Terms and Conditions

By using this web site, you are indicating that you have the legal authority to accept the terms and conditions of this Terms of Use statement ("Terms of Use") and you have agreed to be bound by them. The Terms of Use may change from time to time, but any modifications will appear on this web page. It is your responsibility to check the Terms of Use for any changes when you visit the web site. If you do not agree to the Terms of Use, please do not use this web site.


COPYRIGHT, TRADEMARKS, and LIMITATONS ON USE


This web site is owned and operated by Ultra Fun Run Inc. (referred to as "Ultra Fun Run", "we", "us" and "our" herein).

All content and intellectual property available through this web site and appearing on this web site is the property of Ultra Fun Run or its licensors and is protected by copyright and other intellectual property laws. This web site is protected by copyright as a collective work and or compilation under United States copyright law.

Any content downloaded from this web site may be used for your personal, noncommercial use only, provided you keep intact all copyright and proprietary notices of Ultra Fun Run and its licensors. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate content received from this web site over any network, including a local area network. You may not post any content from this web site to newsgroups, mail lists or electronic bulletin boards without the prior written consent of Ultra Fun Run and/or its licensors.

The Ultra Fun Run logo is a registered trademark of Ultra Fun Run in the United States. Ultra Fun Run trademarks may not be used in connection with any product or service which is not Ultra Fun Run, in any manner likely to cause confusion among customers or in any way that disparages or discredits Ultra Fun Run. Other trademarks that appear on this web site are the property of their respective owners.


INTERACTIVE FEATURES and PUBLIC FORUMS


This website may provide interactive features such as chat rooms and bulletin boards. You are solely responsible for the content of your posting. Although Ultra Fun Run will not edit or screen information posted by users in these forums, it does reserve the right to remove any postings it deems inappropriate, in its sole discretion. Ultra Fun Run may also terminate user's privileges to post information, at any time, without notice.

If you decide to post information, you agree that you will NOT: (i) use forums for the purpose of violating any federal or local laws of any country; (ii) post material that is protected by copyright unless you are the copyright holder or you have received permission to post the information by the copyright holder; (iii) post information you know to be false, libelous, harassing, profane, abusive, threatening, or obscene: (iv) post information intended to invade another’s privacy. You also agree not to use the web site to send unsolicited commercial e-mail, chain letters or any other form of mass e-mail other than as related to school / organization fundraisers. Ultra Fun Run does not guarantee or warrant that anything posted by its users is truthful or accurate. Ultra Fun Run does not endorse any of the opinions posted by its users. Reliance on any information posted on this web site is at the user’s own risk.

Users who post material on the web site grant Ultra Fun Run a perpetual, royalty-free, irrevocable and nonexclusive license to use, reproduce, modify, publish translate, distribute, perform and display such postings and submissions. Ultra Fun Run may also create derivative works from, and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed throughout the world.


DISCLAIMER


THIS SITE IS PROVIDED BY ULTRA FUN RUN ON AN "AS IS" BASIS ULTRA FUN RUN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDING ANY INVESTMENT ADVICE, INCLUDED ON THIS WEB SITE OR IN ANY E-MAIL TRANSMITTED BY ULTRA FUN RUN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ULTRA FUN RUN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ULTRA FUN RUN MAKES NO WARRANTY AS TO THE ACCURACY OF THE INFORMATION PRESENTED ON THIS WEB SITE OR IN ITS E-MAIL, WHICH CONTAIN INFORMATION FROM ULTRA FUN RUN, ITS AFFILIATES, LICENSORS AND OTHER SOURCES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND SUCH EXCLUSIONS MAY THEREFORE NOT APPLY TO YOU. NO ORAL ADVICE OR WRITTEN INFORMATION, INCLUDING ANY INVESTMENT ADVICE RECEIVED FROM A THIRD PARTY TRANSMITTED BY ULTRA FUN RUN, OR ITS AFFILIATES OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY NOR SHALL A USER RELY ON SUCH ADVICE OR INFORMATION.

ULTRA FUN RUN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR RELIANCE ON ANY INFORMATION CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES , REGARDLESS OF WHETHER ULTRA FUN RUN HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ULTRA FUN RUN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE. ULTRA FUN RUN MAKES NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ULTRA FUN RUN WILL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THIS SITE. DOWNLOADING OR OTHERWISE OBTAINING ANY MATERIAL AND /OR DATA FROM THIS SITE IS AT YOUR OWN DISCRETION AND RISK, AND ULTRA FUN RUN WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

LIMITATION OF LIABILITY

Under no circumstances shall Ultra Fun Run be liable for special or consequential damages that result from the use of, or the inability to use the web site, its content or its links. The sole and maximum liability of Ultra Fun Run and its affiliates, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with this web site or the contents of this web site or the contents of any e-mails to customers shall not exceed the amount paid by you to access the web site.

THIRD PARTY SITES

Mention of and links to third-party companies and products are for informational purposes only and are not intended to suggest any affiliation unless expressly stated. You may be able to access other internet sites not created by Ultra Fun Run or its affiliates through this web site. The reliability, availability, legality, and performance of those web sites is beyond Ultra Fun Run control, and Ultra Fun Run makes no representations or warranties with respect to such web sites.

GOVERNING LAW AND JURISDICTION

Your use of this web site, and any related legal action, shall be governed by the laws of the State of California, without regard to conflict of laws principles. The sole jurisdiction and venue for any litigation arising out of your use of or orders placed on the Ultra Fun Run web site shall be an appropriate federal or state court located in the State of California.

INDEMNIFICATION

You agree to indemnify and hold harmless each of Ultra Fun Run, its affiliates, officers, directors and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this web site, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

ERRORS AND OMMSSIONS

In the event a product or service is listed at an incorrect price due to a typographical error or any error in pricing information received from third parties, Ultra Fun Run has the right to refuse or cancel any orders placed for products listed at the incorrect price. In the event your credit card has been charged for the purchase and your order is canceled, Ultra Fun Run will issue a credit to your credit card account in the amount of the incorrect price.

ENTIRE AGREEMENT

These Terms of Use constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Ultra Fun Run, be deleted or modified to correct the defect, and the remainder of the terms of these Terms of Use will remain valid and enforceable.

What kids say about Ultra Fun Run
"The sensor that counted my laps worked like magic. It was so cool!"

"My school made so much extra money we could buy a rocket ship and send the science teacher to the moon."

"The carnival was so much fun. I laughed so hard my cheeks hurt!"