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Terms of Service
Effective March 2, 2002
Jerseyrunner.com maintains this website as a service to its customers.
By accessing and/or using this website, you are expressly agreeing
to comply with and be bound by the following Terms of Use and the
Privacy Policy, as well as all applicable laws and regulations.
We've created these Terms of Use to protect you and to ensure that
Jerseyrunner.com is safe and fun for everybody. If you do not agree
with these Terms of Use, you are not authorized to use Jerseyrunner.com.
Jerseyrunner.com may revise and update these Terms of Use at any
time, so please periodically review them, as your continued usage
of Jerseyrunner.com indicates your agreement with any such changes.
Copyright
Ownership. All content included on Jerseyrunner.com,
such as text, graphics, logos, button icons, images, audio clips,
and software, is the property of Jerseyrunner.com and/or its content
suppliers and protected by U.S. and international copyright laws.
The compilation (meaning the collection, arrangement and assembly)
of all content on Jerseyrunner.com is the exclusive property of
Jerseyrunner.com and protected by U.S. and international copyright
laws. All software used on Jerseyrunner.com is the property of Jerseyrunner.com
and/or its software suppliers and protected by U.S. and international
copyright laws.
Permitted Use. The content and software on Jerseyrunner.com
may be used as an information, entertainment, and registration resource.
In addition, Jerseyrunner.com hereby authorizes you to view, copy,
download, and print for personal use. Such personal use is subject
to the following conditions: (i) content may be used only for non-commercial,
informational purposes and may not be posted or distributed, (ii)
the content may not be modified, and (iii) copyright, trademark
and other proprietary notices may not be removed. This permission
does not extend to materials owned by Jerseyrunner.com licensors.
Except as expressly stated in these Terms of Use or as otherwise
specifically authorized by Jerseyrunner.com, you may not duplicate,
download, publish, modify or otherwise distribute (including through
the use of frames or deep links) the material on Jerseyrunner.com.
Furthermore, you may not copy, reproduce or distribute the design
or layout of Jerseyrunner.com, Jerseyrunner.com design elements,
or software. Any use of Jerseyrunner.com content not described herein
is strictly prohibited.
Copyright Complaints. Jerseyrunner.com respects
the intellectual property of others, and we ask our content partners
and Jerseyrunner.com to do the same. If you believe that your copyrighted
work has been copied and is accessible on Jerseyrunner.com in a
way that constitutes copyright infringement, you may notify Jerseyrunner.com
management at manager@jerseyrunner.com.
Links, Third Party Services, & Promotional Messages
As a convenience to our members, we may provide
links to third-party web sites. The linked sites are not under our
control, and we make no representations as to the quality, suitability,
functionality or legality of any sites to which we may provide links.
You hereby waive any claim you might have against Active with respect
to such sites.
In addition, you may register for races and related
events through Jerseyrunner.com from other persons not affiliated
with Jerseyrunner.com. For example, you may choose to register for
a race on Jerseyrunner.com. All matters concerning the registration,
including but not limited to purchase terms, payment terms, warranties,
guarantees, maintenance, and delivery, are solely between you and
the third party. Jerseyrunner.com makes no warranties or representations
whatsoever with regard to any goods or services provided by the
third party. You will not consider Jerseyrunner.com, nor will Jerseyrunner.com
be construed as, a party to such transactions, whether or not Jerseyrunner.com
may have received some form of revenue or other remuneration in
connection with the transaction. You agree that Jerseyrunner.com
will not be liable for any costs or damages arising out of such
transactions, either directly or indirectly.
Jerseyrunner.com and/or
third parties may, from time to time, send e-mail messages to you
containing advertisements, promotions, etc. Jerseyrunner.com makes
no representation or warranty with respect to the content of any
such e-mail messages or any goods or services which may be obtained
from such third parties, and you agree that neither Jerseyrunner.com
nor such third party shall have any liability with respect thereto.
