FirstEnergyAll-American Soap Box Derby Countdown

Terms and Conditions of Use

By using our Site, you are agreeing to the following terms and conditions of use. Please review the following terms and conditions carefully.

1.  Acceptance of Agreement. By using this Site, or accessing any information on this Site, you agree to these terms and conditions of use.  These terms and conditions constitute the entire and only agreement between International Soap Box Derby and you regarding your use of this Site.  Any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of this Site or its content, and the subject matter of this agreement, are specifically disclaimed.  These terms and conditions may be amended at any time by us without notice to you. The latest terms and conditions will be posted on the Site.  You should review this agreement prior to using the Site.

2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and all other matters related to the Site, including without limitation, the “look and feel” of this Site, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of International Soap Box Derby.  You may not use, copy, distribute, display, publish, transmit or create derivative works of any content or material on this Site except as expressly allowed by Paragraph 4 of this Agreement. 

3. Trademarks. All trademarks and tradenames used on this site, including, FirstEnergy All-American Soap Box Derby and Soap Box Derby, are trademarks or registered trademarks of International Soap Box Derby or other third parties.  The copying, redistribution, use or publication by you of any such marks, except as expressly allowed by Paragraph 4, is strictly prohibited.

4.  Limited Right to Use.

                  a.   You may view, print or download any content, graphic, form or document from the Site so long as such activity is for your own personal and non-commercial use.  You may not modify, copy, transmit, display, perform, reproduce, license, publish, distribute, assign, sublicense, sell, create a derivative work from or make other use of the content of this Site.  No part of any content, form or document accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use.  In no case may you resell, redistribute, or put to any commercial use, any content or information on this Site.

                  b.   Your activities on the Site shall not: (a) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (b) contain or subject this Site to any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (c) create liability or cause International Soap Box Derby to lose (in whole or in part) the services of its ISPs or other suppliers; (d) modify or alter any part of this Site, including, without limitation by (i) providing a link directly or indirectly to any other site from this Site or (ii) modifying or altering any material on this Site. 

      c.  You may not use the Site in any manner that could damage, disable, overburden, or impair this Site or any network associated with this Site or interfere with any other parties use or enjoyment of this Site.  You may attempt to gain unauthorized access of this Site, any computer system or network connected to or affiliated with this Site through hacking, password mining or any other means.  You may not attempt to obtain any materials or information through any means not intentionally made available at this site.

      d.   Use of Specific Services.  This Site may contain e-mail services, bulletin board services, chat areas, newsgroups, and/or other message or communication facilities made available to you to communicate with others hereinafter “Communication Services.”  You agree to use the Communication Services only to post, send and receive messages and material that is proper and does not violate any other term and condition of this Agreement.  By way example only, you agree that when using a Communication Service you will not use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same; use any material or information, including images or in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; use of meta tag searches on the web sites; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses.

                  e.  Termination and/or Access Restriction.  The International Soap Box Derby reserves the right, in its sole discretion and judgment, and without liability of any kind to you, to terminate your access to the Site for any reason, at any time, without notice.  

5.  Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

6. Indemnification. You agree to indemnify, defend and hold International Soap Box Derby, its officers, directors and employees harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this agreement or use of the Site.

7.  No Warranty and Disclaimer of Liability. 

a.  THE INFORMATION PROVIDED FROM OR THROUGH THIS SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).  THE INFORMATION PROVIDED AT THIS SITE MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS.  INTERNATIONAL SOAP BOX DERBY SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION PROVIDED AT THIS SITE.  IN NO CASE SHALL THE PROVISION OF ANY INFORMATION TO YOU BY THIS SITE CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

b.   INTERNATIONAL SOAP BOX DERBY NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS DISPLAYED ON THE SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH INTERNATIONAL SOAP BOX DERBY.

c.   INTERNATIONAL SOAP BOX DERBY WILL NOT BE LIABLE TO YOU FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE OUR SITE.  FURTHER, AND WITHOUT LIMITATION, INTERNATIONAL SOAP BOX DERBY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

d.   YOU ACKNOWLEDGE THAT THIS SITE AND THE INFORMATION PROVIDED AT THIS SITE WOULD NOT BE PROVIDED WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS. 

8.  Limitations on Information. In compiling this web site, International Soap Box Derby has made a determined effort to present its contents accurately.  However, reliance on the contents of this Site for any purpose by you is at your sole risk.  All standards, specifications, technical discussions, and reports included on this web site are advisory only.  International Soap Box Derby is not responsible, for any errors of any kind (typographical or otherwise). 

9.  Use of Information Provided by the User.  We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.  Further, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or like is and will be treated as non-confidential and non-proprietary.  Anything you transmit or post may be used by International Soap Box Derby or its affiliates for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting.  Furthermore, International Soap Box Derby is free to use any ideas, concepts, know-how, or techniques, contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.

10.  Privacy Policy.  Our Privacy Policy, as it may change from time to time, is a part of these terms and conditions of use.  International Soap Box Derby will not be liable to you for any damages, including without limitation, indirect, special, incidental, or consequential damages, that may result from any violation of the Privacy Policy.

11. Links to Other Web Sites. The Site may contain links to other web sites.  Those sites are not operated or controlled by the International Soap Box Derby.  The International Soap Box Derby is not responsible for the content, accuracy or opinions expressed in such web sites, and International Soap Box Derby has not investigated, monitored or checked for accuracy or completeness of any of these sites. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

12.  Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

(a)        An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b)       Description of the copyrighted work that you claim has been infringed;

(c)        A description of where the material that you claim is infringing is located on the Site;

(d)       Your address, telephone number, and email address;

(e)        A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f)        A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site is Roger D. Emerson, who can be reached as follows:

By mail:

Roger D. Emerson  
Emerson Thomson Bennett, LLC

1914 Akron Peninsula Rd.
Akron, OH 44313

By phone: (330) 434-9999

By email: roger.emerson@etblaw.com

13. Information and Press Releases. The Site contains information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

14. Miscellaneous. 

a.   This Agreement shall be treated as though it were executed and performed in Summit County, Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred and all actions shall be subject to the limitations set forth in these terms and conditions of use.

b.   The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.

c.   All legal proceedings arising out of or in connection with this Agreement shall be brought solely in state or federal courts located in Summit County, Ohio. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process.

d.   Should any part of this Agreement be held invalid or unenforceable, the remaining portions of this agreement shall remain in full force and effect.

e.   To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall control.

f.    Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

We hope that you enjoy your visit and find our web site informative.  Thank you.

© 2015 International Soap Box Derby.  All rights reserved.