Terms of Use

Last Revised: December 8, 2014

Welcome to www.nyrr.org, the official website of New York Road Runners, Inc. We may refer to ourselves on this page as: “New York Road Runners,” “NYRR,” “We,” “Our,” or “Us.” We refer to you as “You” or “Your.”

Please read these Terms of Use (“Policy”) carefully before using http://www.nyrr.org/ (the “Website”) and any of New York Road Runners’ other registered domains; mobile apps; or social networking pages, profiles, or feeds (collectively, the “Site”). Your access to and use of the Site is subject to these Terms of Use, our Privacy Policy, www.nyrr.org/privacy-policy, and all applicable laws. This Policy describes the terms of use governing this Site. This Policy sets out Your obligations and Ours with respect to Your use of the Site, and, by using the Site, You agree to abide by the terms of this Policy. Any breach of this Policy immediately terminates Your rights with respect to this Site.

This Policy shall supersede and replace all previous versions thereof. NYRR reserves the right to change the information, features, products, policies, promotions, disclosures, and disclaimers of this Site at any time. Changes to this Policy will be posted on the Site as they occur. You can tell that the Policy has been updated by checking the last revised date posted on the top of this page. Please check this Policy periodically to determine if any changes were made to it since You last visited the Site. Your continued use of the Site following the posting of changes to this Policy means that You have accepted and agreed to such changes.

BY VISITING THE SITE, YOU ACCEPT THE PRACTICES DESCRIBED IN THIS POLICY, UNLESS YOU ARE A CHILD UNDER THE AGE OF 13, IN WHICH CASE YOUR PARENTS ACCEPT THIS POLICY FOR THEMSELVES AND ON YOUR BEHALF. BY USING THIS WEBSITE, YOU CONSENT TO USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT USE THIS WEBSITE.

You agree that when you click on “I agree” or another similarly worded “button” or entry field with Your mouse, keystroke, or other computer device, if any, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature. The terms of this Policy also apply to information, data, responses, tracking data, and personally identifiable information that was gathered prior to the date of this Policy (“Prior Data”). We reserve the right to use such Prior Data, unless You opt-out of such usage by emailing sitefeedback@nyrr.org.

  1. Content

This site is owned by NYRR. Unless otherwise indicated, all materials and content contained on the Site or provided through the Site (including any form of media on or through which any portion of the Site is provided to You), including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, material, software, and the selection and arrangement thereof (“Content”), are the copyrighted property of NYRR, its affiliated entities and/or third parties. All elements of the Site, including Content, are protected by copyright, trade dress, moral rights, trademark, and other laws relating to the protection of intellectual property.

No Content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that You may download into your local web browser’s cache one copy of the materials for Your personal, non-commercial use only, provided that: (i) You keep intact all copyright and other proprietary notices, (ii) You make no modifications to the Content, (iii) You do not use the Content in a manner that suggests any association with any of Our products, services, or brands or the products, services, or brands of any other person, and (iv) You do not download any of the Content to a database that can be used to avoid future access to the Site for access to such downloaded materials.

  1. Trademark

The Content, and all NYRR trademarks, service marks, brands, trade dress, logos, characters, and trade names, including, but not limited to, the marks “TCS New York City Marathon,” “New York City Marathon®,” “NYC Marathon,” “Where the World Comes to Run®,” “New York Road Runners,” “NYRR,” “Mighty Milers®,” “Young Runners®;” the TCS New York City Marathon logo design; as well as the domain names (registered and unregistered) associated with the foregoing, are proprietary to NYRR and are protected by United States and International Copyright law, trademark law, and other laws. Other than as permitted in Section 1, above, or as permitted by applicable law, You may not copy, reproduce, republish, upload, post, transmit, or distribute Content or information available on or through this Site in any way without prior, NYRR-written approval.

  1. Registration

 

A.    Registration Data:  If You opt to register for any portion of this Site (including, but not limited to, My NYRR), You agree to provide NYRR with accurate, complete, and updated information to Your account (“Account”). Failure to do so will constitute a breach of this Policy, which, in NYRR’s sole discretion, may result in the immediate termination of Your rights to use the Account. You acknowledge and agree that NYRR may rely on the contact information in Your Account to send You important information and notices regarding Your Account and the Site. You acknowledge and agree that NYRR shall have no liability associated with or arising from Your failure to maintain accurate information in Your Account, including, but not limited to, Your failure to receive critical information about the Site or Your Account. You further agree that NYRR is authorized to verify any information in Your Account.

