Terms of Service

 

EventCow.org Terms of Service

 

Welcome to the web site of Hawkinsoft LLC and its online registration services. This web site and other Hawkinsoft LLC web sites (collectively, the Hawkinsoft LLC Web Site or the 'Web Site') provide general information about Hawkinsoft LLC and its services and allow you to register for certain services and events sponsored and operated by third parties (collectively, 'Event Sponsor,' which term refers to both sponsors and operators). 

All users of the Hawkinsoft LLC Web Site are subject to the following terms and conditions of use (these 'Terms of Use'). 

Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Hawkinsoft LLC Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site. 

Hawkinsoft LLC may modify or supplement these Terms of Use at any time without notice by posting the amended terms to this Web Site. Your continued use of the Hawkinsoft LLC Web Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site. 


USE OF THE Hawkinsoft LLC WEB SITE 
You agree to use the Hawkinsoft LLC Web Site only for lawful purposes:

Specifically, you agree not to do any of the following: (1) use the Hawkinsoft LLC Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (2) misrepresent an affiliation with any person or organization; (3) restrict or inhibit use of the Hawkinsoft LLC Web Site by others; (4) upload or otherwise transmit files that contain a virus or corrupted data; (5) collect information about others (including e-mail addresses) without their consent; (6) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Hawkinsoft LLC Web Site or that you have a contractual obligation to keep confidential; or (7) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Hawkinsoft LLC Web Site, or which, as determined by Hawkinsoft LLC, may harm Hawkinsoft LLC or users of the Hawkinsoft LLC Web Site or expose them to liability. You understand and acknowledge that you are responsible for whatever you submit to this Web Site and you, not Hawkinsoft LLC, have full responsibility for it, including its legality, reliability and appropriateness. By uploading or otherwise transmitting information or other material to Hawkinsoft LLC or to any area of the Hawkinsoft LLC Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Hawkinsoft LLC and/or post it to the Hawkinsoft LLC Web Site. You grant to Hawkinsoft LLC the right to use all information or other material you upload or otherwise transmit to Hawkinsoft LLC or the Hawkinsoft LLC Web Site in any manner Hawkinsoft LLC chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. Hawkinsoft LLC reserves the right, but does not assume any responsibility, to (1) remove any information or other material from the Hawkinsoft LLC Web Site which Hawkinsoft LLC, in its sole discretion, deems inconsistent with the foregoing commitments, including anything Hawkinsoft LLC has been notified, or has reason to believe, constitutes copyright infringement; and (2) terminate any user’s access to all or part of the Hawkinsoft LLC Web Site. However, Hawkinsoft LLC can neither review all information or other material before it is posted on the Hawkinsoft LLC Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Hawkinsoft LLC assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Hawkinsoft LLC reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, Hawkinsoft LLC has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. Hawkinsoft LLC reserves the right to modify, reject or eliminate any information residing on or transmitted to the Hawkinsoft LLC Web Site.

Your failure to comply with the foregoing provisions may result in the termination of your access to the Hawkinsoft LLC.com Web Site and may expose you to civil and/or criminal liability.


ONLINE REGISTRATIONS AND PURCHASES 
All registrations and purchases made through the Hawkinsoft LLC Web Site are governed by these Terms of Use and any other terms specified on this Web Site as applicable to such registrations or purchases, which terms are hereby incorporated into these Terms of Use. All confirmed orders are final once payment is submitted. Hawkinsoft LLC does not issue refunds. Any event or service sponsored or operated by an Event Sponsor and any product sold by an Event Sponsor are not the responsibility of Hawkinsoft LLC and you agree to hold Hawkinsoft LLC.com and its agents harmless from any liability or injury arising from or related to your participation in any such event or service or your purchase of any such product. Event Sponsors have provided some of the information included in this Web Site and Hawkinsoft LLC neither verifies, certifies, nor is responsible for the accuracy or completeness thereof. All confirmed orders are final once payment is submitted. Hawkinsoft LLC does not issue refunds 

REFUND POLICY 
The one dollar fee paid to Professional Plus is a non-refundable payment. Refunds of the remaining registration fee are left to the discretion of each individual race director using Hawkinsoft LLC's system to process their online payments.

