Terms of Service
Updated as of October 22, 2013
Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various services (the "Services") made available to you (the "Member") by California Runners, Inc. ("California Runners") through http://www.californiarunners.org, California Runners mobile applications or otherwise. ONLY USERS WHO ARE 13 YEARS OF AGE OR OLDER MAY REGISTER FOR CALIFORNIA RUNNERS. By completing the registration process for the California Runners website, you represent that you are 13 years of age or older, and can and will be legally bound by this Agreement. If you are a minor, your parent or guardian must read and accept the terms of this Agreement before you register. No Member may participate where doing so would be prohibited by any applicable law or regulation.
California Runners reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at California Runners’ sole discretion. The most recent version of this Agreement will be posted on the California Runners website. Although California Runners will provide notice of material changes to this Agreement on the California Runners website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with California Runners in any way, Member's only recourse is to immediately: (1) discontinue use of California Runners; (2) terminate California Runners registration; and (3) notify California Runners of termination.
B) Description of Services
As a Member, you will be provided with a variety of Services, as described on the California Runners website. Members may also utilize certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. California Runners reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at California Runners’ sole discretion, with or without notice to Members, and with no obligation to Members.
C) Member Conduct
Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. California Runners reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does California Runners guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, California Runners, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that California Runners deems appropriate to enforce its rights and pursue all available remedies. Without limitation, California Runners reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
- Members shall not engage in any activity that constitutes harassment, including, but not limited to, repeated unwanted contact, interfering with a Member's use of site or stalking.
- Members shall not attempt to interfere with any other person's use of the Services.
- Members shall not misrepresent their identity or impersonate any person or entity.
- Members shall not use any portion of the California Runners website or the Services to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation.
- Members shall not use any portion of the California Runners website or the Services to post, upload, email, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
- Members shall not engage in any activity that is patently offensive or promote or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Members shall not use any portion of the California Runners website or the Services to post, share, promote, depict, encourage, solicit or exchange content harmful to minors.
- Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
- Members shall not post content that displays pornographic or sexually explicit material of any kind.
- Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
- Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
- Members shall not attempt to gain unauthorized access to California Runners’ database or other computer systems.
- Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by California Runners in connection with the California Runners website or the Services.
- Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the California Runners website.
- Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in paragraph #1 through #14 above.
- Members shall not use any portion of the California Runners website or the Services for any unlawful purpose.
- Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.
- Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
- Members shall not publicly post information that poses or creates a privacy or security risk to another person.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of California Runners and its designees. California Runners has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the California Runners Services. California Runners and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of California Runners. California Runners is not obligated to provide a Member with a warning prior to removal.
E) Document Retention Schedule
All personal information collected by California Runners in connection with your use of the California Runners website, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, ip addresses and other data, will be stored by California Runners indefinitely in a safe and secure manner.
F) Notice Regarding Commercial Email
MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM CALIFORNIA RUNNERS, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY CALIFORNIA RUNNERS FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
G) Member Account and Password
Once Member registers for California Runners, Member will have a password and an account with California Runners. Member is responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify California Runners of any unauthorized use of Member's account or any other breach of security known to Member.
California Runners may offer the Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Services that are accessible on or through the Mobile Applications. If you use the Services on a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. Although we provide our Services through the Mobile Websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.
I) Copyrights, Trademarks, Patents and Intellectual Property Rights
Member acknowledges that messages, files or other materials ("Content") contained on the California Runners website and within California Runners email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by California Runners and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use California Runners Content or third party Content only as expressly authorized by California Runners or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the California Runners Content or third party Content without expressly being authorized to do so by California Runners or the third party advertiser. Member may make a copy of the California Runners Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although California Runners does not claim ownership of content that its Member's may provide to California Runners, by providing content to California Runners, Members automatically grant, and represent and warrant that they have the right to grant, to California Runners a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicensable, license to use, copy, perform, display, and distribute said content.
California Runners respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify California Runners’ Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at:
California Runners Copyright Agent
PO Box 77452
San Francisco, CA 94107
Please provide our Agent with the following Notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on California Runners that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
California Runners’ Agent will forward this information to the alleged infringer. It is California Runners’ policy to terminate the accounts of repeat infringers.
You and California Runners agree that, except as otherwise specifically provided in this Agreement, you and California Runners shall seek to resolve any and all disputes between California Runners and you, respectively, including, without limitation, all claims, counter-claims and cross-claims (collectively, "Claims"), whether in law, equity or otherwise, solely through individual arbitration in accordance with the policies and procedures set forth in this Agreement. Such disputes shall include without limitation:
- disputes arising out of and/or otherwise relating to any Services and/or any content on the California Runners website;
- disputes arising out of and/or otherwise relating to any information, communications and/or other material that you and/or any other person and/or entity provide to and/or through the California Runners website;
- disputes arising out of and/or otherwise relating to any information and/or other material that is collected, stored and/or disseminated by, on behalf of and/or with the approval of California Runners;
- disputes arising out of and/or otherwise relating to any advertising and/or other communications by California Runners in connection with the California Runners website;
- disputes that are the subject of purported class action litigation in which you are not a member of a certified class;
- disputes that arose before you entered into this Agreement and/or any prior version of this Agreement;
- disputes that may arise after you terminate your registration with the California Runners website; and
- disputes arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
Notwithstanding the foregoing, and in lieu of arbitration, either you and/or California Runners may bring an individual action against the other in small claims court. Additionally, you and/or California Runners may bring any Claim against the other to the attention of a federal, state and/or local government entity, which may elect to seek relief against California Runners on your behalf, and/or against you on California Runners’ behalf.