B.     Username and Password:  Any user (“User”) that opts to create an Account on the Site and becomes a member (“Member”) shall select a password and user name (“User Name”) in order to establish an Account. You may not: (i) select or use a User Name of another person with the intent to impersonate that person, (ii) use a User Name subject to the rights of any other person without authorization, or (iii) use a User Name that NYRR, in Our sole discretion, deems inappropriate or offensive. You authorize NYRR to process any and all Account transactions initiated through the use of Your User Name and password. You are solely responsible for maintaining the confidentiality of Your User Name and password and must immediately notify NYRR of any unauthorized use of Your User Name and password. You acknowledge and agree that You are responsible for any unauthorized activities, charges, and/or liabilities made through the use of Your User Name and password. In no event will NYRR be liable for the unauthorized use or misuse of Your User Name and/or password.  NYRR reserves the right to change User Names if the need should arise. You will be informed if NYRR makes such a change. NYRR collects and uses your User Name, password, and other information associated with Your Account in accordance with the Privacy Policy of the Site, detailed at <<link>>.

C.     A User may also register a profile on the Site to establish a group account with sub-accounts for such User’s students, family members, team members, or other people associated with such User. In this case, the primary User shall be considered the Member for the purposes of this Policy and shall be responsible for the sub-accounts such User establishes, and the term “Account,” as it is used herein, shall refer to both the primary User Account as well as any sub-Accounts.

D.    This Site may provide You with access to some products and services without You having to register as a User. In each such case Your identification is based on means of identification that the NYRR deems appropriate.

 

  1. Electronic Communications

When You use NYRR, or send emails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by email or by posting notices, disclosures, and other communications. Any communication that We provide to You electronically satisfies any legal requirement that such communication be in writing.

  1. Membership Requirements

A.  Fees and Payment; Renewal; Cancellation:  If You opt to be a Member, You agree to pay all charges relating to your Account, including applicable taxes, in accordance with any billing terms that may apply to a particular transaction. You must provide NYRR with valid credit card information throughout the time that the Account is open. We will charge the Member’s credit card either after the trial period expires, or on the date the Member subscribes to the Site if no trial period is offered. Thereafter, We will automatically renew and charge the Member’s Account. Your Account may be suspended for non-payment, and You may be responsible for any and all bank or service charges incurred in connection with payment of charges to Your Account, and for any costs of collection including reasonable attorneys’ fees.

B.  Notice:  As the Member, You must provide Us with Your correct and valid email address, and You further agree to update Us of any changes in Your email address or other Account information. We may give a notice to a Member by means of a general notice on the Site, by email to the Member’s email address on record in the Account information provided by the Member, or by written communication sent by mail to the Member’s address on record in such Account information. You may give notice to Us by electronic mail at the following email address, sitefeedback@nyrr.org.  All notices will be deemed given when delivered or, in the case of notices posted on the Site, as of the time of first use of the Account following such posting.

  1. Postings and Other On-Site Communications

“Common Area” means a chat room, message board, personalized page, photo log or photo page, or other similar function which may be offered as part of the Site. If You participate in any Common Area within the Site, You must not, and the Member is responsible for ensuring that no one using the Account shall: defame, abuse, harass, or threaten others; make any bigoted, hateful, or racially offensive statements (as determined at  NYRR’s sole discretion); restrict or inhibit any other User from using and enjoying the Site; advocate illegal activity or discuss illegal activities with the intent to commit them; post or distribute any material that infringes and/or violates any right of a third party (including, without limitation, any intellectual property right) or any law; post or distribute any vulgar, obscene, discourteous, or indecent language or images (as determined at NYRR’s sole discretion); advertise, sell to, or solicit to others; use the Common Area for commercial purposes of any kind; post or distribute any software or other materials which contain a virus or other harmful component; or post material or make statements that do not generally pertain to the designated topic or theme of the respective Common Area. NYRR reserves the right to review, remove, or edit content from any Common Area at any time and for any reason. NYRR shall have the sole discretion to terminate Your access to the Site if a violation is found. Please be advised that NYRR will fully cooperate with any law enforcement authorities or court order requesting or directing NYRR to disclose personal information of anyone who submits a message (“Message”) that violates the foregoing terms in accordance with the Privacy Policy <<link>> of the Site. Although NYRR may from time to time monitor or review Messages submitted in the Common Area, NYRR is under no obligation to do so and assumes no responsibility or liability arising from the contents of any Message, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message on the Site does not constitute approval of or endorsement by the NYRR. Uploaded materials to any Common Area and/or submissions of any materials to NYRR, are, and will be treated as, non-confidential and non-proprietary. By uploading materials to NYRR You acknowledge that any information disclosed by You therein:  (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; and (iii) creates no confidential, fiduciary, contractually implied, or other relationship between You and Us other than pursuant to this Policy. NYRR reserves the right to disclose the identity of any User posting or uploading materials to a Common Area.

