Introduction: Welcome to Raceyourduck.com (the "Website"). This Website is owned and operated by Raceyourduck.com, LLC. If you have any questions relating to this Website, please contact Joe@raceyourduck.com by email. Or you can write to Raceyourduck.com, P.O. Box 1663, Smithtown, New York 11787. Presently through this Website, you may play our game, "Quackers." Our future tropical island virtual world is in the development stages.

 

PLEASE READ THESE TERMS OF USE CAREFULLY, AND IF YOU ARE A MINOR, (under the age of 18), MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. BY CLICKING THE "I ACCEPT" BUTTON BELOW YOU SIGNIFY YOUR AGREEMENT to be bound by the terms and provisions Of This TERMS OF USE AGREEMENT ("TERMS OF USE"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THIS WEBSITE. PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.

 

This Terms of Use Agreement ("Terms of Use" or "Agreement") is a contract between you and Raceyourduck.com, LLC and applies to all users of this Website. Unless otherwise stated, "Raceyourduck.com", "we", "our", "us" refers to Raceyourduck.com, LLC. In these Terms of Use "you" or "your" means any person or entity using this Website, provided that if such person is under 18 years of age, it also includes such person's parent or legal guardian.

 

Description of Services: Quackers is a racing game where ducks race on a river. There are 3 game modes: race against the computer, race against an opponent, or race for time. You will accrue points that later can be used when our tropical island virtual world is online. Players can invite their friends to play the game against them or the computer. This can be done by visiting the website Raceyourduck.com and signing up to send Quackers to a friend. We hope you will enjoy our Quackers game and "play, have fun, learn, and join." Since this is a multiplayer game and our goal is for everyone to have an enjoyable online racing game experience there are rules governing behavior while on this website.

 

Registration and Your Account

The "Quackers" game must be downloaded in order to be played. The link is provided to download the "Quackers" game from Raceyourduck.com. When you download the game you must register at this Website. You will be asked to make up a username and password (collectively, your "Account.") When choosing your username, DO NOT use personal information (for example, your last name or first name) that can identify who you are. After you provide us with your username, and password. We will also collect information about you that will help us identify you in case you forget your password in the future. When you answer these questions, we collect your first name only, your country of residence, your state of residence, (if you live in the United States), your birth date and your gender. You also understand and agree that Raceyourduck.com services may include certain communications from Raceyourduck.com such as service announcements, administrative messages and any future website Newsletter, and that these communications are considered part of your Website membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Website services, including the release of any future games shall be subject to the Terms Of Use. You understand and agree that this website is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to our services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Raceyourduck.com Services.

 

Security of Your Account: IT IS IMPORTANT THAT YOU KEEP YOUR USERNAME, AND PASSWORD IN A SAFE PLACE OFFLINE SO YOU CAN REFER TO IT IN CASE YOU FORGET IT WHEN YOU ARE SIGNING IN TO QUACKERS. We will use your username and password to identify you when you return to our Website. If you forget your username or password, you may not be able to play the Quackers game and accrue more points, unless you sign up again under a new username and password. You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: (i) exit from Your Account at the end of each session (ii) immediately notify Joe@Raceyourduck.com of any unauthorized use of Your Account or any other breach of security. Raceyourduck.com, LLC will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time. We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We disclaim responsibility for all negligent acts that may result in disclosure of your personal information.

 

Suspension or Termination of Account: Raceyourduck.com reserves the right to terminate or suspend your Account and/or access to all or part of this website and/or any products or services available through this website in the event (i) it determines after reasonable investigation that you have breached these Terms of Use or that your conduct violates applicable law or is otherwise harmful to the interests of Raceyourduck.com or other third parties or (ii) Raceyourduck.com ceases its operations and/or its provision of any applicable products or services in connection with this website.

 

Communications: This Terms of Use Agreement and all communications and documents relating hereto will be expressed in the English language. You further acknowledge and agree that all Communications and documents between you and Raceyourduck.com with respect to your use of this website may take place electronically and that all such electronic notices, agreements, and other communications from Raceyourduck.com shall be the legal equivalent of written communications.

 

Ownership of Intellectual Property and Restrictions on Use of Raceyourduck.com Materials:

All products, services, content, information displayed, performed or otherwise accessible through the Raceyourduck.com Website, including, without limitation, Software, artwork, designs, graphic material, texts, illustrations, databases, images, photographs, audio clips, animation, video clips, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and (collectively the " Raceyourduck.com Materials") are the property of Raceyourduck.com, LLC, and are protected, without limitation, by United States of America intellectual property, copyright, and trademark laws. Without limiting the generality of any other provisions of these Terms of Use, the use of any Raceyourduck.com Materials on any other website or networked computer environment is prohibited.