You agree that you and California Runners hereby have voluntarily and intentionally waived any and all right to a trial by jury, and (except as otherwise specifically provided in this Agreement) any and all right to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute provision. This Dispute provision shall survive termination of this Agreement.
For a party hereto to initiate arbitration against the other party it must first send by certified mail to the other party a written Notice of Dispute ("Notice"). The Notice must identify and detail the nature of the party's Claim, the basis for that Claim, and the specific relief being sought for that Claim, including, without limitation, any Claim for injunctive relief. A Notice being sent to California Runners must be addressed to: Dispute Resolution Department, California Runners, Inc., 110 Pacific Ave Mall, Box #117, San Francisco, CA 94111 ("California Runners Notice Address"). A Notice being sent to you shall be sent to your e-mail address provided in your registration (collectively, "Member Notice Address"). You may also opt to receive a copy of any Notice via mail by sending a written request to the California Runners Notice Address including your name, postal address, Member Notice Address and California Runners Username.
After receipt of the Notice you and California Runners must attempt in good faith to resolve the dispute set forth in the Notice. If you and California Runners are not able to resolve the dispute within 30 days after the Notice is received, then you or California Runners may initiate an arbitration proceeding against the other by downloading and completing the "American Arbitration Association ("AAA") Consumer-Related-Disputes Form-California (For Use Only In California)" demand for arbitration form available at (http://www.adr.org/si.asp?id=6377) ("Demand"), and sending a copy of the Demand to the AAA, together with a copy of the California Runners Terms of Service and a check or money order payable to the AAA in the amount of the appropriate filing fee, and sending a copy of the Demand to the other party. The copy of the Demand being sent to the AAA must be addressed as stated on the Demand. A copy of the Demand being sent to California Runners must be addressed to the California Runners Notice Address. A copy of the Demand being sent to you shall be addressed to the Member Notice Address.
Please note AAA does not provide California Runners customer support and is only able to provide information regarding initiating an arbitration proceeding against California Runners. All concerns regarding your account should be addressed to California Runners by submitting an email to email@example.com. California Runners will try to resolve your concern.
If there is a dispute between participants on this site, or any third party, California Runners is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases California Runners and its directors, officers, employees, agents, independent contractors, representatives, parents, subsidiaries, affiliates, successors, assigns and licensees from all claims, actions, losses, liabilities, judgments, damages, costs and expenses of every kind or nature (regardless of whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed), arising out of or in any way related to such disputes and/or any the Services. If Member is a California resident, Member hereby waives California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
Either party may terminate use of the California Runners website or the Services with or without cause at any time and effective immediately upon written notice to the other party. California Runners may terminate with or without cause at any time and effective immediately, at California Runners’ sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. California Runners shall not be liable to Member or any third party for termination of use of California Runners or the Services. Member's right to use California Runners or the Services shall cease immediately. Member shall have no right and California Runners will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-K shall survive termination of the Agreement.
L) DISCLAIMERS OF WARRANTIES
MEMBER AGREES THAT USE OF THE CALIFORNIA RUNNERS WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE CALIFORNIA RUNNERS WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CALIFORNIA RUNNERS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CALIFORNIA RUNNERS WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, CALIFORNIA RUNNERS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CALIFORNIA RUNNERS WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE CALIFORNIA RUNNERS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CALIFORNIA RUNNERS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CALIFORNIA RUNNERS WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
M) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CALIFORNIA RUNNERS BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE CALIFORNIA RUNNERS WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CALIFORNIA RUNNERS WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE CALIFORNIA RUNNERS WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CALIFORNIA RUNNERS WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CALIFORNIA RUNNERS WEBSITE OR THE SERVICES OR ANY LINKS ON THE CALIFORNIA RUNNERS WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CALIFORNIA RUNNERS WEBSITE OR THE SERVICES OR ANY LINKS ON THE CALIFORNIA RUNNERS WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Member agrees to indemnify and hold California Runners, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold California Runners harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.
O) Governing Law
The Agreement and the relationship between Member and California Runners shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and California Runners nevertheless agree that the court should endeavor to give effect to your and California Runners’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to California Runners, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. California Runners makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws.
The Agreement constitutes the entire agreement between Member and California Runners and governs your use of California Runners and the Services, superseding any prior agreements between Member and California Runners. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of California Runners to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail.
Contacting California Runners
Users with questions about this Terms of Service and any of the aforementioned statements may contact
PO Box 77452
San Francisco, CA 94107