Premier Timed Events Terms of Use

Acceptance of Terms

This is a legal agreement (“Agreement”) between you, the user, together with any organization, company or other business entity you are representing, if any (collectively, the “Member”) and Premier Timed Events, LLC., (together with its, affiliates, partners, subsidiaries and employees, “Premier Timed Events” or “breakawayroping.premiertimedevents.com”). BY CHECKING  OR CLICKING THE BOX ON THE MEMBERSHIP SIGN UP PAGE, OR BY OTHERWISE REGISTERING WITH THE SITE, MEMBER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If Member does not agree to the terms of this Agreement, do not check the box and do not use or access http://breakawayroping.premiertimedevents.com (“breakawayroping.premiertimedevents.com” or “Site”), as well as Premier Timed Events’ social media websites, mobile websites, applications and other content (collectively, the “Service”).

The Service is offered to Member conditioned upon Member’s acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for Premier Timed Events to update or revise certain provisions of the Agreement. By joining breakawayroping.premiertimedevents.com and/or using the Service and accepting this Agreement, Member agrees that Premier Timed Events may change the terms of the Agreement in its sole discretion without notice to Member. If Member does not agree to the changes proposed by Premier Timed Events, or to any terms in this Agreement, Member’s sole and exclusive remedy is to cancel Member’s breakawayroping.premiertimedevents.com account (“Member’s Account”). Notwithstanding the foregoing, Premier Timed Events reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.

General Use of the Service 

Member shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement.  Member’s use of the Services shall be subject to this Agreement and the terms and policies referenced herein, Premier Timed Events’ Privacy Policy, and the terms of service, privacy policies and other applications terms and conditions for each social media website, website and other platforms then in effect.

Premier Timed Events will conduct promotions or contests at its sole discretion and in its sole control.  Member will be required to read and agree to the rules of each contest before Member can enter each promotion or contest. Member agrees to review those rules carefully before consenting to them. Member will be required to agree to these rules and terms and conditions before Member can enter each promotion or contest. By participating in any manner in any such promotion or contest, Member agrees to comply with the terms and/or rules of any such promotion or contest, this Agreement, Premier Timed Events’ Privacy Policy and any other applicable terms.

Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use in creating a website (“Member Website”) in accordance with this Agreement. This means, among other activities, that Member agrees not to engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information.

Member agrees that Member will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of breakawayroping.premiertimedevents.com, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Service. If Member attempts to access prohibited areas of the Service, Member may be subject to termination and/or prosecution.

Member Registration/Privacy Policy 

In order for Member to participate in the Service, Premier Timed Events will require Member to provide specific information about Member and/or Member’s organization or business (if applicable) and create a “Member Account”.   If Member chooses to participate and build a Member Website, Member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Member’s affiliation with any person or entity.

Member shall be responsible for maintaining the confidentiality of Member’s Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify Premier Timed Events for such actions.

Any information supplied by Member upon registering for the Service and any other information about Member and/or Member’s business (if applicable) (collectively, “Member Data”) is subject to Premier Timed Events’ Privacy Policy. For more information, Member may review the Premier Timed Events Privacy Policy which is hereby incorporated into this Agreement and which may be accessed by clicking on this link.

Payment 

 Currently there are no monthly fees for the Member; however, if that policy changes the following paragraph will become operable.  By providing a credit card or other “Payment Method” accepted by Premier Timed Events for your subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method.

If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the Premier Timed Events Site and clicking on Account Setting under your username. When you provide a Payment Method to access a subscription, including in connection with a free trial offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly renewal date thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the Premier Timed Events Site and click on Account Setting under your name.

We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription (each such month, a “Monthly Period”). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each Monthly Period may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.

If Premier Timed Events changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.

Very rarely, if there are special circumstances where Premier Timed Events determines it is appropriate (e.g., your subscription Service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Premier Timed Events sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

Ongoing Subscription and Cancellation. Your subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your monthly or yearly renewal date in order to avoid the next billing (each Monthly Period). We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period. This means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.

You can cancel your account at any time through your account settings. These account settings can be accessed by scrolling over your account name at the top right of the home page. On that drop down menu, you will see “Account”. You will be able to access the “Subscription” tab and from there you will have the ability to cancel or modify your account.

Member Account Limitations 

Member hereby acknowledges that Premier Timed Events may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) maximum limits on storage space, (b) the maximum number of websites per Member Account, and (c) maximum limits on the number of pages within each Member Website. Any of the foregoing limits will be consistent with the Service for which Member registered.

Member agrees that Premier Timed Events has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Member further acknowledges and agrees that Premier Timed Events reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Without limiting the foregoing, neither Premier Timed Events nor its suppliers is responsible for any of Member’s data residing on the Service or Premier Timed Events’ suppliers’ hardware. Member is responsible for backing-up Member’s data and information that may reside on the Service or Premier Timed Events’ suppliers’ hardware, whether or not such information is produced through the use of the Service. It is Member’s responsibility to take the necessary steps to ensure that Member’s primary means of business is maintained (if applicable).

