Terms of Service
Last Revised: March 21, 2019
Welcome to Neurun! Neurun provides a Service through which individuals can view interactive tours of athletic events in order to mentally prepare prior to participating in events, and interact with other individuals preparing for events, among other features. We provide our service through a website and mobile application (the “Service”). The following Terms of Service (“Terms,” “Terms of Service,” or “Agreement”) apply when you access or use the Neurun website located at http://www.neurun.com/ (the “Site”, part of the Service) or access or use the Neurun mobile application (the “App”, part of the Service), or in any way use or access any other components of the Service, if any and when available.
To make these Terms easier to read, we will refer to Neurun, Inc. (including our directors, officers, members, managers, employees, service providers, affiliates, successors and assigns) as “our”, “we”, “us” or “Neurun”; and we will use “User” or “you” to refer to you, and/or any other individual who accesses, makes use of, and/or interacts with the Service, whether on the Site or App. Any use, promotion, and/or interaction with the Service by organizers and/or sponsors of events, in their capacity as organizer and/or sponsor of any such event (each a “Host”) shall be governed by separate agreements with each such Host (“Host Agreement”).
Eligibility to Use the Service & User Representations
The Service is intended for users who are at least 13 years old. You must be at least 13 years old to register for an account and to use the Service. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian review and agree to these Terms prior to you using the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements in these Terms.
The information provided on the Service is not intended for distribution to or use by any person or company in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. If you access the Service from other locations, you do so on your own initiative and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
By using the Service, you represent and warrant that: (1) you agree to comply with these Terms; (2) you are not a minor; or, if you are a minor, you are permitted by your parent or guardian to use the Service; (3) you will not access the Service through automated or nonhuman means, whether through a bot, script, or otherwise; (4) you will not use the Service for any illegal or unauthorized purpose; and (5) your use of the Service will not violate any applicable law or regulation.
Creating an Account
Safeguarding Your Account
It is your responsibility to protect your Account and to maintain the confidentiality of your username and password. You are responsible for all activity that occurs in relation to your Account. You agree to notify us immediately if you suspect or become aware of any unauthorized use or breach of your Account. You also agree not to allow any unauthorized person to access the Service using your Account. Neurun will not be liable for any loss that may occur as a result of someone else using your Account, username or password, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for your failure to safeguard your Account and personal information and/or promptly notify Neurun about unauthorized use or breach of your Account.
Your Right to Use the Service
Subject to these Terms of Service, we hereby grant you a limited, revocable, personal, non-sublicensable, non-transferable, and non-exclusive license to access and use the Service. Unless explicitly stated otherwise, any new features we provide that add to or enhance the current Service shall also constitute “Service” and shall be subject to these Terms.
You must use the Service in full compliance with all applicable laws and regulations with regard to your use of the Service, including all applicable traffic laws and official race rules.
Assumption of Risk
The interactive event and race courses made available to Users as part of the Service are meant to assist Users in preparing for an event; however, event courses, routes, conditions, environmental terrain, and various other factors are subject to change at any time, in whole or in part, due to factors beyond our control.
Users are advised that each interactive race course that may be accessible to you as part of the Service is a mere depiction of a given race course, and Neurun cannot guarantee complete accuracy or reliability of any race course depiction, or other information or content provided in connection with the Service. Accordingly, Neurun will not be responsible for the accuracy or reliability of the information or content depicted or provided in connection with the Service, or for the consequences (including any damages or loss) of any User’s reliance on any such information.
Users are strongly encouraged to always review and follow all official race rules, and to comply with all signs, cones, markers, other landmarks provided by the race organizers to direct runners and spectators.
Neurun shall have no liability for interruptions or omissions in Internet, network or hosting services. Neurun shall have no liability for any changes or alterations made to any event course, or for any detours, obstructions, or other changes in conditions impacting any event, event course, or any User’s participation in any event, whether or not such conditions are reflected in the event information made available through the Service, regardless of the cause or reason for any such changes, alterations, detours, obstructions, or conditions. You assume the sole and complete risk of using the Service.
