Terms of Use

Terms of Use

Please read the terms and conditions on this page (“Terms of Use”). If you agree to abide by these Terms of Use (and to our Privacy Policy), you may proceed to use the clarkstrailrun.com services located at this site. If you don’t wish to abide by these Terms of Use (and to the Privacy Policy and any disclaimers posted elsewhere on the site) then you may not use this site. These Terms of Use may change from time to time so please check them periodically as a condition to your continued use of the site.

Waiver

By registering for The Clarks Trail Run the registered participant, is legally bound, and certifies that they are physically fit and have not been otherwise informed by a physician. The registrant acknowledges that they are aware of all the risks inherent in trail running (training and competition), including possible permanent disability or death, and agree to assume all those risks. AS A CONDITION OF MY PARTICIPATION IN THE CLARKS TRAIL RUN, THE REGISTRANT HEREBY WAIVES ANY AND ALL RIGHTS TO CLAIMS FOR LOSS OR DAMAGES, INCLUDING ALL CLAIMS FOR LOSS OR DAMAGES CAUSED BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF THE FOLLOWING: OLD SAYBROOK PARKS AND RECREATION, COLLEGE PLANNING PARTNERSHIPS, SOUND RUNNER, BIMBLERS SOUND, HOST FACILITIES, EVENT SPONSORS, EVENT COMMITTEES, TOWN OF OLD SAYBROOK, OR ANY INDIVIDUALS OFFICIATING AT THE EVENTS OR SUPERVISING SUCH ACTIVITIES. In addition, the registrant also agrees to abide by and be governed by the rules of the Clarks Trail Run. Finally, the registrant specifically acknowledges that they are aware of all the risks inherent in trail running and agree to assume those risks.

Copyright

All content included on this site, including graphics, text, images, logos, button icons, images, audio and video clips, and software, as well as the compilation of the content, is the property of clarkstrailrun.com and/or its licensors and is protected by U.S. and international copyright laws. Any unauthorized use of these materials may violate copyright, trademark or other laws.

Links and Use of clarkstrailrun.com Materials

To Other Sites: This site at times may contain links to web sites operated by third parties. Clarkstrailrun.com provides these links for your convenience only. We do not control such web sites and are not responsible for their contents. Clarkstrailrun.com’s inclusion of links to such web sites does not imply any endorsement of the materials on such web site or any association with their operators.

To clarkstrailrun.com: We welcome links to www.clarkstrailrun.com. You may not, however, state or imply any sponsorship or endorsement of your site by clarkstrailrun.com, unless you have received our written approval to do so. You may use the clarkstrailrun.com logo in order to create a link to clarkstrailrun.com from your web site. This is a limited license to use the clarkstrailrun.com logo solely for the purpose of creating such link. You may not vary the appearance of the logo, or any trademarks used in connection with the logo, in any way. You will replace or remove a logo that clarkstrailrun.com determines is not an appropriate display or use of clarkstrailrun.com’s marks. You may not use on your site any clarkstrailfun.com trademarks, service marks or copyrighted materials or frame or otherwise incorporate any portion of the clarkstrailrun.com site into another website.

Other clarkstrailrun.com Materials: In addition to the limited license to use the clarkstrailrun.com logo, you can download our graphics and text for personal use, but you’re not allowed to use them for commercial purposes or public display. You are not permitted to download any other clarkstrailrun.com material, including code or software, for any purposes whatsoever. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute the clarkstrailrun.com materials in any way.

Before you use any of the clarkstrailfun.com materials for commercial purposes, you must receive clarkstrailrun.com’s express written consent. In order to obtain that consent, please send an e-mail to zac.rosensohn@gmail.com with the following information:

  1. your name, position, organization, address and telephone number;
  2. the clarkstrailrun.com content, text or graphics you want to use;
  3. where, how and when you will be using the materials;
  4. to whom the materials will be distributed, in what amount and for what purpose; and
  5. other information that will be included with the clarkstrailrun.com material.

We will send you an e-mail, letting you know whether or not we grant permission for your use of the material. This decision will be made at clarkstrailruns.com’s sole discretion.

If you do use clarkstrailrun.com materials, you may not remove any copyright or proprietary notices from the materials and you must comply with any proprietary notice guidelines on this site. clarkstrailrun.com reserves the right to rescind any authorization for use of its materials; this may be done via mail, email, phone, fax, or other means.

DISCLAIMER

CLARKSTRAILRUN.COM (A DIVISION OF COLLEGE PLANNING PARTNERSHIPS LLC) COLLECTS ALL FUNDS AS AND AGENT OF OLD SAYBROOK PARKS AND RECREATION. ALL FUNDS ARE DISTRIBUTED TO OLD SAYBROOK PARKS AND RECREATION.THIS SITE IS PROVIDED BY CLARKSTRAILRUN.COM ON AN “AS IS” BASIS. CLARKSTRAILRUN.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE, INCLUDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE, OR SITES HYPERLINKED TO THE SITE, OR A USER’S RELIANCE ON OR USE OF ANY INFORMATION OR TOOLS PROVIDED ON OR THROUGH THE SITE, OR ANY FAILURE OF PERFORMANCE CAUSED BY OR ARISING OUT OF USE OF OR ACCESS TO ANY CONTENT OR INFORMATION CONTAINED IN THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLARKSTRAILRUN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE TITLE AND NON-INFRINGEMENT. YOU AGREE THAT CLARKSTRAILRUN.COM AND ANY OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THIS SITE’S CONTENT, MATERIALS OR PRODUCTS HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE INFORMATION, SERVICES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH THIS SITE OR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. IN NO EVENT SHALL CLARKSTRAILRUN.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $50.

Applicable Law and Jurisdiction

This site is created and controlled by clarkstrailrun.com in the State of Connecticut, USA. Clarkstrailrun.com makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from another location, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent they are applicable. By accessing this site, you and clarkstrailrun.com both agree the laws of the State of Connecticut will govern all matters relating to this site, without giving effect to any principles of conflicts of laws.

You also consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Connecticut in all disputes arising out of or relating to the use of this site. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified, except in writing.