 

These Terms of Use grant to you a limited license to download and use this Website, for your personal, non-commercial use, provided that this license is limited to the display of the Raceyourduck.com Materials in their entirety, including but not limited to visual elements such as advertisements that may adjoin content. Any attempts to access the Raceyourduck.com Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may print and retain a copy of pages of this website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this website may be accessed, used, duplicated, copied, reproduced, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Raceyourduck.com Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Raceyourduck.com Materials other than as expressly permitted by us. Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Raceyourduck.com Materials; (iv) create any derivative work of this Website or its contents; (v) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vi) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including form, images, page layout, or text) of Raceyourduck.com or its licensors; or (vii) use any meta tags or any other "hidden text" utilizing the trademarks, logos, trade names or content of Raceyourduck.com or its licensors.

 

If you download, use or access software from this website, the data accompanying the software, and the software, including any images, files, audio clips, and codes, generated by or incorporated in the software (collectively, the "Software") are licensed to you for your personal, non-commercial home use pursuant to a personal, non-assignable, non-transferable, non-exclusive revocable license. Raceyourduck.com, LLC keeps full and complete title to the Software and all intellectual property rights therein. You may not sell, redistribute, lend, reverse engineer, decompile, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to criminal prosecution and civil liability under applicable laws.

 

Raceyourduck.com, LLC has the right to modify, change, vary, or discontinue: (i) any feature or function offered on this website; (ii) to restrict access to parts or all of this Website at any time and from time to time with or without notice to you; and (iii) any part or all of this Website, including hours of availability. Raceyourduck.com, LLC may make available and upgrade this website on the same terms and conditions as these Terms of Use and any such upgrades will form part of this website. In order to obtain and access parts of this website, including upgrades, you may be required, at your own cost, to install specific software on your computer. To make the experience on this Website more enjoyable, you will need, at a minimum, a high speed Internet service.

 

Contributions to Raceyourduck.com: By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Raceyourduck.com through its suggestion, feedback or email you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Raceyourduck.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Raceyourduck.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (d) Raceyourduck.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Raceyourduck.com without any obligation of Raceyourduck.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Raceyourduck.com under any circumstances.

 

User Code of Conduct: This website is provided by Raceyourduck.com, LLC and is intended to be used in a safe and fun manner, with respect for all players. You are responsible for the content of any material you enter on this Website. Users of this Website must not:

 

1. Use this Website in such a way as to offend or interfere with the use by anyone else of this Website;

2. Sell, trade or barter any items earned through this Website;

3. Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that:

(i) are defamatory, libelous or inaccurate,

(ii) are abusive or threatening towards or invade the privacy of any third party;

(iii) are offensive, obscene or pornographic;

(iv) infringe the intellectual property rights, including copyrights, of any third party;

(v) violate any law or regulation;

(vi) advocate illegal activity;

(vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or

(viii) are treated as confidential under any contract or policy; or

(ix) reveal personal information to other users online.

 

The best way to stay safe online is to NEVER:

1) Share your real name, phone number, address, email or passwords with other users;

2) Attempt to circumvent the security systems of this Website;

3) Attempt to gain access to any other user's Accounts;

4) Attempt to ascertain any other user's password, user name or personal information by any means whatsoever, including without limitation, by use of this Website or any other website, or by e-mail communication;

5) Attempt to collect information about other users without their consent;

6) Attempt to use this Website for any purposes other than those intended by Raceyourduck.com, LLC; or

7) Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

 

Spam:  The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

 

DISCLAIMERS:

THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE RACEYOURDUCK.COM MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RACEYOURDUCK.COM, LLC and its officers, members, partners, employees, agents and licensors DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. RACEYOURDUCK.COM, LLC and its officers, members, partners, employees, agents and licensors DOES NOT WARRANT THAT THIS WEBSITE, THE RACEYOURDUCK.COM MATERIALS, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER, WILL BE CORRECTED IF FOUND TO BE DEFECTIVE, OR will MEET YOUR EXPECTATIONS. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE.

 

TO THE EXTENT THAT YOU COMMUNICATE WITH JOE@RACEYOURDUCK.COM ANY STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT. THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES AND THESE TERMS OF USE AGREEMENT SHALL GOVERN. IN ADDITION, RACEYOURDUCK.COM, LLC and its officers, members, partners, employees, agents and licensors DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RACEYOURDUCK.COM SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

FINALLY, RACEYOURDUCK.COM, LLC, and its officers, members, partners, employees, agents and licensors DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE OR RACEYOURDUCK.COM MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. IF YOUR USE OF THIS WEBSITE OR RACEYOURDUCK.COM MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT RACEYOURDUCK.COM ARE RESPONSIBLE FOR THOSE COSTS. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

 

Limitations of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL RACEYOURDUCK.COM, LLC BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, RACEYOURDUCK.COM AND ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM(S), OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.