  1. Submissions

A.  Rights of Use:  By transmitting any Message or submitting creative ideas, concepts, know-how, techniques, suggestions, picture postings, postings to chat areas, boards, opinions, votes, or materials, or any other form submission (collectively “Submissions”), you are automatically granting NYRR a perpetual, royalty-free, non-exclusive, unrestricted, worldwide, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, or display such Messages and Submissions, in whole or in part, in any form, media, or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of the NYRR. This means that anything submitted by you to the Site may be used by NYRR for any purpose, now or in the future, without any payment to, or further authorization by, You. NYRR also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.

B.  Solicited Submissions:  At times, NYRR may solicit Submissions from visitors to the Site including, but not limited to, information, ideas, artwork, or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where We solicit the Submission. Your provision of information in response to such solicitation is a grant by You to NYRR of the Rights described above.

C.  Unsolicited Submissions:  We value Your feedback on the Site. However, when submitting unsolicited Submissions to Us, We cannot assure the protection of any proprietary rights You may assert in any such Submission. As such, We ask that You not send Us any unsolicited Submissions. NYRR assumes no responsibility for reviewing such unsolicited Submissions and We will not incur any liability as a result of any similarities between Your Submissions, solicited or unsolicited, and future NYRR products or programs. 

  1. Links and Linkage Restrictions

The following restrictions apply to all links to the Site from any on-line, cable, wireless, or other wired, service or browser:

A.  On-line, cable, wireless, or other sites, services, or browsers created by, licensed by, or substantially associated with any entity that regularly promotes any product, brand, or a “Commercial Site” may not link to the Site without the written permission of NYRR, even if the page/area where the link originates does not promote a product, brand, or service.

B.  Sites, services, or browsers other than Commercial Sites (for example, fan sites, chamber of commerce sites, search engines, widely available Internet browsers) (“Permissible Sites”) may link to the Site without written permission of NYRR if such link is: (i) a “word” (as opposed to a “logo”) link; and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.

C.  The Site logos or any other logo of NYRR or its affiliates (a “logo” link) may not be used to link to the Site without the written permission of NYRR.

D.  No link to the Site may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising, or other commercial text or graphics.

E.  All links to the Site from a Permissible Site must be to the Site’s home. Links to internal pages within the Site are not permitted without prior written consent of NYRR.

F.  The positing or creation of any link to the Site signifies that You have read these Linkage Restrictions and agree to abide by their terms.

NYRR may provide links to other websites. However, We are not responsible for the information collection, use, and disclosure practices of those other websites, and We advise You to check the privacy policies of each such other website before using it, to understand how Your personal information will be handled on each such other website. Our Policy does not apply to any of the other websites to which Our Site links.

  1. NYRR Store

A.  The NYRR Store on the www.nyrr.org Site (the “Store”) allows You to order products (the “Merchandise”) supplied and managed by an independent merchandise vendor, See Merchandising, LLC. By placing an order in the Store, You acknowledge that See Merchandising, LLC is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. See Merchandising, LLC can be reached by using the contact information provided below.

B.  By placing an order on the Store, You agree to pay See Merchandising, LLC all amounts accrued in Your Account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by NYRR, See Merchandising, LLC, or Your credit card issuer. See Merchandising, LLC may bill Your credit card at the time Merchandise is ordered. See Merchandising, LLC may, at its sole discretion, decline services to or terminate Your Site Account without notice.

C.  NYRR reserves the right, at its sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.

D.  You may have the option to personalize certain Merchandise ordered on the Store. NYRR reserves the right, at its sole discretion, without prior notice, to refuse to fulfill any order for Merchandise containing personalized content which the NYRR deems to be illegal, offensive, or inappropriate.

