@@ -164,56 +164,6 @@ export default function PrivacyPolicy() {
Version 1.0
-- The RankRunners.net website located at https://rankrunners.net - is a copyrighted work belonging to RankRunners. Certain features - of the Site may be subject to additional guidelines, terms, or - rules, which will be posted on the Site in connection with such - features. -
-- All such additional terms, guidelines, and rules are - incorporated by reference into these Terms. -
-- These Terms of Use described the legally binding terms and - conditions that oversee your use of the Site. BY LOGGING INTO - THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you - represent that you have the authority and capacity to enter into - these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS - THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE - TERMS, DO NOT LOG INTO AND/OR USE THE SITE. -
-- These terms require the use of arbitration Section 10.2 on an - individual basis to resolve disputes and also limit the remedies - available to you in the event of a dispute. These Terms of Use - were created with the help of the Terms Of Use Generator. -
-- Subject to these Terms. Company grants you a - non-transferable, non-exclusive, revocable, limited license to - access the Site solely for your own personal, noncommercial use. -
-- Certain Restrictions. The rights approved to - you in these Terms are subject to the following restrictions: - (a) you shall not sell, rent, lease, transfer, assign, - distribute, host, or otherwise commercially exploit the Site; - (b) you shall not change, make derivative works of, disassemble, - reverse compile or reverse engineer any part of the Site; (c) - you shall not access the Site in order to build a similar or - competitive website; and (d) except as expressly stated herein, - no part of the Site may be copied, reproduced, distributed, - republished, downloaded, displayed, posted or transmitted in any - form or by any means unless otherwise indicated, any future - release, update, or other addition to functionality of the Site - shall be subject to these Terms. All copyright and other - proprietary notices on the Site must be retained on all copies - thereof. -
-- Company reserves the right to change, suspend, or cease the Site - with or without notice to you. You approved that Company will - not be held liable to you or any third-party for any change, - interruption, or termination of the Site or any part. -
-- No Support or Maintenance. You agree that - Company will have no obligation to provide you with any support - in connection with the Site. -
-- Excluding any User Content that you may provide, you are aware - that all the intellectual property rights, including copyrights, - patents, trademarks, and trade secrets, in the Site and its - content are owned by Company or Company's suppliers. Note that - these Terms and access to the Site do not give you any rights, - title or interest in or to any intellectual property rights, - except for the limited access rights expressed in Section 2.1. - Company and its suppliers reserve all rights not granted in - these Terms. -
-- Third-Party Links & Ads. The Site may contain - links to third-party websites and services, and/or display - advertisements for third-parties. Such Third-Party Links & Ads - are not under the control of Company, and Company is not - responsible for any Third-Party Links & Ads. Company provides - access to these Third-Party Links & Ads only as a convenience to - you, and does not review, approve, monitor, endorse, warrant, or - make any representations with respect to Third-Party Links & - Ads. You use all Third-Party Links & Ads at your own risk, and - should apply a suitable level of caution and discretion in doing - so. When you click on any of the Third-Party Links & Ads, the - applicable third party's terms and policies apply, including the - third party's privacy and data gathering practices. -
-- Other Users. Each Site user is solely - responsible for any and all of its own User Content. Because we - do not control User Content, you acknowledge and agree that we - are not responsible for any User Content, whether provided by - you or by others. You agree that Company will not be responsible - for any loss or damage incurred as the result of any such - interactions. If there is a dispute between you and any Site - user, we are under no obligation to become involved. -
-- You hereby release and forever discharge the Company and our - officers, employees, agents, successors, and assigns from, and - hereby waive and relinquish, each and every past, present and - future dispute, claim, controversy, demand, right, obligation, - liability, action and cause of action of every kind and nature, - that has arisen or arises directly or indirectly out of, or that - relates directly or indirectly to, the Site. If you are a - California resident, you hereby waive California civil code - section 1542 in connection with the foregoing, which states: "a - general release does not extend to claims which the creditor - does not know or suspect to exist in his or her favor at the - time of executing the release, which if known by him or her must - have materially affected his or her settlement with the debtor." -