Content Submitted to breakawayroping.premiertimedevents.com

The breakawayroping.premiertimedevents.com web Site includes a number of venues such as Member Website and web pages, Discussion Boards and/or other message or communication facilities designed to enable Members to disseminate and exchange thoughts and opinions to and with other users or the public. Although Premier Timed Events firmly believes in the value of free and open dissemination and exchanges, it is under no obligation, but does reserve the right, to monitor, pre-screen, or otherwise censor Member’s thoughts and opinions. Therefore, Premier Timed Events cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Member acknowledges that Member should always use caution when posting any personally identifying information about Member or Member’s team members or employees on the breakawayroping.premiertimedevents.com web Site, the Member Website, or any other user websites.

Member Conduct

Member’s right to use the Service is personal to Member and Member’s organization, company and its employees (if applicable). Member, and not Premier Timed Events, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Member Content”) posted via the Service. Member, and not Premier Timed Events, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of Member’s use of the Service. Member shall not use the Service for any illegal purpose in violation of any local, state, federal or international law.

Member must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, “Information and Actions”) in connection with Member’s use of the Service. If the Service does not provide adequate facility or features for Member to provide such Information and Actions, then Member shall not use the Service.

Premier Timed Events does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Premier Timed Events reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time.

Premier Timed Events also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Member Content in Premier Timed Events’ sole discretion.

With respect to the content on the Site, Member agrees NOT TO:

1. a) post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent Member’s affiliation with a person or entity to others, including, but not limited to, consumers;

1. b) post, upload or otherwise transmit any content that is inappropriate, harmful to minors, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

1. c) post, upload or otherwise transmit any content that Member does not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);

1. d) post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;

1. e) post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of breakawayroping.premiertimedevents.com, its vendors or suppliers or other entities’ systems (“hacking”), whether or not the intrusion results in corruption or loss of data;

1. f) post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on breakawayroping.premiertimedevents.com’s infrastructure that exceed the limits provided by the Service for which Member registered;

1. g) post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

1. h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

1. i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

1. j) forge any headers, time or date stamp or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Service;

1. k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

1. l) sell, distribute, disseminate or link to any websites for marketing, sales, distribution of: firearms, explosives, ammunition, liquor, tobacco products and any other products or services that (i) Member cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the Member Website could cause Premier Timed Events to violate any law, statute or regulation;

1. m) post or disclose any personal or private information or images about children or any third party without their consent (or a parent’s consent in the case of a minor). Premier Timed Events may terminate Member’s Account if Premier Timed Events in its sole discretion determines that such content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement;

1. n) authorize any party to, directly or indirectly, generate automated or fraudulent actions via the Site (“click-fraud”), including without limitation by using a person or automated script or computer program to generate automated or fraudulent clicks in response to any request for users of the Site to vote on content or respond to content as invited bycom or otherwise. Click-fraud and any other fraudulent actions (human or automated) that impact ratings, voting results or impressions calculated via the Site are strictly prohibited at all times; or

1. o) otherwise act inappropriately as determined in the sole discretion of Premier Timed Events.

 

Discussion Boards

As part of the Service, breakawayroping.premiertimedevents.com provides its Members with a venue and an opportunity to participate in discussion boards (“Discussion Boards”). Member shall abide by all terms and conditions of breakawayroping.premiertimedevents.com’s Discussion Board Policy, which is hereby incorporated fully by reference herein, in utilizing the Discussion Boards.  Member is solely responsible for his/her interactions with other users of the Service. Premier Timed Events reserves the right, but has no obligation, to monitor disputes between Member and other users.

Third Party Content

For Member’s convenience, the Service, which includes the breakawayroping.premiertimedevents.com web Site, contains products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their websites (“Third Party Content”). Such Third Party Content is not under the control of Premier Timed Events and Premier Timed Events is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Premier Timed Events is under no obligation, but does reserve the right to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the content provided by others.

Premier Timed Events is providing such Third Party Content to Member only as a convenience, and the inclusion of such content does not imply endorsement by Premier Timed Events of such content or the affiliate or advertiser. Member may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or websites. Premier Timed Events does reserve the right to remove content that, in Premier Timed Events’ judgment, does not meet its standards, but Premier Timed Events is not responsible for any failure or delay in removing such material.

