Terms & Conditions
Last Updated: 4/1/2020
Please read these Terms and Conditions carefully before using rochesterrunningclub.org. These Terms apply to all visitors, users, and others who access or use our website. By accessing or using this website you agree to be bound by these Terms. If for some reason you disagree with any part of these Terms then you may not use our website.
DISCLAIMER
All of the content on this website is only for informational purposes. We will not be liable for any errors (or omissions) of the information on this website. We make no representations as to the accuracy or completeness of the information on my website. In addition, we are not liable for any losses, injuries, or damages from the display or use of the information on this website. By using our website, you acknowledge that you assume any such risks.
THIRD PARTY WEBSITES
Rochester Running Club (RRC) has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. Therefore, by using this website you acknowledge and agree that RRC is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any such web sites or services. As a user of the RRC website, you are responsible for reading the Terms and Conditions and Privacy Policies on all third party sites.
INTELLECTUAL PROPERTY
RRC website, logo, visuals, and other intellectual property or content that we have created is property of RRC and is protected by copyright laws. RRC reserves all of its rights. Nothing in the Terms and Conditions grants you a right or license to use any content owned by RRC or a third party unless expressly stated by us.
LICENSE TO USE CONTENT
Any information, images, or content (written, spoken, or created) input to our social media pages, our website, or via any documents, surveys, or related website material can be used by RRC. We reserve the right to use any information they provide in future for any purpose (e..g, website, products, email campaigns, marketing). Please know that when you comment, respond, or submit any information that it can be used freely by RRC, and that we will not be held accountable for anything you post and we use that you see as having a negative impact on you.
TERMINATION & CONTENT REMOVAL
Your accounts on, and/or access and input to, our website can be terminated in case of abuses at our sole discretion. We may terminate or suspend access to my website immediately, without prior notice or liability, for any reason whatsoever. In addition, we may remove any content on our website including, but not limited to, comments left on our website by users. We generally encourage people to comment on our website blog posts, but we have no obligation to display or keep all comments made. In addition, we reserve the right to refuse service to users including, but not limited to, participation in our events.
GIVEAWAYS & SCHOLARSHIPS
In order to qualify in RRC giveaways and scholarships, participants must be 18 years or older and live within the Continental United States. No entry fee or purchase is necessary to enter this giveaway. We will randomly select a winner from the pool of entries and notify the winner via writing within 20 days of the end of the giveaway. If the winner does not claim the prize within 48 hours of notification, RRC reserves the right to withdraw the prize and select a replacement winner. The winner agrees to the use of his or her name and picture to be used to announce them as the winner. We are not held responsible for losses, injuries, or damages done to giveaway winnings before, during, and after the shipping process. RRC is the promoter and sponsor of giveaways. Giveaways are in no way sponsored, endorsed, or administered by, or associated with, any third party or social media platform. By participating in this giveaway you agree to a complete release of third parties and social media platforms from any obligations with regards to giveaways. RRC reserves the right to cancel or alter the giveaway in any way and at any time without notice. The law of the United States will govern these terms and conditions, and any disputes will be subject solely to the jurisdiction of the courts of the United States. By entering any giveaway, you are agreeing to the acceptance of these terms and conditions and agree to be bound by them.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our service/products and supersede and replace any prior agreements we might have between us regarding the service.
GENERAL LEGAL DISCLAIMER
Any information we provide on and through our website, products, email, social media etc. is not medical advice, marriage counseling, or financial counseling. This is for information purposes only. If you have a medical condition, marital/relationship problem, or financial problem, please consult with an appropriate professional for advice, consulting, or services.
ALTERNATIVE DISPUTE RESOLUTION
Any dispute, claim or controversy arising out of or relating to this Agreement (terms & conditions page), or any aspect relating to RRC or our website, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Rochester, MN before one arbitrator. The arbitration shall be administered by the governing body in Rochester, MN pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the terms & conditions may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a time and place decided by RRC.
Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.
All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 2 of the Alternative Dispute Resolution section above.
All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in Paragraphs 1 and 2 above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Minnesota, exclusive of conflict or choice of law rules.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
In the event of legal action arising out of or related to this Agreement, the arbitrator(s) shall award RRC the costs and attorneys’ fees reasonably incurred in connection with the arbitration.
CONTACT INFORMATION.
We welcome your comments or questions about this terms & conditions page. You may also contact us using the “About” page on this site or via our email address: rochestertrackclub@gmail.com.
CHANGES TO THESE TERMS & CONDITIONS.
We may occasionally change and update this terms & conditions page to reflect company and customer feedback. If we make any changes, we will change the Last Updated date above. These terms and conditions of use are subject to change at anytime (and without notice) at our sole discretion, so please refer back to this document on a routine basis. By continuing to access or use RRC website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our website.
SITE PRIVACY POLICY
By using our Site, you consent to our Privacy Policy available in the footer of our site.
Thank you!
Date of last revision: 4/1/2020