THE SERVICE DOES NOT PROVIDE PROFESSIONAL OR MEDICAL ADVICE. THE SERVICE OFFERS INFORMATION PERTAINING TO ATHLETIC EVENTS, AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE OR REPLACEMENT FOR ANY PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ARE ADVISED TO SEEK ASSISTANCE FROM A PHYSICIAN OR HEALTH-CARE PROFESSIONAL BEFORE BEGINNING ANY FITNESS PROGRAM AND/OR IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH. THE USE OF ANY INFORMATION OR CONTENT PROVIDED IN CONNECTION WITH THE SERVICE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE SITE OR APPLICATION, OR OTHERWISE PROVIDED THROUGH THE SERVICE ARE INTENDED TO BE THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. NEURUN MAKES NO WARRANTY OF ANY KIND AS TO THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS OF THE SERVICE OR USE OF THE SERVICE FOR ANY PURPOSE.
Neurun does not currently charge Users for accessing and using the Service. However, Users may be required or given the option to purchase or pay a fee to access certain components of the Service in the future. We will notify Users prior charging fees for any part of the Service. If you are a Host, the Host Agreement for a given event will set forth and govern the pricing and billing terms, as well as all other terms and conditions applicable to Hosts.
We may now, or in the future, integrate with other third-party services in order to improve the Service. Any User who uses any other third-party service, program, or application in connection with the Service, may be subject to fees charged by the third party service, program, or application. We do not set or collect fees charged by any third-party service, program, or application that may be integrated or used in connection with the Service, and we shall not be responsible for any claims, expenses, or otherwise associated with fees charged by any such third party service, program, or application.
We Do Not Guarantee Access to the Service at Any Given Time
We reserve the right to withdraw or amend the Service, and any feature or material we provide as part of the Service, in our sole discretion and without notice. In addition, the Service may automatically download and install upgrades and updates. We will not be liable if all or any part of the Service is unavailable for any reason at any time.
We Reserve the Right to Restrict Access to the Service
We reserve the right to refuse or restrict the use of or access to the Service to anyone for any reason at any time. Neurun, in its sole discretion, may terminate your right to use the Service with or without cause at any time, and may prevent your future use of the Service. You may terminate this Agreement by simply discontinuing use of the Service. In the event of any termination of this Agreement, Neurun may restrict your access to the Service and any content or material that you may have used in connection with the Service. The restriction of your use of the Service shall survive such termination, and you agree to be bound by those terms. Neurun reserves all rights that are not expressly granted to you under these Terms.
Our Intellectual Property
Unless otherwise indicated, the Service is proprietary to and owned by us, and all technology, source code, databases, functionality, software, website designs, audio, video, text, photographs, data, informational materials, and graphics on the Site or App, and all corresponding trade names, trademarks, service marks, and logos (collectively, the “Neurun Content”) are owned or controlled by us or licensed to us. All Neurun Content is protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. All Neurun Content is provided “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site or App, and no Neurun Content, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you under these Terms in and to the Site, App, and the Neurun Content.
Links to Third-Party Sites or Content
Mobile Application License
If you access the Service via the App, then we grant you a revocable, nonexclusive, non transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on your devices strictly in accordance with the terms and conditions these Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or Users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any Content, proprietary information, or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Service: (1) the license granted to you for our App is limited to a nontransferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable thirdparty terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are thirdparty beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a thirdparty beneficiary.
Our Rights to Monitor and Manage the Service
We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your Account, any information contained in your Account, or portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
In addition to complying with other provisions of these Terms, you agree that you will not:
Use the Service for any unlawful purpose or for the promotion of illegal activities;
Use the Service or any information obtained through the Service to harass, abuse, exploit, or harm another person or group, or to attempt any of the foregoing;
Provide others with access to or use of your Account, or use an Account without permission;
Use the Service in any manner which may infringe upon, misappropriate, or otherwise violate the intellectual property rights or other rights of Neurun or any third party, including but not limited to, trademark, copyright, and/or other privacy rights;
Use the Service to create, publish, copy, share, or distribute any information, whether in whole or in part, which may be libelous, defamatory, discriminatory or otherwise harmful to any third party;
Use the Service to defraud or mislead us or any other Users, such as in an attempt to learn protected account information or other sensitive information;
Use any other User’s account and/or obtain sensitive account information of other Users;
Provide false or inaccurate information when registering for an Account;
Interfere or attempt to interfere with the proper functioning of the Service;
Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Make any automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on the Service;
Make any unauthorized use of the Service, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited messages, or creating user accounts by automated means or under false pretenses;
Copy, adapt, modify, create derivative works of, distribute, sell, or lease any part of the Service, Neurun Content, or any other materials or information we provide as part of the Service;
Delete the copyright or other proprietary rights notice from any Neurun Content or Third Party Materials
Decipher, decompile, disassemble, reverse engineer, or attempt to extract the source code of any of the software or other technologies comprising or in any way making up a part of the Service or Neurun Content;
Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Neurun Content for any revenuegenerating endeavor or commercial enterprise;
Use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
Circumvent, bypass, disable, or otherwise interfere with securityrelated features of the Service, including features that prevent or restrict the use or copying of any Neurun Content or enforce limitations on the use of the Service and/or the Neurun Content;
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that makes automated use of the Service or interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or App; or
Use the Service in a manner inconsistent with any applicable laws or regulations.
Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at firstname.lastname@example.org.
You may use the Service to interact with other Users. That means you may chat, contribute to, or participate in discussions, blogs, message boards, online forums, and other interactive features, and you may have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us, to other Particiapnts, or on the Site or App generally, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personally identifiable information or other material (collectively, "Contributions").
Contributions will be viewable by other Users of the Service. As such, any Contributions you post or transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contribution, you represent and warrant that:
The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of your Contribution, or you have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other Users to use your Contribution in any manner contemplated by the Service and these Terms.
Your Contribution is not false or misleading.
Your Contribution is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contribution does not ridicule, mock, disparage, intimidate, abuse, or encourage or threaten physical harm against another.
Your Contribution does not violate any applicable law, regulation, or rule.
Your Contribution does not violate the privacy or publicity rights of any third party.
Your Contribution does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contribution does not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms.
Any use of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Service. You acknowledge and agree that we will not be responsible for any claims, liabilities, or damages arising from the actual or alleged infringement or violation of intellectual property rights, laws, or regulations by any User in connection with the Service or in connection with any User’s Contributions.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Site or App. You are solely responsible for your Contributions, and you expressly agree to hold us harmless from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
By posting any Contributions to any part of the Site or App, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We have the right, but not the obligation, in our sole and absolute discretion, (1) to monitor any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site or App; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.
We respect the intellectual property rights of others. If you believe that any material or content available on or through the Service infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. If you are the copyright owner or an agent thereof and believe, in good faith, that the Service or any portion of the Service, or any content or materials currently being used in connection with the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Neurun’s designated copyright agent at email@example.com.
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit Neurun to contact you, such as an address, telephone number, and/or email address;
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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Modification of the Service and Terms of Service
We cannot guarantee the Service will be available at all times. We may encounter unexpected technical problems or need to conduct maintenance related to the Service, which may result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection with the Service.
We reserve the right to change, modify, revise, update, suspend, discontinue, or remove the Neurun Content, Third-Party Content, Contributions, and any features or portions of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information or features available in connection with the Service. Please be advised that any content or information contained on the Service may not necessarily be complete or up-to-date. Any of the materials provided in connection with the Service may be out of date at any given time, and we are under no obligation to update such materials. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
We may revise and update these Terms from time to time in our sole discretion. All changes become effectively immediately when we post them. It is your responsibility to check the Site and App from time to time so you are aware of any changes. If you continue to use the Service after we post revised Terms, you signify your agreement to such revised Terms. However, we will notify you of material changes to the Terms by posting a notice on the Site and App and sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT THIS PROVISION AFFECTS YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA Rules or applicable law, the arbitration will take place in Massachusetts. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Massachusetts, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a classaction 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.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
THE SERVICE IS PROVIDED ON AN ASIS AND ASAVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, MATERIALS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS OR ANY OTHER CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRDPARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; SO, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
If you have a dispute with one or more Users, a race organizer, or a vendor or administrator of any Third-Party Content, product, or service that you access or use in connection with the Service, you hereby release Neurun from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. To the extent that the state in which you reside does not permit the exclusion or limitation of liability for incidental or consequential damages, the above disclaimer of warranty and limitation of liability may not apply to you.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Content and/or use of the Service; (2) breach of these Terms ; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) violation of your rights by a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other User with whom you connected via the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Electronic Communications, Transactions, and Signatures
Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 9525210 or (916) 4451254.
These Terms and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: firstname.lastname@example.org