 

INDEMNITY: YOU HEREBY AGREE TO INDEMNIFY AND HOLD RACEYOURDUCK.COM, LLC AND ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS AND LICENSORS HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH RACEYOURDUCK.COM, LLC MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT(S) (III) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH RACEYOURDUCK.COM, LLC. IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

 

No Third-party Beneficiaries: You agree that, except as otherwise expressly provided in this TERMS OF USE, there shall be no third-party beneficiaries to this agreement.

 

Notices: RACEYOURDUCK.COM may provide you with notices, including those regarding changes to the Terms of Use, including by but not limited to email, regular mail, text message, postings on this website or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this Terms of Use by accessing this website Services in an unauthorized manner. Your agreement to this Terms of Use constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed this website Services in an authorized manner.

 

Trademark information: You agree that all of Raceyourduck.com's trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and the property of Raceyourduck.com (the "Marks"). Without Raceyourduck.com's prior written permission, you agree not to display or otherwise use in any manner the Raceyourduck.com Marks.

 

Choice of Law: The laws of the State of New York shall determine any dispute arising between you and Raceyourduck.com.

 

Dispute Resolution: This Website is owned and operated by Raceyourduck.com, LLC. Concerns relating to this Website, can be sent by email to Joe@raceyourduck.com., or mailed to Raceyourduck.com, P.O. Box 1663, Smithtown, New York 11787. Should Raceyourduck.com, LLC. be unable to resolve any issue, the following rules may apply to the dispute.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS AND ARE WAIVING YOUR RIGHT TO A JURY TRIAL. ARBITRATION IS AN ALTERNATIVE DISPUTE RESOLUTION MEDIUM THAT IS A COST AND TIME EFFECTIVE ALTERNATIVE TO LITIGATION. YOU SHOULD READ THIS SECTION CAREFULLY. IF YOU HAVE ANY QUESTIONS REGARDING HOW THIS CLAUSE AFFECTS YOU, PLEASE CONSULT WITH YOUR LEGAL COUNSEL PRIOR TO ACCEPTING THIS USE AGREEMENT.

 

YOU AND RACEYOURDUCK.COM AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, EXCEPT THAT YOU OR RACEYOURDUCK.COM MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF.

 

ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL WITH EXPERTISE IN THE SUBJECT MATTER OF THE DISPUTE, WHO WILL BE MUTUALLY AGREED UPON BY BOTH PARTIES AND BE CONDUCTED BEFORE THE AMERICAN ARBITRATION ASSOCIATION OR OTHER KNOWN AND REPUTABLE ARBITRATION ASSOCIATION AND SHALL TAKE PLACE IN A LOCATION REASONABLY CONVIENENT TO THE PARTIES. YOU FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR. ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS USER AGREEMENT. FOR MORE INFORMATION CONCERNING ARBITRATION, INITIATION, PROCEDURES AND COSTS, PLEASE VISIT WWW.ADR.ORG.

 

BY ENTERING INTO THIS USER AGREEMENT, YOU AND RACEYOURDUCK.COM ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND RACEYOURDUCK.COM BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS USER AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND RACEYOURDUCK.COM BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

 

NOTHWITHSTANDING THE FOREGOING, IN THE EVENT A CLAIM ARISES SEEKING MONEY DAMAGES NOT EXCEEDING $3000 (OR OTHR APPLICABLE SMALL CLAIMS COURT CAPS) EITHER PARTY MAY BRING THEIR CLAIM IN THE SMALL CLAIMS COURT HAVING JURISDICTION OVER THE OTHER PARTY.

 

Jurisdictional Issues: If the arbitration and dispute resolution provisions of this Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement or use of Raceyourduck.com, shall be filed, and that venue properly lies, only in state or federal courts located in the County of Suffolk, State of New York, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, subject to any applicable consumer protection laws. We make no representation that Content on Raceyourduck.com, is appropriate or available for use in any particular location. Those who choose to access Raceyourduck.com do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

 

General Provisions: This Terms of Use Agreement and our Privacy Policy contain the entire understanding between you and Raceyourduck.com, LLC, in connection with your access and use of this Website and supersede all prior agreements, understandings, negotiations or discussions, whether oral or written between you and Raceyourduck.com, LLC. with respect to your access and use of this Website. If any provision of this Terms of Use Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Terms of Use Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this Terms of Use Agreement which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the Parties, then that provision shall be deemed severable from this Terms of Use Agreement. Your use of this Website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Raceyourduck.com, LLC. This Terms of Use Agreement may not be assigned by you.

 

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Raceyourduck.com Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Effective Date: January 25, 2009.