Black Hills Overdrive

Disclaimer & Privacy

Disclaimer

While every reasonable care has been taken to ensure accuracy of the contents within this site, BLACK HILLS OVERDRIVE cannot be and will not be held responsible for any errors and omissions, losses or detriment what so ever arising from the information contained within this site.

Under no circumstance shall BLACK HILLS OVERDRIVE be liable to the user and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental or punitive damages whatsoever, even if BLACK HILLS OVERDRIVE has been advised of the possibility of such damages. By surfing within this website, you are deemed to be in agreement with the Terms & Conditions stated in this Disclaimer.

Terms & Conditions

The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to us indicates acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this site and these terms and conditions at any time.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

Typographical Errors/Incorrect Pricing

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Privacy
Our Commitment To Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

The Information We Collect:

This notice applies to all information collected or submitted on the BLACK HILLS OVERDRIVE website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:

* Name

Business

Address

Email address

Phone number

Credit/Debit Card Information

(etc.)

The Way We Use Information:

We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.

We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.

We use return email addresses to answer the email we receive, communicate with you about your orders and let you know about special promotions. Such addresses are not used for any other purpose and are not shared with outside parties.

We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

How To Contact Us

Should you have other questions or concerns about these privacy policies, please send us an email to info@bhoverdrive.com.

Release and Indemnity:
 
I wish to participate in the Black Hills Overdrive on June 5th thru 8th 2008.  In return for my being permitted to do so, I voluntarily enter into this agreement and give this release and indemnity.
 
1.) RELEASE:  I hereby release, waive, discharge the released parties (as defined below), from and for any and all claims, liability, loss, cost or expense of any kind (including without limitation, liability for attorneys fees and costs) arising directly or indirectly (and whether foreseeable or unforeseeable) from my participation in the Black Hills Overdrive.  Without  limiting the generality of the foregoing, the scope of this release includes (i) all liability of the Released Parties for any injury, death or property loss to me, (ii) all liability of the Released Parties for any injury, death or property loss to others (iii) all claims for indemnification, contribution, subrogation, or exoneration that may be sought by me or through me from any released party (iiii) all liability of the released parties arising (directly or indirectly and whether foreseeable or unforeseeable) as a result of any allegation of negligence, recklessness or other wrongful conduct (including, without limitation, intentional acts) of any of the released parties.
 
2.) INDEMNITY:  I further agree to defend, indemnify and hold the released parties from and against all claims, demands, losses or expenses, including attorneys fees, asserted or incurred by reason of my actions before, during or after the Black Hills Overdrive.
 
3.) RELEASED PARTIES:  "Released parties" as used herein includes All persons associated with the Black Hills Overdrive and all organizations affiliated with them, all sponsors or contributors to the Overdrive, and all servants, employees, officers, agents or volunteers, of all of the foregoing, and all other person's and entities otherwise involved operating or assisting the Black Hills Overdrive.
 
4.) GENERAL: 
 
(a) Several Agreements.  The agreements herein set forth are intended by me to be independently binding upon me.  In the event that any portion of this agreement is held to be unenforceable for any reason. (i) such holding  shall not affect the enforceability for the remaining provisions hereof and (ii) the court shall enforce any otherwise unenforceable provisions hereof to the fullest extent permitted by law.
(b) Capacity.  The agreements herein set forth are entered into by me in each and every capacity in which I participate in the Black Hills Overdrive, whether as a driver, a passenger or otherwise.
(c) Attorneys Fees and Costs.  In the event that any Released Party is required to retain an attorney to enforce any term or condition hereof as a result of any claim presented by me or on my behalf, I agree to pay the reasonable attorneys fees and costs of suit so incurred by such Released Party.
(d) Binding Effect.  This agreement is binding upon, my heirs, representatives, successors and assigns and upon anyone else who might claim a loss on account of anything happening to me.
 
6.) WEATHER:  The Black Hills Overdrive is a "Rain or Shine" event.  There will be no refunds given in the case of unfavorable weather going to, from or during the event.
 
7.) ROAD CONDITIONS:  The Black Hills Overdrive is not liable for road conditions, including but not limited to road construction, traffic delays of any kind, and law enforcement activities. 
 
8.) CANCELLATION POLICY: A full refund will be given to all cancellations received on or before May 15, 2007. Zero refunds will be given after May 15th, 2008
 
 
I HAVE CAREFULLY READ THE ABOVE AND THE ATTACHED RULES AND REGULATIONS.  I FULLY UNDERSTAND THEM, AND I AM SIGNING OF MY OWN FREE WILL.