Premier Timed Events is not and will not be responsible for (i) the terms and conditions of any transaction between Member and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that Member has a dispute with any such third party, Member releases Premier Timed Events (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

DISCLAIMER OF WARRANTIES

MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT:

(A) MEMBER’S USE OF THE SERVICE IS AT MEMBER’S SOLE RISK. PREMIER TIMED EVENTS AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, THE PREMIERTIMEDEVENTS.COM WEB SITE AND THE MEMBER WEB SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

 (B) PREMIER TIMED EVENTS AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET MEMBER’S EXPECTATIONS. 

 (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE PREMIERTIMEDEVENTS.COM WEB SITE OR MEMBER WEB SITES IS DONE AT MEMBER’S OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 LIMITATION OF LIABILITY

IN NO EVENT SHALL PREMIER TIMED EVENTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF PREMIER TIMED EVENTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO MEMBER. IN NO EVENT SHALL PREMIER TIMED EVENTS’ AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER ACTUALLY PAYS TO PREMIER TIMED EVENTS UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS.

Proprietary Rights to Member Content

Premier Timed Events does not claim ownership of the Member Content that Member provides to breakawayroping.premiertimedevents.com and/or places on the Member Website or Service. However, Member grants Premier Timed Events a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Member Content on and through the Service and in Premier Timed Events’ promotional or advertising materials (only for the limited purpose of promoting the Service), and (ii) sublicense to third parties such Member Content to the extent necessary for the creation and maintenance of, in part or in whole, such websites. No compensation will be paid or due Member with respect to Premier Timed Events’ or its sub-licensee’s use of the materials as licensed above.

By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Member Website, Member warrants and represents that Member owns or otherwise controls the rights necessary to do so and to grant Premier Timed Events the license set forth above and, Member will defend and indemnify Premier Timed Events and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.

Member may not use, copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit videos and or services for any other purposes without the prior written consent of Premier Timed Events.  Member agrees not to submit videos from sanctioned events, such as, by way of example only, and not limited to but including:  Pro Rodeo Cowboy Association; United States Team Roping Championship; World Series Team Roping, Professional Bull Riding or from any other event that may violate or otherwise infringe on any third party’s copyright or intellectual property rights.

breakawayroping.premiertimedevents.com Proprietary Rights/Software Licenses

Member acknowledges and hereby agrees that the Service and any software used in connection with the Service (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that content contained in sponsor advertisements or information presented to Member through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.

Member acknowledges that as a component of the Service and Software is a proprietary handicap system developed and exclusively owned by Premier Timed Events and further agrees that Member will use the handicap system only in conjunction the Service and agrees not to use said system otherwise without the express written consent of Premier Timed Events.  Premier Timed Events reserves the right to change or modify its proprietary handicap system at its sole and absolute discretion with or without notice to Member.  A link to the handicap system is here.

Premier Timed Events provides Member with a non-exclusive, non-transferable, limited license to use the Software, which Member agrees to use in accordance with this Agreement. Member may not sub-license or charge others to use or access the Software without first obtaining written permission from Premier Timed Events. The Software is owned by Premier Timed Events and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties.

The Software, its structure, sequence and organization, source code and handicapping system are considered trade secrets of Premier Timed Events and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

Indemnification

 Member understands that when viewing or otherwise using any technique videos Member will be exposed to techniques from a wide variety of sources and that Premier Timed Events is not responsible for the accuracy, usefulness, or safety of such techniques.  Member further understands and acknowledges that Member may be exposed to user submitted techniques that are inaccurate or objectionable, and Member agrees to waive, and hereby does waive, any legal or equitable rights or remedies Member has or may have against Premier Timed Events with respect thereto, and agrees to indemnify and hold Premier Timed Events and its owners, affiliates, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to Member’s use of the Site.

Member agrees to indemnify and hold Premier Timed Events and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the “Indemnified Parties”) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys’ fees), incurred by an Indemnified Party arising out of or related to (i) Member’s breach of this Agreement; (ii) any information (including but not limited to Member Data and Member’s publicly posted information) submitted, posted, or otherwise provided by Member at the Member Website and/or to breakawayroping.premiertimedevents.com and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Member’s actions; and (iv) Member’s negligence or violation or alleged violations of any rights of another.

These obligations will survive any termination of Member’s relationship with Premier Timed Events or Member’s use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Premier Timed Events and/or its suppliers, affiliates, partners, subsidiaries and employees.

Copyright and Trademark Notices

All materials of the Service and the Software (as well as the organization and layout of the breakawayroping.premiertimedevents.com Site) are owned and copyrighted or licensed by Premier Timed Events, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the breakawayroping.premiertimedevents.com Site and/or the Software, is permitted without the express written permission of Premier Timed Events.

Any rights not expressly granted herein are reserved. breakawayroping.premiertimedevents.com, the breakawayroping.premiertimedevents.com logo, are trademarks of Premier Timed Events (the “breakawayroping.premiertimedevents.com Marks”). Member agrees not to display or use the breakawayroping.premiertimedevents.com Marks in any manner whatsoever without Premier Timed Events’ prior written permission.

