Terms & Conditions
SUCCESSFUL RUNNING, INC.
WEBSITE TERMS AND CONDITIONS
Please read the following Terms and Conditions of Use carefully before continuing use of this Website. By using this site, you signify your acceptance of these terms:
1. GENERAL RULES
These Terms govern your use of the Runners’ LoungeTM online service, which provides an easy-to-use, comprehensive online destination offering information, community-oriented services and products tailored to the specific needs of our users based on our Running Community (the “Service”). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms, govern your use of those areas. These Terms, together with any such additional terms and conditions, are referred to as the “Terms”.
2. MODIFICATION OF TERMS
Runners’ LoungeTM is owned and operated by Successful Running, LLC. Successful Running, LLC (the “Company”) reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time, effective immediately upon notice published on the Site. We suggest that you check these terms periodically for changes. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by the Company as discussed above. If at any time these Terms are no longer acceptable to you, you should immediately cease all use of the Service
3. MODIFICATION OF SERVICE
The Company may change, suspend or discontinue any aspect of the Service at anytime, including the availability of any Service feature, data base or content. The Company may also impose limits on certain features and services or restrict your access to parts or all the Service without notice or liability.
4. REGISTRATION OBLIGATIONS
To use certain areas of this site, you must first submit a complete Registration Form available at http://www.runnerslounge.com. When submitting a Registration Form, you agree to:
a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and
b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service, (or any portion thereof) by you. Children under 13 years of age cannot register on any portion of the Runners’ LoungeTM website.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7. USE OF CONTENT
You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are the property of the Company or third parties who have authorized the appearance of their content on this Site. U.S. and international copyright, trademark or other intellectual property laws protect all Content. All rights in Content are reserved. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, non-commercial use.
You may download or copy the Content, as authorized on this Site and only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express written consent of the Company or the owners of such Content or their authorized representatives, if other than the Company.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright.
You, not Successful Running, Inc. or the party credited as the provider of the Content, are liable for any damage resulting from any infringement of copyrights, proprietary intellectual property rights or any other harm arising from your failure to abide by the provisions by this section.
8. MANAGING CONTENT
You may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner, and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to the Company an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, edit, copy, publish, distribute, translate, and otherwise use in any medium any Content that you place on the Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
The Company does not and cannot review all Content posted by users on the Service and is not responsible for such Content. However, the Company reserves the right to delete, move or edit any Content that it may determine, in its sole discretion, violates these Terms or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. The Company shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
You are solely responsible for all Content you post on the Service. You can be held legally liable for all Content you post on the Service. Without limiting the foregoing, you may be held legally accountable if any Content you post on the Service includes, for example, material protected by copyright, trademark, patent or trade secret law without the permission of the author or owner, or defamatory comments. The Company is not responsible for any loss of data resulting from network or system outages, file corruption, viruses or any other reasons.
9. RULES OF CONDUCT FOR POSTING CONTENT
You shall not post on the Service any Content that is
a) libelous, defamatory, obscene, pornographic, abusive, harassing or threatening;
b) contains viruses or other contaminating or destructive features;
c) violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or
d) otherwise violates any applicable law. You may not post on the Service any links to any external Internet Sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.
The Company does not represent or endorse the accuracy or reliability of any content posted and you acknowledge that any reliance upon such Content shall be at your own risk. Any Content placed online by users are the views of the user posting the statement, and do not represent the views of the Company.
The Service may contain links to Sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that the Company is not responsible for the availability of, or the Content located on or through, any External Site. You should contact the Site Administrator or Webmaster for any such External Site if you have any concerns regarding such links of the Content located on such External Site.
11. ADDITIONAL TERMS AND CONDITIONS
In addition to the other terms and conditions of use, by registering for our Running Community Site (the “Service”) you become a member of the Service and you agree to be bound by the following terms and conditions. If you do not agree to the terms and conditions, please do not register for our Running Community.
The Company reserves the right to immediately suspend or terminate your access to the Service, without notice, at any time. Your membership in the Service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
Minors may not become Members. By becoming a Member, you represent and warrant that you are at least 13 years old.