Jerseyrunner.com Lockers
You are responsible for maintaining the confidentiality of the
login information for your Jerseyrunner.com locker. You shall be
responsible for all uses of your locker, whether or not authorized
by you. You agree to immediately notify Jerseyrunner.com of any
unauthorized use of your locker.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF Jerseyrunner.com
IS AT YOUR SOLE RISK. Jerseyrunner.com IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Jerseyrunner.com EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THE INFORMATION ON Jerseyrunner.com IS PROVIDED
WITH THE UNDERSTANDING THAT NEITHER Jerseyrunner.com NOR ITS MEMBERS,
WHILE SUCH MEMBERS ARE PARTICIPATING IN Jerseyrunner.com, ARE ENGAGED
IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES
OR ADVICE. Jerseyrunner.com ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL
ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING
PROGRAMS AND ARTICLES ON Jerseyrunner.com CAN BE DANGEROUS AND MAY
RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN
BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON Jerseyrunner.com.
Jerseyrunner.com makes no warranty that Jerseyrunner.com
services will be uninterrupted, secure or error free. Jerseyrunner.com
does not guarantee the accuracy or completeness of any information
in, or provided in connection with, Jerseyrunner.com. Jerseyrunner.com
is not responsible for any errors or omissions, or for the results
obtained from the use of such information. You understand and agree
that any material and/or data downloaded or otherwise obtained through
the use of Jerseyrunner.com is at your own discretion and risk and
that you will be solely responsible for any damage to your own computer
system or loss of data that results from the download of such material
and/or data.
Limitation of Liability
Jerseyrunner.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A)
THE USE OR THE INABILITY TO USE Jerseyrunner.com OR (B) FOR THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH Jerseyrunner.com OR (D) RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLE, EVEN IF Jerseyrunner.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold Jerseyrunner.com and its officers
and employees harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
your use of Jerseyrunner.com, the violation of these Terms and Conditions
by you, or the infringement by you, or any other subscriber of your
account, of any intellectual property or other right of any person
or entity.
Termination
Jerseyrunner.com reserves the right, at its sole discretion, immediately
and without notice to suspend or terminate (i) these Terms of Use;
(ii) your registration with or ability to access Jerseyrunner.com
and/or any other service provided to you by Jerseyrunner.com upon
any breach by you of the Terms of Use or upon your demonstration
of conduct that Jerseyrunner.com determines to be inappropriate.
Applicable Law; Consent to Jurisdiction
Jerseyrunner.com is controlled by Jerseyrunner.com
from its offices and internet service providers within the State
of New Jersey, United States of America. Jerseyrunner.com can be
accessed from all 50 states, as well as from other countries around
the world. As each of these places has laws that may differ from
those of New Jersey, by accessing Jerseyrunner.com, both you and
Jerseyrunner.com agree that the statutes and laws of the State of
New Jersey, without regard to the conflict of laws principles thereof,
will apply to all matters relating to use of Jerseyrunner.com.
You agree that exclusive jurisdiction for any
dispute with Jerseyrunner.com, or in any way relating to your membership
or use of Jerseyrunner.com, resides in the courts of the State of
New Jersey and you further agree and expressly consent to the exercise
of personal jurisdiction in the courts of the State of New Jersey
in connection with any dispute including any claim involving Jerseyrunner.com
or its affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers, and content providers. If
any provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and enforceability
of any remaining provisions.
Miscellaneous
The failure of either party to insist upon or
enforce strict performance by the other party of any provision of
the Terms of Use or to exercise any right under the Terms of Use
will not be construed as a waiver or relinquishment to any extent
of such party's right to assert or rely upon any such provision
or right in that or any other instance, rather, the same will be
and remain in full force and effect.
Jerseyrunner.com may assign its rights and obligations
under these Terms of Use and upon such assignment Jerseyrunner.com
may be relieved of any further obligation hereunder.
You represent to Jerseyrunner.com that you have
the authority to register with Jerseyrunner.com according to these
Terms of Use.
Jerseyrunner.com reserves the right to charge
fees, surcharges, and/or membership fees at any time.
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