Welcome to the LogYourRun
website.The logyourrun.com
website (collectively, “Web Site”) is owned and operated by
LogYourRun LLC (“LogYourRun”).LogYourRun has adopted these Terms and Conditions of Use/Privacy Policy
(“Terms & Conditions”) to make you aware of the terms and
conditions of your use of the Web Site.If you do not agree to these Terms & Conditions, please do not use
the Web Site.LogYourRun reserves the
right, at its discretion, to change, modify, add or remove portions of these
Terms & Conditions at any time by posting such changes to this page.Please check these Terms & Conditions
periodically for changes.Continued use
of the Web Site following the posting of changes to these terms will mean you
accept those changes.
GENERAL TERMS &
CONDITIONS AND RESTRICTIONS ON USE OF MATERIALS
By using this Web Site, you
agree to be legally bound and to abide by these Terms & Conditions, just as
if you had signed this agreement.If you
do not comply with these Terms & Conditions at any time, we reserve the
right to terminate your password, user account, and/or access to this Web Site
(or any part thereof).LogYourRun may
discontinue or alter any aspect of the Web Site, including, but not limited to,
(i) restricting the time the Web Site is available, (ii) restricting the amount
of use permitted, and (iii) restricting or terminating any user’s right to use
the Web Site, at LogYourRun’s sole discretion and without prior notice or
liability.You agree that any
termination of your access to the Web Site under any provision of these Terms
& Conditions may be effected without prior notice. Further, you agree that
LogYourRun shall not be liable to you or any third-party for any termination of
your access to the Web Site.
RESTRICTIONS ON USE OF MATERIALS
Unless otherwise specified,
we grant you a non-exclusive, non-transferable, limited right to access, use
and display this Web Site and the material provided hereon for your use,
provided that you comply fully with the provisions of these Terms &
Conditions. You acknowledge that this Web Site contains information, software,
photos, video, text, graphics, music, sounds, questions, creative suggestions,
messages, comments, feedback, ideas, notes, drawings, articles and other
materials (collectively, “Content”) that are protected by
copyrights, patents, trademarks, trade secrets and/or other proprietary rights,
and that these rights are valid and protected in all forms, media and
technologies existing now or hereafter developed.LogYourRun is a proprietary trademark
belonging to LogYourRun LLC. Our commercial partners, suppliers, advertisers,
sponsors, licensors, contractors and other third parties may also have
additional proprietary rights in the Content which they make available on this
Web Site. You may not modify, publish, transmit, distribute, perform,
participate in the transfer or sale, create derivative works of, or in any way
exploit, any of the Content, in whole or in part. When Content is downloaded to
your computer, you do not obtain any ownership interest in such Content.
Modification of the Content or use of the Content for any other purpose,
including, but not limited to, use of any Content on any other website or
networked computer environment is strictly prohibited unless you receive our
prior written consent.
SECURE TRANSACTIONS
Your security is a priority and we strive to provide
a safe and secure environment for our customers.However, please note that we cannot guarantee
that the information submitted to, maintained on, or transmitted from our
systems will be completely secure.
COPYRIGHT,
TRADEMARK AND INTELLECTUAL PROPERTY MATTERS
Unless otherwise
specifically noted, the Content and all other materials that appear as part of
this Web Site are copyrights, trademarks, trade dress and/or other intellectual
properties (“Intellectual Property Rights”) owned, controlled or
licensed by LogYourRun.All data
submitted to the LogYourRun database is the sole property of
LogYourRun. This includes but is not limited to: running log data,
route data, training program data, running blogs and message board posts.The Web Site as a whole is
protected by Intellectual Property Rights in and to which LogYourRun has
rights, titles, and interests. The Content of our Web Site, and the Web Site as
a whole, are intended solely for personal, noncommercial use by the users of
our Web Site.
FORUM, MESSAGE
BOARDS, BLOGS, AND EMAIL
You acknowledge that all
Content and all other information and materials posted, emailed, or otherwise
transmitted to or on this Web Site, including but not limited to member forum,
message boards, and member blogs, whether posted at our request or voluntarily,
and whether publicly posted or privately transmitted (collectively, the “Postings”),
are the sole responsibility of the person who made such Postings. This means
that you are entirely responsible for all Postings that you post, email or
otherwise transmit to this Web Site. We do not control the Postings posted, emailed
or otherwise transmitted on our Web Site by others and, as such, we do not
guarantee the accuracy, integrity or quality of such Postings.You understand that by using this Web Site,
you may be exposed to Postings that are offensive or objectionable. Under no
circumstances will we be liable in any way for any Postings (other than for
Content specifically developed by us), including, but not limited to, for any
errors or omissions in any Postings, or for any loss or damage of any kind
incurred as a result of the use of any Postings posted, emailed or otherwise
transmitted to or through this Web Site.
