Legal

The PMC Unpaved website along with the services and information available in it support our mission to raise money for life-saving cancer research and treatment at Dana-Farber Cancer Institute.

This Website is comprised of various documents and web pages created and maintained by the Pan-Mass Challenge (PMC). In several provisions, we may specifically mention, for emphasis purposes, the information, content, or services provided on this Website when we talk about this Website; however, references to the term "Website" always include, regardless of whether specifically mentioned, any and all information, content and services available via this Website. This Website is subject to the following website terms of use and policies ("Terms of Use").

The terms "Pan-Massachusetts Challenge", "Pan-Mass Challenge”, “PMC", "we", and "our" are used in this site for purposes of convenience and are intended to refer to the PMC or related parties either individually or collectively, as the context may require.

Acceptance of Terms of Use

Please read these Terms of Use carefully. From time to time and at its sole discretion, the PMC reserves the right to change these Terms of Use for any reason. If the Terms of Use change, we will post the revised Terms of Use on this Website, which means that the then-current Terms of Use posted on this Website will always be the governing Terms of Use. We encourage you to review the Terms of Use regularly for any changes. Your continued use of this Website will mean acceptance of any changes we make to the Terms of Use.

The use of the terms "Website" and "Sites" include the respective website's domain and any of its sub-domains, and any content, sites, services, information, or web pages hosted by or made available on the domain or any of its sub-domains.

This Website, the other Sites are all offered to you free of charge on the express condition that you accept, without modification, and abide by these Terms of Use. If you do not agree to the Terms of Use, please do not use this Website. By using this Website (including the use of any of the information, content or services available via this Website), you agree that you have read, understood and agree to be bound by these Terms of Use.

Communication

The PMC is the sole owner of this website. If you have any questions about our website terms of use and policies, you may contact us by:

Email: unpaved@pmc.org

Mail: Pan-Mass Challenge, 77 4th Avenue, Needham, MA 02494

Telephone: 781-449-5300

Accuracy of Information

Although the PMC makes reasonable efforts to ensure that the information provided through this Website is current and accurate, the PMC makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information, and the PMC makes no commitment and disclaims any duty to update such information. All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability.

Intellectual Property

This Website (including without limitation, the information, content, or services provided on this Website, and the design and layout of this Website) is protected by copyright, trademark and other proprietary and intellectual property rights of the PMC or third parties. Except as expressly permitted herein, no portion of this Website, including trademarks, logos and service marks, may be reproduced, displayed, downloaded (including without limitation, any pictures or images), or used in any form, or by any means, without the prior written permission from the PMC. The PMC hereby grants PMC participants (riders, virtual riders, teams and volunteers) permission to use its content, logos, images, photos and videos for PMC fundraising purposes only.

Except as set forth above or otherwise expressly permitted in our Copyright Policy, (i) the documents, information, content, pictures, images, HTML code, and web pages on this Website may not be copied, reproduced, republished, retransmitted, sold, modified, used, or exploited in any other way, and (ii) nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right including, without limitation, any patent, trademark, service mark or copyright of the PMC or of any third party.

You agree that any person to whom the content is provided directly or indirectly through you, will be advised of the terms of this Agreement, and that each such person is bound by these terms. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the contents of this Website.

Use of this Website

You may use this Website for lawful purposes only and only in accordance with these Terms of Use. You are prohibited from using on this Website, from transmitting to or through this Website, or linking to or from this Website (i) any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable or harmful material, (ii) any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right, (iii) any content referencing, facilitating, promoting or using the following: gambling, gaming, lottery, raffles, drawings, or prize promotions of any kind, including one of chance or skill that awards or provides a prize of value to a winner; or (iv) content that is used in a manner that is contrary to the PMC's public image, goodwill, reputation or mission, or in a manner that is otherwise inappropriate, derogatory or offensive (collectively, "Objectionable Material"), in each case, as determined by the PMC in its sole and absolute discretion. The PMC reserves the right to delete, destroy or otherwise remove (or to require you to delete, destroy or otherwise remove) any Objectionable Material.

Any information submitted or communicated to the PMC through use of this Website that does not include personal information or data about you is non-confidential and non-proprietary, and the PMC may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose. The PMC is under no obligation to use or post any such information and may remove any information it does post at any time in its sole discretion, with or without notice to you.

You hereby agree that you will hold indemnify, defend, and hold harmless the PMC and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website, including any information or material viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, or defamatory.

Disclaimer of Liability

This Website contains general information and may contain errors, omissions and inaccuracies. The PMC assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to this Website. This Website (including the content and information found on this Website) should not be relied upon for any personal, commercial or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances. The PMC may make modifications and/or changes to this Website at any time without notice.

THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS BEING USED BY YOU STRICTLY AT YOUR SOLE RISK. THE PMC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT (1) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THIS WEBSIE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (2) ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (3) OR THAT THIS WEBSITE, THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE. THE PMC HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE.

IN NO EVENT SHALL THE PMC BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.

