another person, and (vi) not promote slow or ineffective bicycle racing, and instead will race your best when wearing the Club kit.

Club does not endorse any opinion, recommendation, or advice expressed in the Website or any User Submissions, and the Club expressly disclaims any and all liability in connection with Published User content. The Club does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Club will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.

Club reserves the right to remove Content and User Submissions without prior notice. The Club will also terminate a User's access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Published content removed from the Website more than twice.

The Club also reserves the right to decide, in its sole and absolute discretion, whether Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Club may – and will - remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole and absolute discretion.

If you are a copyright owner or an agent of such owner and believe that any user generated content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Club’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or authorized electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Club's designated Copyright Agent to receive notifications of claimed infringement is: Thomas N. FitzGibbon, Pfeiffer FitzGibbon & Ziontz LLP, 233 Wilshire Blvd, Ste. 220, Santa Monica, CA 90401. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Club. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

You understand that when using the Website, you will be exposed to Published content from a variety of sources, and that the Club is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Published content, including User Submissions. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and by agreeing to these Terms of Service do waive, any legal or equitable rights or remedies you have or may have against the Club with respect to such matters, and agree to defend and indemnify and hold the Club, its Directors, Officers, agents, Sponsors, Members, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. The Club permits you to link to materials on the Website, including but not limited to as through Facebook, Twitter or other social media, for personal, non-commercial purposes only.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CLUB, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT. THE CLUB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE CLUB’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED BY THE CLUB NO MATTER THE LOCATION OF SUCH DATA, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

THE CLUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A SPONSOR OR OTHER THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE CLUB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY SPONSOR OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL THE CLUB, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE CLUB’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON SUCH SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CLUB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, INCLUDING THE STATE OF CALIFORNIA.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE CLUB SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER, SPONSOR AND/OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by the Club from its facilities in the State of California, in the United States. The Club makes no representations or warranties that the Club Website is appropriate or available for use in other locations. Those who access or use the Club Website from any jurisdiction do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless the Club, its officers, directors, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a Sponsor, Member and/or third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are under 18, please have your parents or legal guardian provide a consent to the Club on your behalf to joint the Club and to use the Website.

Assignment

These Terms of Use, and any rights and licenses granted by these Terms of Use, may not be transferred or assigned by you, but may be assigned by Club without restriction.

General

You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Club, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Any claim or dispute between you and the Club that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California. These Terms of Use, together with the Privacy Notice on the Website and any other legal notices published by the Club on the Website, shall constitute the entire agreement between you and the Club concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Club's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Club reserves the right to amend these Terms of Use at any time and without notice, although we will strive to send advance notice of any changes to you by e-mail or other method, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.