COPYRIGHT RESTRICTIONS/USE OF CONTENT 
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Hawkinsoft LLC or an Event Sponsor or their licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Hawkinsoft LLC Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer of Hawkinsoft LLC or of an Event Sponsor. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Web Site without the prior written consent of Hawkinsoft LLC, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Hawkinsoft LLC Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with Hawkinsoft LLC.com or the applicable owner of such content. Except as expressly authorized by Hawkinsoft LLC.com in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site. 


TRADEMARKS Hawkinsoft LLC, EventCow.org, Professional Plus and Product and service names, the logo, the design marks and the slogans of Hawkinsoft LLC are the trademarks, service marks or registered trademarks of Hawkinsoft LLC. All other products or service marks contained herein are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Hawkinsoft LLC name and logo may not be used in any commercial manner without the prior written consent of Hawkinsoft LLC. 


DEALINGS WITH RACE DIRECTORS AND OTHER THIRD PARTIES
If you choose to correspond, participate in a promotion or engage in transactions with any individual or business found on or through this Web Site, you acknowledge and agree that Hawkinsoft LLC is not a party to, and will not be responsible for, your interaction with such individual or business, including such party’s treatment of your information and the terms and conditions applicable to any transaction between you and such party. The terms of your interaction with such party are solely between you and such party. You agree that Hawkinsoft LLC will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such parties on this Web Site. 


LIABILITY OF Hawkinsoft LLC, EVENT SPONSORS AND LICENSORS
You assume all responsibility and risk for the use of this Web Site and the Internet. Neither Hawkinsoft LLC nor any Event Sponsor assumes any liability for the materials, information and opinions provided on, or available through, the Hawkinsoft LLC Web Site (the 'Site Content'). Any of the Site Content may include technical, accuracy and typographical errors. Hawkinsoft LLC has the right to make changes and updates to the Site Content without prior notice. Neither the Site Content nor any advice or information given by Hawkinsoft LLC or any Event Sponsor shall create any warranty. Reliance on such advice, information or the Site Content is solely at your own risk. Hawkinsoft LLC and each Event Sponsor disclaim any liability for injury or damages resulting from the use thereof. 


THE Hawkinsoft LLC WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITH ALL FAULTS. NEITHER Hawkinsoft LLC NOR ANY Event Sponsor MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE Hawkinsoft LLC WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER Hawkinsoft LLC NOR ANY Event Sponsor WARRANTS OR REPRESENTS THAT THE Hawkinsoft LLC WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE Hawkinsoft LLC WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE Hawkinsoft LLC WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Hawkinsoft LLC AND EACH Event Sponsor DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. 


Neither Hawkinsoft LLC nor any Event Sponsor shall be liable for any damages of any kind whatsoever (1) arising out of your reliance on the information on this Web Site or (2) resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of or browsing in this Web Site or any other linked web sites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from this Web Site or any linked web site or the Internet generally 

IN NO EVENT WILL Hawkinsoft LLC OR ANY Event Sponsor OR ANY OF THEIR LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE Hawkinsoft LLC WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE Hawkinsoft LLC WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY Hawkinsoft LLC OR ANY Event Sponsor AND WHETHER OR NOT Hawkinsoft LLC OR ANY Event Sponsor HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. 


INDEMNIFICATION 
You agree to indemnify and hold harmless Hawkinsoft LLC and each Event Sponsor and their respective officers, directors, shareholders, employees, agents, affiliates, third party information providers, licensors and others involved in the Hawkinsoft LLC Web Site or the delivery of products, services or information over the Hawkinsoft LLC Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of the Hawkinsoft LLC Web Site or any products, services or information obtained from this Web Site. 


