Last modified November 2, 2018
2. No Medical Advice and No Endorsement. The Service and the entire contents of the Service (including without limitation, material on the Service’s Public Areas (as defined below) (the “Content”)) are provided for informational purposes only. Any information provided to you by New England Runs as a result of your participation in the Service is being provided to you solely for your informational benefit. You could die or become seriously injured by engaging in the activities described on the Service. New England Runs does not provide medical or professional advice. New England Runs is not and shall not be considered a healthcare provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or engaging in physical activity. SHOULD ANY UNEXPECTED MEDICAL EVENT OCCUR WHILE YOU ARE USING OR ACCESSING THE SERVICE HEREUNDER, IMMEDIATELY CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER OR IMMEDIATELY PROCEED TO YOUR LOCAL EMERGENCY ROOM. In creating the Content, including without limitation any running event information and any running store and running club directories, New England Runs relies on third-party sources that New England Runs has not vetted. Your reliance on the Service or the Content is at your own risk. New England Runs does not endorse or warranty any running event, running club, running store, product, service, opinion, or other information that may be referenced on or through the Service.
3. Access to the Service.
3.1. Subject to your acceptance of and compliance with this Agreement, New England Runs grants to you a non-exclusive, non-transferable, revocable limited license to use the Service for your personal non-commercial use. You agree not to use the Service for any other purpose, or to download, save, copy or distribute the Content except as specifically allowed in this Agreement.
3.2. New England Runs may change, modify, suspend, or discontinue in its entirety or any aspect of the Service at any time. New England Runs may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service at any time, all without notice or liability.
3.3. You agree to be bound by any application-, tool-, or content-specific rules published within the Service.
3.4. You expressly agree that the Content may be viewed and accessed only by end users and not by any other website or web publisher.
3.5. Your use of the Service is conditioned upon your compliance with this Agreement and any use of the Service in violation of this Agreement will be regarded as an infringement of New England Runs’s copyrights in and to the Service. New England Runs reserves the right to terminate your access to the Service without notice if you violate this Agreement or for any reason at New England Runs’s discretion.
3.6 Use of the Service by Minors. Individuals under the age of 18 may not use the Service and individuals under the age of 21 may not contribute any Submissions (as defined below) to the Service. By using the Service, you represent that you are 18 years of age or older, and if you are at least 18 but below the age of 21, that you are using the Service with the permission of your parent or guardian. By contributing Submissions to the Service, you represent that you are 21 years of age or older.
4. Ownership of Intellectual Property.
4.1. Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by New England Runs and its licensors and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. New England Runs, and the New England Runs logos, are trademarks of New England Runs and may not be used without the express written permission of New England Runs.
4.2. You do not acquire any ownership rights by using the Service or submitting material to the Service.
4.3. You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of New England Runs.
4.4. You hereby grant to New England Runs an unlimited, non-exclusive, worldwide, perpetual, irrevocable, royal-free license, with unlimited sublicensing rights, to use all event, running store, and running club information, comments, feedback, blog or forum statements (if any), photos, images, audio and video content, suggestions, ideas, and other submissions disclosed, submitted, or offered to New England Runs in connection with your use of the Service, including without limitation by e-mail to New England Runs or by submission to the Public Areas (as defined below) (collectively, “Submissions”) in any manner whatsoever New England Runs may desire, including, but not limited to, to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised. Without limitation of the foregoing, you agree that unless otherwise prohibited by law New England Runs may use, sell, exploit, disclose, revise, and delete the Submissions in any manner, including any public manner, without restriction, without compensation to you and with or without identifying you as the creator of the Submissions. For clarification but not limitation, you acknowledge and agree that New England Runs may display advertisements and other information next to or within your Submissions at our sole discretion. You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity, and that, to the best of your knowledge, the Submissions are accurate. You agree that the provisions in this Section 4 will survive any termination of your account(s), the Service, or this Agreement. For clarification but not limitation, New England Runs may continue to use and maintain your Submissions on the Site and otherwise even if you terminate your account(s).