E.  Questions relating to the Store, Merchandise, and its fulfillment should be directed to Customer Service at See Merchandising, LLC, 43-01 22nd St. 3rd Floor, Long Island City, NY 11101 either by: (i) email to info@seemerch.com  or (ii) telephone at (212) 367-5500. You may also refer to the “Questions?” section of the Store for more information.

  1. Race Statistics

NYRR may make available on this Site statistics, including statistics generated and/or calculated by NYRR using proprietary calculations and analyses, relating to or arising out of the performance of runners during or in connection with a NYRR race (“NYRR Statistics”). If You use such NYRR Statistics, You agree that: (i) any use, display, or publication of the NYRR Statistics shall include a prominent attribution to the Site in connection with such use, display, or publication; (2) the NYRR Statistics may only be used, displayed, or published for legitimate news reporting or private, non-commercial purposes; (3) the NYRR Statistics may not be used in connection with any sponsorship or commercial identification; (4) the NYRR Statistics may not be used or referred to in connection with any gambling activity (including legal gambling activity); (5) the NYRR Statistics may not be used in connection with any commercial product or service; (6) the NYRR Statistics may not be used in connection with any product or service that presents a live, near-live, or other real-time or archived play-by-play account or depiction of any NYRR race; and (7) the NYRR Statistics may not be used in connection with any web site, product, or service that features a database (in any medium or format) of comprehensive, regularly updated statistics from any NYRR competition or event without the NYRR’s express prior written consent.

  1. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1988 (“DCMA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If You believe, in good faith, that materials hosted by NYRR infringe upon Your copyright, You (or Your agent) may request that material be removed, or access to it blocked. Requests, in this respect, should be sent to:

New York Road Runners, Inc.

Attention: General Counsel

156 West 56th Street, 3rd Floor

New York, NY 10019

 

To be effective, the notification must be a written communication that includes the following:

A.  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B.  Identification of the material that is claimed to be infringed upon or to be the subject of infringing activity and that You are seeking to have removed or access to which is to be disabled, and information reasonably sufficient to permit NYRR to locate the material;

C.  Information reasonably sufficient to permit NYRR to contact You, such as an address, telephone number, and if available, an email address at which You may be contacted;

D.  A statement that You have 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

E.  A statement that the information in the notification is accurate, and under penalty of perjury, that You are or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

  1. Representations, Warranties and Indemnification

You represent, warrant, and covenant that: (i) neither You nor any other person who uses Your Account will use Your Account to perform, suggest, or encourage any fraudulent, illegal, untruthful, or inappropriate activity, and (ii) that You and all other persons who use Your Account will fully comply with the terms of this Policy. You hereby agree to indemnify, defend, and hold New York Road Runners, its affiliated companies, and all of its and their officers, directors, employees, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees incurred by the Indemnified Parties in connection with any claim or cause of action arising out of the use of Your Account and/or any breach by You, any Member, or any other user of Your Account, of any of the above representations, warranties, and covenants or any other provision of this Policy. You will, and will cause all other persons who use Your Account to, cooperate with use in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter that may be subject to indemnification hereunder.

We make no representation, warranty, or endorsement as to the accuracy or reliability of any statement, advice, opinion, content, materials, or information contained in, and/or displayed, uploaded, or distributed by or through the Site. You acknowledge that any reliance upon any such information will be at Your sole risk. We will have the right, in our sole discretion, to enforce this Policy, or correct any errors or omissions in any portion of the Site, but We have no obligation or duty whatsoever to do so, including any obligation to monitor the Site for such errors or omissions or for violations of this Policy.

  1. Disclaimer

THE MATERIALS ON THE SITE (EXPRESSLY INCLUDING ANY FORM OF MEDIA ON OR THROUGH WHICH ANY PORTION OF THE SITE IS PROVIDED TO YOU) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THE ABSENSE OF INACCURACIES IN INFORMATIONAL CONTENT. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WE) ASSUME THE ENTIRE RESPONSIBIITY AND COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN CONNECTION WITH YOUR USE OF THE SITE.