Online conduct. As a Member, you agree that:
1. You are solely responsible for the Content or information you post on the Service, or transmit to other Members.
2. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any other material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
3. You will use the Service in a manner consistent with any and all applicable laws and regulations.
4. You will not include in your profile any telephone numbers, street addresses, last names, URL’s or E-mail addresses other than where asked for it.
5. You will not include in your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. The Company reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.
6. You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Members.
7. You are solely responsible for your interactions with other Members. The Company reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other Members.
Warning–Please read this: It is possible that other Members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Neither the Company nor any of its agents is responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
The Company does not screen the Members registering to the Service in any way. As a result, the Company will not be liable for any damages, direct or indirect, incidental and/or consequential, arising out of the use of this Service, including, without limitation, damages arising out of communicating and/or meeting with other Members, or introduce to you via the Service. Such damages include, without limitation, physical damages, bodily injury or emotional distress and discomfort.
Complaints: To resolve a complaint regarding the Service, you should first contact us at: firstname.lastname@example.org
12. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
NEITHER THE COMPANY, NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY CONTRIBUTOR, (COLLECTIVELY THE “COMPANY PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OF THE CONTENT, NOR ITS FITNESS FOR ANY PARTIULAR PURPOSE. NONE OF THE COMPANY PARTIES WILL BE LIABLE FOR ANY LOSS, DAMAGE, INJURY OR WRONGFUL DEATH CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, INSTRUCTION, OPINION OR ADVICE CONTAINED IN THE CONTENT. YOU ARE ENCOURAGED TO CONSULT TO CONSULT A DOCTOR BEFORE BEGINNING ANY EXERCISE PROGRAM, ASSESSING MEDICAL CONDITIONS AND INJURIES AND THE APPROPRIATE TREATMENT FOR MEDICAL CONDITIONS AND INJURIES. RECOMMENDATIONS AND ADVICE ON THIS SITE ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE FROM A LICENSED PHYSICIAN OR OTHER MEDICAL PROFESSIONAL.
THE SERVICES BEING PROVIDED TO YOU ARE ON AN “AS IS” AND “BEST EFFORTS” BASIS. NONE OF THE COMPANY PARTIES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE AND THE SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFULL ELEMENTS. NONE OF THE COMPANY PARTIES MAKE ANY WARRANTIES WITH RESPECT TO ANY RESULT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. ALL THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILTIY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT OF THIRD-PARTY RIGHTS.
NO ADVICE, INSTRUCTION OR INFORMATION GIVEN BY ANY OF THE COMPANY PARTIES SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON SUCH INFORMATION, INSTRUCTION OR ADVICE. IN NO EVENT, SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMIATIONS OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURIDICTIONS THE COMPANY PARTIES LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
You agree to indemnify and hold harmless the Company and its employees, officers, members, directors, owners, agents, information providers and licensors, to the fullest extent lawful, from and against all loss, liability, claim, damage, cost, judgment, penalty and expense (including all attorney’s fees), promptly as incurred, directly or indirectly based upon, or arising out of or in connection with (1) your violation of these Terms or (2) any use or alleged use of the Service under your password by you or any person, whether or not authorized by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company’s defense of such claim and to reimburse the Company for the costs and expenses of such defense.
14. TERMINATION OF SERVICE
You agree that the Company, in its sole discretion, may terminate your password, account (or any party thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the Terms. The Company reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. The Company may suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content, without prior notice or liability.
The Company also reserves the right to release current or past Member information in the event it believes that accounts are in violation of the terms of Service or page content guidelines, used to commit unlawful acts, if the information is subpoenaed and/or if the Company deems it necessary and/or appropriate.
15. DEALING WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
These Terms shall be construed in accordance with the laws of the State of North Carolina, and the parties irrevocably consent to bring any action to enforce these Terms in the federal or state court of Catawba County, North Carolina. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof. The rights and obligations provided herein may not be assigned or delegated. If any inconsistency exists between the terms of these Terms and Conditions and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.