4.5. You agree to include, and to not remove or alter, New England Runs’s trademark, copyright or other proprietary rights notices, as provided by New England Runs on or in connection with the Service, when using or sharing content, or otherwise using the Service, and you agree to comply with usage guidelines that may be provided by New England Runs from time to time. You agree that all goodwill that arises in connection with your use of New England Runs trademarks inures exclusively to New England Runs, and you agree not to challenge New England Runs’s ownership or control of any New England Runs trademarks, nor use or adopt any trademarks that might be confusingly similar to such New England Runs trademarks.
5. Public Areas. The Service features various public areas, including without limitation an event calendar and directories, (collectively, the “Public Areas”), to which users can submit information about events, running stores, running clubs, and other information relevant to the Service. If you use a Public Area of the Service, you are solely responsible for your own Submissions, the consequences of posting your Submissions, and your reliance on any information in the Public Areas or other areas of the Service. In the event that you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Any information you share in any online Public Area is by design open to the public and is not private. The New England Runs Parties shall have no responsibility for any actions taken, or failures to take action, with respect to the Public Areas of the Service or any Submissions. As with any public forum on any website, the information you post may show up in third-party search engine results.
6. Passwords. New England Runs may have tools that allow you to record and store information in your account. You are responsible for all actions on the Service by you or under your Service password or account and for taking all reasonable steps to ensure that no unauthorized person shall have access to your Service password or account. Without limiting the foregoing, it is your sole responsibility to (1) control the dissemination and use of any login code and password; (2) authorize, monitor, and control access to and use of your Service account and password; (3) promptly inform New England Runs of any need to deactivate a password. You grant New England Runs and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the operation of the Service.
7. Usage Rules. As a condition of your use of and access to the Service, you agree to comply with any application-or content-specific rules published within the Service as well as the following usage rules, which New England Runs may modify or supplement in its discretion from time to time (with notice to you of material changes, per Section 1). You agree that your activities on the Service will not:
(b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
(c) use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
(d) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
(e) cover or obscure any notice, legend, warning, banner or advertisement contained on the Service;
(f) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(g) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for real currency or items of monetary value;
(h) violate any applicable law, including without limitation any applicable export laws;
(i) harvest or otherwise collect information about others, including e-mail addresses, without their identification for posting or viewing Submissions;
(j) infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
(k) be obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or cause embarrassment to any other person as determined by New England Runs in its sole discretion;
(l) further any chain letters or pyramid schemes;
(m) deliberately mislead anyone as to your identity, impersonate another, or falsely identify the source of any Submissions;
(n) allow another person or entity to use your identity in order to access the Service or post or view Submissions;
(o) post the same Submission more than once, transmit unsolicited messages, or engage in “spam”;
(p) engage in conduct deemed by New England Runs to be in conflict with the spirit or intent of the Service, including without limitation, by exposing New England Runs or another to any liability or detriment of any kind;
(q) engage in any activity deemed by New England Runs to be in conflict with the spirit or intent of the Service; or
(r) scrape or crawl the information or data on the Service.
9. Child Online Protection Act Notification. Pursuant to 47 U.S.C. § 230(d) as amended, New England Runs hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available on the websites StaySafeOnline (http://staysafeonline.org/stay-safe-online/), GetNetWise (http://www.getnetwise.org/), and OnGuardOnline (http://www.onguardonline.com/). Please note that New England Runs is not affiliated with the above listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.
10. Disclaimers; Limitations; Waivers of Liability.
10.2. THE New England Runs PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR THE CONTENT (INCLUDING WITHOUT LIMITATION ANY INFORMATION REGARDING ANY RUNNING EVENT, RUNNING STORE, OR RUNNING CLUB) WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY.
10.3. THE NEW ENGLAND RUNS PARTIES DO NOT ENDORSE OR WARRANTY ANY RUNNING EVENT, RUNNING STORE, OR RUNNING CLUB OR ANY PRODUCT, SERVICE, OPINION, OR OTHER INFORMATION THAT MAY BE REFERENCED ON OR THROUGH THE SERVICE. THE SERVICE HEREUNDER IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. THE NEW ENGLAND RUNS PARTIES HAVE NO RESPONSIBILITY FOR OR INVOLVEMENT WITH ANY (A) RELATIONSHIP THAT EXISTS OR COMES TO EXIST OR ANY MEETING OR INTERACTION BETWEEN A USER OF THE SERVICE AND ANY EVENT, RUNNING STORE, OR RUNNING CLUB, OR OTHER PERSON OR ENTITY THROUGH THE SERVICE; OR (B) PARTICIPATION IN ANY RUNNING EVENT OR RUNNING CLUB OR ANY OTHER REAL-WORLD ACTIVITY AS A RESULT OF THE SERVICE.
