| Acceptance
of Terms |
| This Agreement is void where prohibited by law, and the right to access the Site and Materials is revoked in such jurisdictions. |
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| Copyright |
| The Materials and Services on this Site, including - but not limited to - the compilation of all contents, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, RRunners.com and its suppliers do not grant any express or implied right to you under any paternities, copyrights, trademarks, rights, trade secrets or other intellectual property rights with respect to the Materials and Services.
Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of
RRunners.com. |
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| Registration
and User Information |
| Certain portions of the Site are only available
to individuals and entities that have become
registered users of RRunners.com as
described in these Terms of Use. The Services or
Materials available to users may include services
provided by RRunners.com and by third parties
("associates"). To become a user of
RRunners.com, you must complete a RRunners.com
registration form. By submitting a registration
form, you represent and warrant (a) that you are
18 years of age or over, (b) you personally are
signing up as a user, and (c) the information on
the registration form is current, complete and
accurate. Users must update registration
information to ensure that it continues to be
current, complete and accurate. RRunners.com
reserves the right to accept or reject user
registrations for RRunners.com. |
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| Use
and Protection of Password |
| You are responsible for maintaining the confidentiality of your account password. You are responsible for all uses of your account, whether or not it is actually or expressly authorized by you. If there is a breach of the confidentiality password or any other breach of security through a user's account, then the user shall notify RRunners.com immediately. |
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| Use
of Site Information |
Except as otherwise indicated elsewhere on this
Site, you may download and print the documents and
information available on this Site, subject to the
following conditions:
- The documents and information may be used
solely for personal, informational and
internal purposes.
- Except as expressly permitted, the documents
and information may not be modified or altered
in any way.
- Except as expressly permitted, the documents
and information on the Site may not be
distributed.
- You may not remove any copyright, trademark
or other proprietary notices contained in the
documents and information on this Site.
- RRunners.com reserves the right to revoke
the authorization to view, download and print
the information available on this Site at any
time, and any such use shall be discontinued
immediately upon written notice from
RRunners.com.
- The rights granted to you constitute a
limited license and not a transfer of title.
The rights specified above to view, download
and print the documents and information available
on this Site, are not a right to copy design,
layout, look or feel of the Site apart from the
usage permitted herein. Elements of this Site are
protected by trade dress or other laws and may not
be copied or imitated in whole or in part. You
agree not to use any means to circumvent log-in,
password and other protections on RRunners.com put
in place to restrict access to certain parts of
this Site. |
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| Consent To Aggregate Use of User Information |
| In order to make various features and functions
of Services and Materials available to users,
RRunners.com may collect information about users
and user's use of RRunners.com, including the
information identified in RRunners.com Privacy
Statement. User acknowledges and agrees
that RRunners.com's collection and use of user
information as set forth in the Privacy
Statement and RRunners.com's operation and
provision of RRunners.com, as contemplated under
this Terms of Use Agreement, is not a breach of
user's right to privacy, publicity or any other
right related to protection of personal data,
whether in equity, law, contract or otherwise.