  1. Disputes

A. Limitation of Liability.

NEW YORK ROAD RUNNERS AND ITS AFFILIATES, OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND SERVICES OR RESULTING FROM ANY INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGE FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF DUE TO OUR NEGLIGENCE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. If You are dissatisfied with any portion of the Site, or with any of these terms of use, Your sole and exclusive remedy is to discontinue using the Site.

B. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.

All claims and disputes in connection with the Policy or the use of any product or service provided by NYRR that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that You and NYRR are not required to arbitrate any dispute in which either You or NYRR seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to You and NYRR, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Policy.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, You and NYRR shall jointly select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Policy (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at (800) 778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

The arbitrator will decide the rights and liabilities, if any, of You and NYRR, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and NYRR.

C. Waiver of Jury Trial.

YOU AND NYRR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between You and NYRR in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NYRR WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

D. Waiver of Class or Consolidated Actions.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE VISITOR OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER VISITOR OR USER. Notwithstanding any other provision in this Policy, in the event that this subparagraph is deemed invalid or unenforceable, neither You nor We are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in New York County, New York.

E.     Confidentiality.

No part of the procedures of resolution of any claim in any manner shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of You and NYRR, pursuant to court order or unless required by law. Notwithstanding the foregoing, neither You nor NYRR shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

F.      Small Claims Court.

Notwithstanding the foregoing, either You or NYRR may bring an individual action in small claims court.

G.    Courts.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in New York County, New York, for such purpose.

H.    Survival.

This Arbitration Agreement will survive the termination of Your relationship with NYRR.

  1. Termination of Services

NYRR may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site features and services, or restrict Your access to parts or the entire Site, without notice or liability at any time in NYRR’s exclusive discretion, without prejudice to any legal or equitable remedies available to NYRR, for any reason or purpose, including, but not limited to, conduct that NYRR believes violates this Policy or other policies or guidelines posted on the Site, or conduct which NYRR believes is harmful to other Users, to NYRR’s business, or to other information providers. Upon any termination of this Policy, You shall immediately discontinue Your use and access of the Site and destroy all materials obtained from it. 

  1. Site Directed at United States Visitors

The Site is targeted at and intended for Users residing in the United States. Given the global nature of the Internet, the Site may be accessed by Users residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Users who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access. If You are located outside of the United States, any information You provide will be transferred to the United States. By accessing our Site and by submitting Your information, You consent to its transfer and storage in the United States and its use as provided for herein.

  1. Transfer of Information to Third Parties Upon a Sale or Change of Control

We retain the right to transfer or assign all information contained on the Site pursuant to a merger, consolidation, or other transaction relating to New York Road Runners if the assignee or acquirer agrees to abide by the terms of this Policy.

  1. Other Communications

From time to time, we may email Site Users information regarding important developments affecting New York Road Runners. We may also email Site Users on occasion regarding the Site. Such emails may be sent to Site Users even if they have not requested to receive any communication from Us.

  1. Our Administration of the Site

We may impose limits on certain features, or restrict Your access to parts or all of the Site, without any notice or liability of any kind. We reserve the right to change prospectively the amount of, or basis for determining, any fees or charges for the Site, and to institute new fees or charges for access to portions of the Site effective upon prior notice to Members by posting such changes on the Site or by sending emails to Members. You hereby agree to pay all charges to Your Account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.

  1. General Provisions

A.  No Waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

B.  You may not modify this Policy. If any provision of this Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remainder of the provisions contained herein and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between Us and You relating to the subject matter herein, superseding all prior oral or written agreements, and shall not be modified except as provided for herein.

C.  If any provision of this Policy shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions.

D. This Policy shall be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Policy shall be filed only in the state or federal courts located in the County and State of New York, and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any action and waive any claim that such courts are an inconvenient forum for such actions.

D.  If there is a conflict between this Policy and a subsequent additional Policy, the subsequent additional Policy will control for that conflict.

E.  This Policy controls the relationship between NYRR and You. It does not create any third party beneficiary rights.

F.  If You do not comply with this Policy, and We do not take immediate action, We are not waiving any rights that We may have, such as taking future action.

G.  If You are using this Site on behalf of a business, that business accepts these terms. It will hold harmless and indemnify NYRR and its affiliates, officers, and employees from any claim, suit, or action arising from or related to the use of this Site or violation of this Policy, including, but not limited to, any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

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2015 TCS NYC Marathon Training Gear

Training Gear

Official 2015 TCS NYC Marathon training collection now available.

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