Some states do not allow certain exclusion of implied warranties, so the above exclusions with respect to implied warranties may not apply to you. Other states do not allow certain limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion of liability may not apply to you.

IN NO EVENT SHALL THE PMC AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH THIS WEBSITE AND ANY AND ALL INFORMATION, CONTENT AND SERVICES AVAILABLE VIA THIS WEBSITE, HOWEVER ARISING, EXCEED A MAXIMUM OF $10.00.

References and Links to Third Party Site

This Website may refer to, or provide hyperlinks to the webpage of, other individuals, companies, entities, organizations, products or services. These references and links (collectively, "Links") are supplied to you merely as a convenience and the inclusion of any Link does not and shall not imply any approval, endorsement or recommendation by the PMC of such individuals, companies, entities or organizations, products or services.

Links to this Website are permitted only in accordance with, and are subject to, our Linking Policy. Without limiting the foregoing, links to this Website may nonetheless be provided from other sites either known or unknown to the PMC, and some links to this Website may be unauthorized. Please note that accessing any other website linked to or from this Website is done at your own risk. The PMC has not reviewed and is not responsible for the content of any third party sites linked to or from this Website and does not make any representations regarding the content or accuracy of materials on such third party sites. The PMC is not responsible for the information, materials, or content contained at any website linked to or from this Website.

License

With respect to any pictures, information, writings, or other content provided by you in connection with the services provided on this Website or otherwise uploaded onto any of our Site's servers or provided to the PMC through our Sites ("Your Property"), you hereby grant to the PMC and its affiliates, licensees and assigns, a non-exclusive, perpetual, royalty-free, irrevocable, fully paid-up right and license to use Your Property (including any copyright and moral rights therein) throughout the world for any purpose in connection with the mission of the PMC, as set forth above. These purposes include, without limitation, the right and license to (a) record, film, tape, video-tape, photograph, broadcast (whether by the Internet, wire, satellite, laser, cable, or any other means whatsoever) and otherwise exploit the Your Property; (b) reproduce, print, publish and disseminate, in any medium whatsoever, your name, pictures, voice, likeness, interviews, and identity to the extent included in Your Property (collectively, "Likeness") in connection with our use of Your Property; and (c) identify you as the source of the Likeness.

You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation of Your Property as contemplated above, or the exercise by the PMC of the rights granted to the PMC above.

The rights and licenses granted by you with respect to Your Property shall survive the expiration or termination of these Terms of Use for any reason.

Additional Terms

These Terms of Use constitute the entire understanding between the parties pertaining to the subject matter hereof and supersede all previous communications, proposals, representations and agreements, whether oral or written, relating to the subject matter hereof. If any portion of any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, (i) such unenforceable portion of the provision shall be deemed severed from these Terms of Use, (ii) the validity and enforceability of the remaining portion of the provision and the other provisions of these Terms of Use shall not be affected or impaired, and (iii) these Terms of Use shall be amended in order to effect, to the maximum extent allowable by law, the original intent of such provision. The provisions of these Terms of Use that, by their nature, survive the expiration or earlier termination of these Terms or Use or of this Website, shall continue and remain in full force after the expiration or earlier termination of these Terms of Use or this Website, including without limitation, any provisions regarding indemnification of the PMC, intellectual property ownership, the disclaimer of any warranties by the PMC, or the limitation of the PMC's liability.

Neither the failure of a party to enforce at any time any of the provisions of these Terms and Conditions nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.

Unless expressly set forth otherwise, no right or remedy granted by any provision of these Terms of Use is intended to be exclusive of any other right or remedy provided in these Terms of Use or otherwise, and each and every right and remedy shall be cumulative and shall be in addition to every other right remedy provided in these Terms of Use, at law, in equity, or otherwise, and the election of any one right or remedy shall not constitute a waiver of any right to pursue other rights or remedies under these Terms of Use, at law, in equity, or otherwise.

Governing Law and Jurisdiction

Access to this Website and any and all information, content and services available via this Website is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and any other applicable law.

This Website is controlled by the PMC, which is headquartered in Needham, MA, United States of America. They can be accessed from all 50 states, as well as from other countries around the world. Since each of these places has laws that may differ from those of Massachusetts, by accessing this Website, you agree that the statutes and laws of the State of Massachusetts, without regard to conflicts of laws principals thereof, will apply to all matters arising from or relating to use of this Website, or any information, content or services available via this Website. In the event that any claim, dispute or other controversy arising out of this Website, any information, content or services available via this Website, these Terms of Use, or any other terms or conditions governing this Website cannot be amicably settled through good-faith negotiations, you hereby irrevocably consent to the jurisdiction of the federal and state courts in Massachusetts as the exclusive forum and venue for the resolution of such disputes, and further waive and agree not to assert as a defense or otherwise, that (i) you are not personally subject to the jurisdiction of the above-named courts, (ii) the suit, action or proceeding is brought in an inconvenient forum, or (iii) the venue of the suit, action or proceeding is improper.