User hereby waives any and all such claims or
rights of action (whether foreseen or unforeseen),
so long as the user information is collected,
stored and used in accordance with RRunners.com's Privacy
Statement or in the case of user's making
use of Materials or Services provided by
RRunners.com's associates, the Privacy
Statement of such associate. |
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| Reliability of Materials and Services |
| Materials and Services available on or through
this Site are routinely updated and RRunners.com
uses commercially reasonable efforts to ensure
that such information is reliable. However, the
user understands and acknowledges that
RRunners.com does not control the posting or
content of all Materials nor will it verify the
timeliness or content of Materials. RRunners.com
expressly disclaims any responsibility or
liability for any third party, Materials or
Services on this Site, or any third party
information or Services available through a link
from RRunners.com. |
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| Links To Other Internet Web Sites |
| This Site contains links to third party Web
sites that are not under the controls of
RRunners.com. RRunners.com makes no
representations whatsoever about any other Web
site to which you may have access through this
Site, including the Web sites of RRunners.com's
associates. When you access a non-RRunners.com Web
site, you do so at your own risk and RRunners.com is
not responsible for the accuracy or reliability of
any information, data, opinions, advice or
statements made on these sites; or for the quality
of any products or services available on such
sites; or for any damage or loss caused or alleged
to be caused through or in connection with use of
or reliance on the contents, goods or services
available on or through any such link, site or
resource. RRunners.com provides these links merely
as a convenience and the inclusion of such links
does not imply that RRunners.com endorses or
accepts any responsibility for the content or uses
of such sites. |
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| Submitted Information |
| You are solely responsible for the content of
any comments, information, questions, data,
feedback, ideas, descriptions of processes or
other information submitted to RRunners.com
through this Site. You may only submit to the
Site, the content that is (a) owned by you, (b) submitted
with the express permission of the owner, or (c)
in the public domain. By submitting and/or posting
content to the RRunners.com Web site, you
automatically grant a royalty-free, perpetual,
irrevocable, non-exclusive and fully
sub-licensable right to RRunners.com to use,
reproduce, modify, adapt, publish, edit such
content alone, or as part of other works in any
form, media or technology, whether now known or
hereafter developed. You are prohibited from
posting or transmitting to or from this Site any
unlawful, threatening, defamatory, obscene,
pornographic or other materials that would violate
any law or the rights of others, including
(without limitation) laws against copyright
infringement. Violations of these restrictions may
result in limitations on access by you to this
Site. |
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| Warranties and Disclaimers |
| Except as expressly provided otherwise in a
written agreement signed by authorized
representatives of you and RRunners.com, all
materials and services on this Site are provided
"as is" and "as available"
without warranty of any kind (either express or
implied) including - but not limited to - the
applied warranties of merchant ability or fitness
for a particular purpose, or the warranty of the
non-infringement. Without limiting the foregoing,
RRunners.com makes no warranty that (a) the
services and materials will meet your
requirements, (b) the services and materials will
be uninterrupted, timely, secure or error free,
(c) the result that may be obtained from the use
of the services or materials will be effective,
accurate or reliable and (d) the quality of any
product, services or information purchased or
obtained by you from this Site will meet your
expectations. Some states or jurisdictions do not
allow the exclusion of implied warranties or
limitations on how long an implied warranty may
last, so the above limitations may not apply to
you. To the extent permissible, any implied
warranties that cannot by law be excluded are
limited to ninety (90) days.
This Site could include technical or other
mistakes, inaccuracies or typographical errors.
RRunners.com may make changes to the materials and
services at this Site, including the prices and
descriptions of any products listed herein, at any
time without notice. The materials or services at
this Site may be out of date, and RRunners.com
makes no commitment to update such materials or
services.
RRunners.com assumes no responsibility for
errors or omissions in the materials and/or
services for information, materials or services of
third parties that are referenced by or linked to
this Site, including those of RRunners.com's
associates. References to other companies, their
services and products, are provided "as
is" and "as available" without
warranty of any kind (either express or implied).
IN NO EVENT SHALL RRunners.com OR ITS LICENSORS
OR ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR
ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT
LIMITATION) THOSE RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER OR NOT RRunners.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ON
ANY THEORY OF LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THIS SITE OR ANY WEB
SITE REFERENCED OR LINKED TO THIS SITE, INCLUDING
THOSE OF RRunners.com'S ASSOCIATES. SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION
OF LIABILITY FROM CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
The use of the services or the downloading or
any acquisition of any materials through the Site
is done at your own discretion and risk, and with
your agreement that you will be solely responsible
for any damage to your computer system or loss of
data that results from such activities. No advice
or information (whether oral or written) obtained
by you from RRunners.com or through or from the
Site shall create any warranty not expressly
stated in the Terms of Use.
In addition to the limitations and exclusions
set forth above, in no event will RRunners.com's
liability for the subject matter of the Agreement
exceed one thousand ($1,000.00) US dollars.