10.4. THE NEW ENGLAND RUNS PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM PARTICIPATION IN ANY RUNNING EVENT OR RUNNING CLUB OR TRANSACTION WITH ANY RUNNING STORE, WHETHER OR NOT THE NEW ENGLAND RUNS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, AND A DETERMINATION IS MADE THAT NEW ENGLAND RUNS IS LIABLE, THE PARTIES AGREE THAT THE CAP ON SUCH LIABILITY, AND THE MOST THE NEW ENGLAND RUNS PARTIES WOULD BE LIABLE TO YOU FOR, IS $100. FOR THE AVOIDANCE OF DOUBT, UNDER NO CIRCUMSTANCES WILL THE NEW ENGLAND RUNS PARTIES BE LIABLE TO YOU FOR MORE THAN $100.
10.5. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
10.6. Release. You forever release, discharge, and covenant not to sue the New England Runs Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the New England Runs Parties, or otherwise, in connection with your use of the Service or your interaction with any party through or as a result of the Service. In other words, you agree that you cannot sue the New England Runs Parties if anything happens to you or your property in connection with your use of the Service or your interaction with any party through or as a result of the Service. You agree that the provisions in this Section 10 will survive any termination of your account(s), the Service, or this Agreement.
11. Indemnification. You agree to defend, indemnify and hold harmless the New England Runs Parties from and against all liability, claims, actions and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this Section 11 will survive any termination of your account(s) the Service, or this Agreement.
12. Objectionable Content/Copyright Takedown: If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply:
Copyright Policy: It is New England Runs’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on this Service contain infringements, please send a notice to our designated agent at the address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or e-mail address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. New England Runs will also terminate a user’s account if a user is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should direct your infringement claim (or other complaints), is:
Attention: Sean Griffin
New England Runs, LLC
P.O. Box 509
Franklin, MA 02038
Telephone Number: (978) 496-8786
12.1 Results. Race results may be considered public domain for all private use, as well as news reporting. Results may have come from a variety of contributors and sources–sometimes this source is known, other times it may not be known. If you feel you or your organization have not been given due credit for being the source of any of our results please contact us so that we may correct this problem.
As results are facts and and not an original work we do not feel their use may be denied; however, we desire to make every effort to provide credit when it is desired from the provider or originator of the results.
14. Governing Law/Waiver of Injunctive Relief.
14.1. This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the United States and the Commonwealth of Massachusetts governing contracts entered into and to be fully performed in Massachusetts (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Boston, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts.
14.2. You acknowledge that the rights granted and obligations made hereunder to New England Runs are of a unique and irreplaceable nature, the loss of which will irreparably harm New England Runs and which cannot be replaced by monetary damages alone so that New England Runs will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
14.3. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and New England Runs agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Attention: Sean Griffin, New England Runs, LLC, PO Box 509, Franklin, MA 02038.
14.4. Mandatory Arbitration. If you and New England Runs are unable to resolve a Dispute through informal negotiations within 30 days, either you or New England Runs may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website www.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
14.5. Notwithstanding the above, you and New England Runs agree that arbitration will be limited to the Dispute between New England Runs and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
14.6. You and New England Runs agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or New England Runs’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief or to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
15.1. The failure of New England Runs to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of New England Runs’s right to assert or rely upon any such provision or right in that or any other instance.
15.2. You and New England Runs agree that if any portion of this Agreement, except any portion of Section 14.6, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If Section 14.6 is found to be illegal or unenforceable then neither you nor New England Runs will elect to arbitrate any Dispute falling within that portion of Section 14.6 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Boston, Massachusetts, and you and New England Runs agree to submit to the personal jurisdiction of that court.