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