All Postings are public and
not private communications. We reserve the right to monitor some, all, or no
areas of this Web Site for any other purpose. You acknowledge that by providing
you with the ability to distribute Postings we are acting as a passive conduit
for such distribution and we are not undertaking any obligation or liability
relating to any Postings or activities in any forum. Although we reserve the
right to remove, without notice, any Posting for any reason, we have no
obligation to delete Postings that you may find objectionable or offensive.
Some of our members will
make their email addresses available if they wish to converse with other users
with similar interests and/or goals. If you use this information, you agree not
to transmit "spam" or other unwanted solicitations, or any material
that is harassing, threatening, racially offensive, obscene, abusive, harmful,
defamatory, invasive of another's privacy, infringing of another's intellectual
property rights, or illegal. LogYourRun is not responsible for the content of
email messages sent by its members or from a third party.
In using our message boards
or blogs you agree to follow our Community Guidelines, which includes the
following:
·Respect everyone’s opinions. Even though you might not agree with
someone, that does not mean they are wrong or deserve to be belittled. Remember
that what works for you may not work for everyone else. Give everyone the same
courtesy you would expect in return.
·No profanity or explicit content.
·No profile pictures that might be considered "inappropriate".
·No posts that could be interpreted as threatening or harassment.
·No advertising or product promotion is permitted.
·LogYourRun has the right to remove a Posting if it does not meet these
standards.
·You have the right to edit any of your Postings.
·If you have started a thread (such as a journal) that you want to
close, please post a message indicating "THREAD CLOSED". We do not
typically delete threads on request.
PRIVACY POLICY
LogYourRun may collect
personally identifiable information from you in a variety of ways.Personally identifiable information may
include (i) contact data (such as a customer’s name, mailing and e-mail
addresses); (ii) financial data (such as a customer’s credit card number); and
(iii) demographic data (such as a customer’s zip code, age and income).If you communicate with LogYourRun by e-mail,
post messages to forums or blogs, any information provided in such
communication may be collected by LogYourRun.The personally identifiable information LogYourRun collect from you is
used to improve the content of our Web Site and it may be shared with other
reputable organizations to help them contact consumers for marketing purposes.
If you do not want us to share your e-mail address with other companies or
organizations, please contact us in writing or over the phone.
LogYourRun may collect
information about how you use our Web Site, for example, by tracking the number
of unique views received by the pages of the Web Site, or the domains from
which you originate.We may use
“cookies” to track how you use our Web Site.A cookie is a piece of software that a Web server can store on your
computer and use to identify you should you visit the Web Site again.LogYourRun may also gather certain
information automatically and store it in log files. This information includes
internet protocol (IP) addresses, browser type, internet service provider
(ISP), referring/exit pages, operating system, date/time stamp, and clickstream
data.LogYourRun may use this
information, which does not identify individual users, to analyze trends; to
administer the site; to track user movements around the site; and to gather
demographic information about our user base as a whole. We do not link this
automatically-collected data to personally identifiable information. While not
all of the information that we collect from you is personally identifiable, it
may be associated with personally identifiable information that you provide us
through our Web Site.
In the event LogYourRun goes
through a business transition, such as a merger, acquisition by another
company, or sale of all or a portion of its assets, your personally
identifiable information will likely be among the assets transferred.
LogYourRun reserve the right
to disclose your personally identifiable information as required by law and
when we believe that disclosure is necessary to protect our rights and/or to
comply with a judicial proceeding, court order, or legal process served on
LogYourRun.
Sharing a route via email,
forum post, or other methods will reveal the starting location and running
history for that route.Routes are not
publicly listed, but are publicly accessible if you share the link URL. Use
caution when posting or sharing routes.
LINKS
The Web Site may provide, or third parties may
provide, links to other websites on the Internet or resources. Because
LogYourRun has no control over such sites and resources, you acknowledge and
agree that LogYourRun is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
accuracy, quality, reliability of any content, advertising, products, or other
materials on or available from such sites or resources.
USER
COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request or on your own, you send, email,
post or otherwise transmit to us or this Web Site stories about yourself or
your training progress, information, software, photos, video, text, graphics,
music, sounds, questions, creative suggestions, messages, comments, feedback,
ideas, notes, drawings, articles and other materials (collectively, the “Submissions”),
the Submissions shall be deemed, and shall remain, our property. Except as
otherwise provided in Terms & Conditions, none of the Submissions shall be
subject to any obligation of confidence on our part, and we shall not be liable
for any use or disclosure of any Submissions. Without limitation of the
foregoing, you grant us and our successors and assigns a royalty-free,
perpetual, irrevocable, worldwide non-exclusive right and license (as well as
consent) to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public, perform and
display any Submissions (in whole or in part and with or without the use of
your name) and/or to incorporate the Submissions in other works in any form,
media, or technology now known or later developed, for the full term of any
Intellectual Property Rights that may exist in such Submissions. You also
warrant that any third party holder of any Intellectual Property Rights in such
Submissions has validly and irrevocably granted to you the right to grant the
license stated above. You further acknowledge that we and our successors and
assigns shall be entitled to unrestricted use of the Submissions for any
purpose whatsoever, commercial or otherwise, without compensation to the provider
of the Submissions.