COPYRIGHT COMPLAINTS

Premier Timed Events respects the intellectual property of others and Member agrees completely. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers and account holders who are repeat infringers.

Notifying Premier Timed Events of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Premier Timed Events DMCA Notification Dept.” at copyright@breakawayroping.premiertimedevents.com  that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

Providing Premier Timed Events with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide Premier Timed Events with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at copyright@breakawayroping.premiertimedevents.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney

Modification of the Service

Premier Timed Events reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice. Member agrees that Premier Timed Events shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Service. Member further agrees that Premier Timed Events shall have the right to remove any element from the Member Website or the Service, with or without notice to Member, at any time at Premier Timed Events’ sole discretion, if Premier Timed Events discontinues offering the element for any reason. If Member does not agree to any such modifications, Member’s sole and exclusive remedy is to cancel Member’s Account.

Termination/Cancellation of Member Account

Either Member or Premier Timed Events may terminate or cancel Member’s Account at any time. Member understands and agrees that the cancellation of Member’s Account is Member’s sole right and remedy with respect to any dispute with Premier Timed Events.

This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Premier Timed Events’ enforcement or application of any such term; (2) any policy, practice, rule or condition of Premier Timed Events, including Premier Timed Events’ Competition Rules, Privacy Policy and Copyright Policy, or Premier Timed Events’ enforcement or application of these rules and policies; (3) the content available through the Service or any change in content provided through the Service; (4) Member’s ability to access or use the Service or Member’s Web Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, if any.

All other provisions of this Agreement, which may reasonably be construed as surviving such termination, will survive the termination of this Agreement.

Member further agrees that Premier Timed Events, in its sole discretion, may terminate Member’s Web Site, Member’s Account or Member’s use of the Service for any reason, including, without limitation, (i) if Member breaches this Agreement, (ii) if Premier Timed Events is unable to verify or authenticate any information that Member provides to Premier Timed Events, (iii) if Premier Timed Events believes that Member has violated or acted inconsistently with the spirit of this Agreement, or (iv) for lack of use if Member has registered for a free Service. Premier Timed Events may also terminate Member’s Web Site and/or Member’s Account if Premier Timed Events determines, in Premier Timed Events’ sole discretion, to discontinue offering the Service. If Premier Timed Events terminates Member’s Account pursuant to (i), (ii) or (iii) above, Member will forfeit all credits, pre-paid fees, and any other amounts accruing to Member, if any, and breakawayroping.premiertimedevents.com shall not be required to refund, redeem, or pay amounts to Member upon such termination.

Upon termination of Member’s Account for any reason, Member shall remain liable for and Premier Timed Events reserves the right to (a) delete any Member Content, listings, messages or other information in connection with Member’s account; (b) prohibit Member’s access to Member’s Account, including without limitation by deactivating Member’s password; and (c) refuse Member future access to the Service. In no event shall Premier Timed Events be required to refund, redeem, or pay amounts to Member upon termination of Service.

Notice

Statements, notices and other communications to Member may be made by mail, email, postings within Member’s account or other reasonable means. Premier Timed Events may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the breakawayroping.premiertimedevents.com Web Site. Member should refer to the CONTACT PAGE of the breakawayroping.premiertimedevents.com Web Site for information on how to contact and/or provide notice to Premier Timed Events.

 General

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.  Premier Timed Events’ failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

Member shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Premier Timed Events, and any such attempted assignment shall be void. Premier Timed Events shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Member.

Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between Premier Timed Events and Member with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect.

Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

Any and all disputes, claims or causes of action arising out of, under, or in connection with this Agreement (including without limitation, its validity, interpretation, performance, or breach) will be adjudicated exclusively in the state or federal courts situated in (or having jurisdiction over) Harris County, Texas.  You expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action.  You expressly waive any claim of forum non conveniens.

You expressly agree that any and all such disputes, claims or causes of action shall be resolved individually, without resort to any form of class action. You agree to reimburse Premier Timed Events for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against (or by) you.  This Agreement, and its validity and effect, will be interpreted under and governed by the substantive laws of Texas, without giving effect to any principles of conflicts of law of any jurisdiction.

The services hereunder are offered by Premier Timed Events, LLC., located at 3515-B Longmire Dr. PO Box 206,College Station, TX 77845.

Violations

If you happen to observe any violations of this Agreement regarding breakawayroping.premiertimedevents.com Site, Promotions, Contests, Member Pages or Message Board conduct, please report such violations to violations@premiertimed events.com

Independent Review

MEMBER ACKNOWLEDGES THAT MEMBER HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS OR WEB SITES REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT MEMBER AGREES TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

These Terms of Use were last updated on August 11, 2016.  I have read, and will abide by the above Terms of Use.