The website located at runningenthusiasts.com (the .Website.) is a copyrighted work. RunningEnthusiasts.con grants you the right to service the Website subject to the terms and conditions set forth below (“Terms of Service”). Please read these terms of service carefully. By accessing the website, you agree to be bound by the terms of service. If you do not wish to be bound by these terms of service, you may not access or service this website.
1. Privacy Policy. Please review the RunningEnthusiasts.com privacy policy at runningenthusiasts.com(“Privacy Policy”). The terms of the Privacy Policy are incorporated into, and considered a part of, these Terms of Service.
2. License. RunningEnthusiasts.com owns and operates the Website. The information and content available on the Website, or in any communications RunningEnthusiasts.com sends you, (the “Website Content”) are protected by copyright laws throughout the world. Any unauthorized reproduction or modification, distribution, or performance of any Website Content is strictly prohibited. RunningEnthusiasts.com and its licensors reserve all rights not granted in these Terms of Service.
3. Trademarks. All trademarks, logos and service marks (collectively, “Marks”) displayed on the Website are RunningEnthusiasts.com ‘s property or the property of other third parties. You are not permitted to service these Marks without RunningEnthusiasts.com ‘s prior written consent or the consent of the third party that owns the Marks.
4. Modification. RunningEnthusiasts.com reserves the right, at any time, to modify the Website Content or to modify, suspend, or discontinue the Website or any part thereof with or without notice. You agree that RunningEnthusiasts.com will not be liable to you or to any third party for any modification of the Website Content or modification, suspension, or discontinuance of the Website.
5. Third Party Links. The Website may contain links to other websites operated by third parties. Such third party websites are not under the control of RunningEnthusiasts.com . RunningEnthusiasts.com is not responsible for the content of any third party website or any link contained in a third party website. RunningEnthusiasts.com provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If you decide to access any of the third party websites linked to the Website, you do this entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices.
6. WARRANTY DISCLAIMER. RunningEnthusiasts.com IS PROVIDING THE WEBSITE AND THE WEBSITE CONTENT ON AN “AS IS” BASIS FOR SERVICE AT YOUR OWN RISK. RunningEnthusiasts.com DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. RunningEnthusiasts.com DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT OR THE INFORMATION PROVIDED ON THE WEBSITE. INFORMATION AT THIS WEBSITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS WEBSITE AND MAY CONTAIN ERRORS.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL RunningEnthusiasts.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF SERVICE, DATA, OR PROFITS, WHETHER OR NOT RunningEnthusiasts.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. RunningEnthusiasts.com ‘S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, OR THE WEBSITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).
8. Amendment. These Terms of Service are subject to occasional revision, and if RunningEnthusiasts.com makes any substantial changes, RunningEnthusiasts.com will notify you by sending you an e-mail to the last e-mail address you provided to RunningEnthusiasts.com (if any RunningEnthusiasts.com may have in its records) and/or by prominently posting notice of the changes on the Website. Any material changes to these Terms of Service will be effective upon the earlier of thirty (30) calendar days following RunningEnthusiasts.com ‘s dispatch of an e-mail notice to you or thirty (30) calendar days following RunningEnthusiasts.com ‘s posting of notice of the changes on the Website. These changes will be effective immediately for new servicers of the Website. Continued service of the Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
9. Dispute Resolution. In the event of a dispute, controversy, or claim arising out of or relating to this Agreement, the parties agree to submit the dispute (other than one filed in small claims court) to binding arbitration under the then current rules of the American Arbitration Association. The parties also agree that you shall not participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving this Agreement. The enforceability of this paragraph 9 (“Dispute Resolution”) shall be determined under federal law and the Federal Arbitration Act (“FAA”).
10. General Provisions. If any provision in these Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Service will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Service, with the exception of paragraph 9 (Dispute Resolution), and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using this Website, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for San Diego County, California for any lawsuit filed there against you by RunningEnthusiasts.com arising from or related to these Terms of Service. These Terms of Service (which includes the Privacy Policy and any other legal notices or terms located on particular pages of this Website) constitute the entire agreement between you and RunningEnthusiasts.com regarding the service of the Website and Website Content. Notwithstanding the foregoing, these Terms of Service do not supersede or amend (and will not take precedence over) any signed written agreement between you and RunningEnthusiasts.com with respect to the subject matter of that signed written agreement, unless otherwise set forth in that signed written agreement. If you have any questions about the foregoing, please contact RunningEnthusiasts.com at the following e-mail address: [email protected].