YOUR
PASSWORD AND USER ACCOUNT
If you are a registered user or subscriber of this
Web Site, you are entirely responsible for maintaining the confidentiality of
your password and user account information. You must notify us immediately in
the event of any known or suspected unauthorized use of your user account, or
any known or suspected breach of security, including loss, theft, or
unauthorized disclosure of your or anyone else’s password. You are entirely
responsible for any and all activities which occur under your user account. You
agree to immediately notify us of any unauthorized use of your user account or
any other breach of security known to you.
USER
REPRESENTATION AND WARRANTIES
By registering with the Web Site, you acknowledge
and warrant that you have received consent from your physician to participate
in the programs, workouts, and exercises to be provided by LogYourRun.
LogYourRun recommends that you consult with your
physician before following any training instructions you receive through the
Web Site or participating in any event announced on the Web Site. LogYourRun is
not a licensed medical care provider and has no expertise in diagnosing,
examining, or treating medical conditions of any kind, or in determining the
effect of any specific exercise on a medical condition.The Web Site is not a prescription system and
is not intended to be a substitute for professional medical advice, diagnosis,
or treatment. You hereby certify that you understand the risk of serious
physical injury and/or death when participating in any exercise or exercise
program. LogYourRun is not responsible for any health problems that may result
from training programs, products, or events you learn about through the Web
Site.
DISCLAIMER
This Web Site, any Content or Submission is provided
“AS IS,” and LogYourRun does not guarantee the functionality of the Web Site or
a particular result from the use of the Web Site.You acknowledge and agree that LogYourRun is
not liable for any interruption or breakdown of service, loss or corruption of
data, attacks against the Web Site from third parties, any technical
malfunction at any point in the provision of the service of the Web Site or
force majeure.
LogYourRun expressly disclaims any responsibility
for the loss or damage, including personal injury or death, resulting from the
use of the Web Site or from any Content or Submissions posted on the Web Site
or any interactions among users, whether online or offline.
LOGYOURRUN EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY,
SECURITY, ACCURACY OR NON-INFRINGEMENT. LOGYOURRUN
DISCLAIMS ANY WARRANTY THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT AND
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS
DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
PRODUCT, OFFERING, CONTENT OR MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR
INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEB SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT LOGYOURRUN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF LOGYOURRUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE USE
OF ANY CONTENT OR POSTINGS ON THE WEB SITE OR ANY WEBSITES LINKED TO THE WEB
SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA;(iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON OUR WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB
SITE.
INDEMNIFICATION
You agree to defend, indemnify and hold LogYourRun,
its members, managers, officers, employees and agents harmless from and against
any and all claims, damages, costs and expenses, including attorneys’ fees,
arising from or related to your use of the Web Site, any Submissions made by
you (or your account) or any services or products offered by LogYourRun.You further acknowledge and agree that, under
no circumstances, will LogYourRun, its members, managers, officers, employees
and agents be held responsible or liable, directly or indirectly, for any loss
or damage that is caused or alleged to have been caused to you in connection
with your use of, or reliance on, any content, advertisements, products or
other resources available on any other website (regardless of whether we
directly or indirectly link to such content, advertisements, products or other
resources). You should direct any concerns with respect to any other website to
that website’s administrator or webmaster.
GOVERNING LAW AND OTHER
MISCELLANEOUS TERMS
The validity and effect of these Terms &
Conditions shall be governed by and construed and enforced in accordance with
the laws of the State of Missouri, USA, without
regard to its conflicts of laws principles.In the event of a dispute with LogYourRun is instituted hereunder,
each user consents to the exclusive jurisdiction of any federal or state court
situated in either St. Louis County or the City of St. Louis, as LogYourRun
selects in its sole discretion. The
prevailing party shall be entitled to recover its attorneys’ fees and court
costs, together with any other relief awarded by a court of competent
jurisdiction.
Copyright and Copyright Notices
LogYourRun respects the
intellectual property of others, and we ask our users to do the same.If you believe that your work has been copied
in a way that constitutes copyright infringement, please provide LogYourRun
with the following information:
·an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
·a description of the copyrighted work that you claim has been
infringed;
·a description of where the material that you claim is infringing is
located on the site;
·your address, telephone number, and email address;
·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; and
·a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf.
Please contact LogYourRun for notice of claims of
copyright infringement at: .