PRIVACY; PROTECTION OF PERSONAL INFORMATION Hawkinsoft LLC’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Hawkinsoft LLC Privacy Policy, which is incorporated by reference into these Terms of Use. 


COMMENTS AND SUBMISSIONS Anything that you submit to or through Hawkinsoft LLC or the Hawkinsoft LLC Web Site is non-confidential for all purposes and will not be held in confidence. Hawkinsoft LLC does not want to receive confidential or proprietary information from any user through its web sites. Should you provide Hawkinsoft LLC or its advertisers or business partners with information, including but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on this Web Site, such information shall be deemed to be nonproprietary and non-confidential and shall become the property of Hawkinsoft LLC and you agree that all intellectual property rights therein are transferred to Hawkinsoft LLC. Hawkinsoft LLC assumes no obligation to protect such information from disclosure. The submission of such information to Hawkinsoft LLC shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Hawkinsoft LLC for any purpose whatsoever and Hawkinsoft LLC shall be free to reproduce, use, display, broadcast, disclose, transmit and distribute the information to others without restriction. Hawkinsoft LLC cannot prevent the “harvesting” of information from this Web Site, and a user may be contacted by Hawkinsoft LLC or unrelated third parties by e-mail or otherwise, within or outside of this Web Site. In addition, while there is no limitation on how a user’s information may be used, Hawkinsoft LLC may use your IP address to help diagnose problems with its server and administer this Web Site, or to help identify you and to gather broad demographic information. 


LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES The Hawkinsoft LLC Web Site contains links to other web sites on the Internet. Hawkinsoft LLC is not responsible for and does not endorse the content, products, services or privacy practices of any third party web sites,including, without limitation, Event Sponsor sites, sites framed within the Hawkinsoft LLC Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites. Further, a reference on the Hawkinsoft LLC Web Site to any products, events, services, processes, hypertext links to third parties or other information by trademark, trade name, manufacturer, supplier or otherwise does not constitute or imply Hawkinsoft LLC’s endorsement, sponsorship or recommendation. Product, event and service information are solely the responsibility of each individual Event Sponsor or other vendor and Hawkinsoft LLC does not make any representations regarding the quality, content or accuracy of such information or provide any warranties as to such parties’ products, trademarks, trade names or trade dress. 


COMPLIANCE
The owner of this Web Site is based in the State of Missouri, USA. Except as explicitly stated otherwise on this Web Site, Hawkinsoft LLC makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws. 


GOVERNING LAW; JURISDICTION
The posting of this Web Site on the World Wide Web is a passive activity in itself. Access to this Web Site by persons in any jurisdiction does not imply that Hawkinsoft LLC intends to purposely avail itself of the privilege of conducting activities within such jurisdiction, nor does it imply that Hawkinsoft LLC invokes the benefits and protections of the law of such jurisdiction. This Web Site was developed in the United States of America in accordance with, and shall be governed by, and your use of this Web Site shall be deemed acceptance of, the laws of the State of Missouri and the United States of America. These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Missouri, USA, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Hawkinsoft LLC Web Site shall be in the state or federal courts located in Missouri. You agree to submit to the jurisdiction of such courts. Notwithstanding the foregoing, this Web Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Hawkinsoft LLC intends to make such products and services available in such countries. 


MISCELLANEOUS 
If any part of these Terms of Use is unenforceable, the unenforceable part shall be modified to the minimum extent necessary to reflect, as nearly as possible, the original intentions of the parties and the other provisions of these Terms of Use shall remain in full force and effect. Hawkinsoft LLC’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of such provision. Neither a course of dealing or conduct between you and Hawkinsoft LLC nor any trade practices shall be deemed to modify these Terms of Use. 

In addition to the above terms and conditions, anyone registering through Hawkinsoft LLC's website is also subject to the terms and conditions of PayPal.com.