User acknowledges that the allocation of risks
and limitations of liabilities contained in this
Agreement are a material consideration for
RRunners.com entering into this Agreement. |
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| Terms and Termination |
| This Agreement is effective as of the date you
make use of the Site, or in the case of Materials
and Services accessible only to users, the date a
user enters a password authorizing access to the
Site and continues in force and effect until
terminated in accordance with this Section, or in
the case a user that has not become a user,
immediately upon such user's breach of any of the
Terms of Use. RRunners.com may terminate this
Agreement effective upon written (or e-mailed)
notice to user if user materially breaches any of
the terms or conditions of the Terms of Use that
is not cured within ten (10) days after notice
from RRunners.com. RRunners.com reserves the right
to suspend access to and use of the Site pending
cure of a user's breach. In addition, RRunners.com
or a user may terminate this Agreement, for any
reason or for no reason, upon thirty (30) days
notice to other.
The limitations and disclaimers of warranties,
and the indemnity obligations of users, and the
provisions of governing law, jurisdiction and
venue, shall survive the termination of this
Agreement.
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| Indemnity |
| At RRunners.com's option and request, the user
shall (at his/her own expense) indemnify, defend,
and hold RRunners.com and its subsidiaries,
affiliates, officers, employees, agents,
associates, suppliers and other partners harmless
from and against any losses, costs, damages,
liabilities and expenses (including reasonable
attorney's fees) arising out of or related to a
third party claim, action or allegation that is
(a) related in any way to a transaction or dispute
between the user and any third party, (b) based on
or caused by unauthorized access to the Site
through the user's account, (c) based on facts or
alleged facts that would constitute a breach of
any of the user's representations, warranties, or
covenants under this Agreement, or (d) arising out
of a request for RRunners.com to remove or disable
access to any user content in or on the Site. The
user shall not enter into a settlement of the
foregoing without RRunners.com prior written
consent and shall not incur expenses and fees in
defending the above claims, actions or allegations
without prior approval from RRunners.com. |
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| Entire Agreement |
This Terms of Use Agreement constitutes the
entire Agreement between you and RRunners.com with
respect to the Site and supersedes all prior
agreements or previous discussions (written or
oral) between you and RRunners.com. This Agreement
may be modified only by a signed agreement or as
follows:
- RRunners.com may modify this Agreement by
posting the new Terms
and Conditions into the same location
that the previous Terms and Conditions were
posted.
- If the user continues to use the Materials,
Services or Site, then the user will be
considered to have accepted the modifications.
|
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| Miscellaneous Provisions |
| If any provision of these Terms of Use is held
to be invalid or unenforceable, such provision
will be struck and remaining provisions enforced.
Headings are for reference purposes only. Our
failure to act with respect to a breach by you or
others does not waive our right to act with
respect to subsequent or similar breaches. These
Terms of Use, and all writings and Web pages
incorporated by reference into these Terms of Use,
set forth the entire understanding and agreement
between us with respect to the subject matter
hereof.
RRunners.com will not be liable in any amount
for failure to perform any obligation under this
Agreement, if such failure is caused by the
occurrence of cause beyond the reasonable control
of RRunners.com, including - but not limited to -
outages of the Internet or connections thereto,
communication outages, earthquakes, fires, floods,
Acts of God or any other Acts of governmental
bodies or authorities. |
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| Governing the Law and Jurisdiction |
| This Site (excluding links) is controlled by
RRunners.com from its offices within the State of
Ohio or United States of America. By accessing
this Site, you and RRunners.com agree that the
statutes and laws of the State of Ohio, without
regard to the conflicts of laws principals
thereof, shall govern all matters relating to your
access to, or use of, this Site and any Materials
or Services. You and RRunners.com also agree and
hereby submit to the exclusive personal
jurisdiction and venue of the Supreme Court of
Ohio and the United States District Court for the
Northern District of Ohio with respect to such
matters. RRunners.com makes no representation that
Materials or Services available on this Site are
appropriate or available for use in other
locations, and accessing them from territories
where their contents are illegal is prohibited.
Those who choose to access this Site from other
locations do so on their own initiative and are
responsible for compliance with local laws. |
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