Terms of Use

Runzalot Terms of Use

Last updated April 18, 2012

Please read these terms carefully before using Runzalot.com features or our platform. By accessing or using this website, mobile application or Runzalot products or service (the "Platform"), you signify that you have read, understand and agree to these Terms of Use and other applicable laws, whether or not you are a registered member of Runzalot. Runzalot may change these Terms of Use at any time without notice. If we do so, we will post a prominent notice to our website. Your use of the Platform will be considered an acceptance to the revised Terms of Use. If you do not agree to these Terms, please do not use this Platform.

Contents

  • Termination Disclaimer
  • Medical Notice and Limited Liability
    • Important Notice for Amateur Athletes
  • Intellectual Property
    • Platform Use Restrictions
    • Your Username/Password
  • Posting Rules: User Generated Content and User Conduct
    • Be Conscientious
    • Be Relevant
    • Be Yourself
    • Be Original
  • General Rules for User Generated Content
    • Content is Not Prescreened
    • Eligibility and Registration
    • Runzalot's Rights to Your Posting
    • Links
  • Privacy
  • Warranty Disclaimer
  • Limitation of Liability
  • Miscellaneous

Termination Disclaimer

Runzalot reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. Runzalot also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

Medical Notice and Limited Liability

The Platform may include features that promote physical activity, dietary habits, sleep decisions, and other physical and/or mental activities and lifestyle decisions. Consider the risks involved and consult a medical or physiological professional before engaging in any physical, mental, emotional, or general exercise plan, either based on the platform, ideas gleaned from your use of the platform, or elsewhere. Nothing on the Runzalot site should be viewed as medical advice or medically recommended. Runzalot is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the Platform.

Runzalot is not responsible or liable for any loss or damage resulting from any interaction with the Platform or other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform, nor is Runzalot responsible for illegal, malicious, or fraudulent activities that occur on our platform. If you have a complaint about activities or postings, contact us immediately to raise a complaint.

Important Notice for Amateur Athletes

You are responsible for ensuring that your use of this platform does not impact your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. Runzalot is not responsible or liable for your use of the Platform that impacts your amateur athlete eligibility.

Intellectual Property

All intellectual property on the Platform (except for User Generated Content) is owned by Runzalot or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, content, and service designs are owned, registered and/or licensed by Runzalot. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and is the property of Runzalot.

Platform Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase Runzalot products. You agree not to change or delete ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, transmit or sell any content on the Platform, including User Generated Content (defined below), without Runzalot's prior written consent, unless you post your own User Generated Content. You agree not to use any data mining, robots, scraping, or data gathering methods.

Your Username/Password

You are responsible for any actions that take place while using your Runzalot account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. Runzalot is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

Posting Rules: User Generated Content and User Conduct

"User Generated Content" is communications, materials, information, data, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any content Platform users post or make available on or through the Platform, except extent Content owned by Runzalot.

Be Conscientious

You are responsible for your User Generated Content, your interactions with users and your activity on the Platform. Do not take any action or post anything that may expose Runzalot, you, or our users to harm or liability. Do not post User Generated Content, or a link to a website, that, in Runzalot's discretion is non-topical (e.g., discusses religion, politics, sexual matters or other matters deemed non-topical or offensive in Runzalot's sole discretion); that harasses, insults, intimidates, or threatens another user, or is in any way inappropriate towards another user in Runzalot's sole discretion; or is illegal, offensive, libelous, or otherwise objectionable in Runzalot's sole discretion.

Be Relevant

Stay on topic and post only constructive comments and questions. Unless the Platform feature asks for it, don't post ads, solicitations, or talk about policies, future products, speculations, or rumors or other non-topical matters.

Be Yourself

Do not impersonate any person or entity, including without limitation athletes or Runzalot employees. Do not misrepresent yourself.

Be Original

You promise that you own or control all rights in any User Generated Content that you post on the Platform. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights.

General Rules for User Generated Content

Content is Not Prescreened

Runzalot does not prescreen User Generated Content or guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Runzalot is a platform for content distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform.

Eligibility and Registration

To become a member of the Runzalot Platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is for users who are thirteen 13 year old or older. Your account may be deleted if you misrepresent yourself or violate our Terms of Use.

Runzalot's Rights to Your Posting

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Runzalot a non-exclusive, non-revocable right to your User Generated Content.

Links

People who post on Runzalot, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited. Signed in users may post public content on the site such as questions, answers, articles and comments. This information can be viewed by all visitors to the site. Please do not post any public content that you do not want shown to the public. Any content that is considered to be offensive, spam or not related to the subject matter of the site, will be removed without warning and the offending user's account will be subject to removal. Singed in users may also post content about their personal workouts, races, health and training plans as well as create profiles. We may allow users to share this content with other users.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, describes the collection and use of information on this Platform.

Warranty Disclaimer

Runzalot is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "as is" and without warranties of any kind. To the fullest extent permitted by law, Runzalot disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Runzalot cannot guarantee and does not promise any specific results from use of the Platform. Runzalot does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, Runzalot does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other device in which you access the Platform, loss of data or other harm of any kind that may result. Runzalot reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Runzalot is not liable for any direct or indirect damages of any kind that result from the use, or inability to use, this platform for the products or suggestions suggested therein, either through Runzalot content, our marketing partners or email outreach, or User Content. You assume total risk and responsibility for your interactions with the platform, user thereof, and any damages or losses that result from your use of the platform. If Runzalot is found liable to you for any damage or loss connected with your use of the platform, Runzalot's liability will not exceed $100 USD, though applicable law may mean that this exclusion does not apply to you.

You agree to indemnify, defend, and hold harmless Runzalot, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

Miscellaneous

You agree that this Platform shall be deemed a passive website solely based in San Mateo County, CA, which does not give rise to personal jurisdiction over Runzalot in jurisdictions other than San Mateo County. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and Runzalot will be governed by California law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of Runzalot products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in San Mateo, CA. You consent to waive all defenses of lack of personal jurisdiction with respect to venue and jurisdiction in the state and federal courts of San Mateo, CA. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of Runzalot products, interactions with or use of our User Generated Content or affiliates' products, or interactions with other users you meet while using our platform) must be commenced within one (1) year after the claim or cause of action arises.

By using the Platform, you agree to receive certain electronic communications from Runzalot. You agree that any notice, agreement, disclosure or other communication that Runzalot sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Runzalot's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Runzalot may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.