-- Cookies and Web Beacons. Like any other - website, RankRunners.net uses ‘cookies'. These cookies are used - to store information including visitors' preferences, and the - pages on the website that the visitor accessed or visited. The - information is used to optimize the users' experience by - customizing our web page content based on visitors' browser type - and/or other information. -
-- The site is provided on an "as-is" and "as available" basis, and - company and our suppliers expressly disclaim any and all - warranties and conditions of any kind, whether express, implied, - or statutory, including all warranties or conditions of - merchantability, fitness for a particular purpose, title, quiet - enjoyment, accuracy, or non-infringement. We and our suppliers - make not guarantee that the site will meet your requirements, - will be available on an uninterrupted, timely, secure, or - error-free basis, or will be accurate, reliable, free of viruses - or other harmful code, complete, legal, or safe. If applicable - law requires any warranties with respect to the site, all such - warranties are limited in duration to ninety (90) days from the - date of first use. -
-- Some jurisdictions do not allow the exclusion of implied - warranties, so the above exclusion may not apply to you. Some - jurisdictions do not allow limitations on how long an implied - warranty lasts, so the above limitation may not apply to you. -
-- To the maximum extent permitted by law, in no event shall - company or our suppliers be liable to you or any third-party for - any lost profits, lost data, costs of procurement of substitute - products, or any indirect, consequential, exemplary, incidental, - special or punitive damages arising from or relating to these - terms or your use of, or incapability to use the site even if - company has been advised of the possibility of such damages. - Access to and use of the site is at your own discretion and - risk, and you will be solely responsible for any damage to your - device or computer system, or loss of data resulting therefrom. -
-- To the maximum extent permitted by law, notwithstanding anything - to the contrary contained herein, our liability to you for any - damages arising from or related to this agreement, will at all - times be limited to a maximum of fifty U.S. dollars (u.s. $50). - The existence of more than one claim will not enlarge this - limit. You agree that our suppliers will have no liability of - any kind arising from or relating to this agreement. -
-- Some jurisdictions do not allow the limitation or exclusion of - liability for incidental or consequential damages, so the above - limitation or exclusion may not apply to you. -
-- Term and Termination. Subject to this Section, - these Terms will remain in full force and effect while you use - the Site. We may suspend or terminate your rights to use the - Site at any time for any reason at our sole discretion, - including for any use of the Site in violation of these Terms. - Upon termination of your rights under these Terms, your Account - and right to access and use the Site will terminate immediately. - You understand that any termination of your Account may involve - deletion of your User Content associated with your Account from - our live databases. Company will not have any liability - whatsoever to you for any termination of your rights under these - Terms. Even after your rights under these Terms are terminated, - the following provisions of these Terms will remain in effect: - Sections 2 through 2.5, Section 3 and Sections 4 through 10. -
-- Company respects the intellectual property of others and asks - that users of our Site do the same. In connection with our Site, - we have adopted and implemented a policy respecting copyright - law that provides for the removal of any infringing materials - and for the termination of users of our online Site who are - repeated infringers of intellectual property rights, including - copyrights. If you believe that one of our users is, through the - use of our Site, unlawfully infringing the copyright(s) in a - work, and wish to have the allegedly infringing material - removed, the following information in the form of a written - notification (pursuant to 17 U.S.C. § 512(c)) must be provided - to our designated Copyright Agent: -
-- Please note that, pursuant to 17 U.S.C. § 512(f), any - misrepresentation of material fact in a written notification - automatically subjects the complaining party to liability for - any damages, costs and attorney's fees incurred by us in - connection with the written notification and allegation of - copyright infringement. -
-- These Terms are subject to occasional revision, and if we make - any substantial changes, we may notify you by sending you an - e-mail to the last e-mail address you provided to us and/or by - prominently posting notice of the changes on our Site. You are - responsible for providing us with your most current e-mail - address. In the event that the last e-mail address that you have - provided us is not valid our dispatch of the e-mail containing - such notice will nonetheless constitute effective notice of the - changes described in the notice. Any changes to these Terms will - be effective upon the earliest of thirty (30) calendar days - following our dispatch of an e-mail notice to you or thirty (30) - calendar days following our posting of notice of the changes on - our Site. These changes will be effective immediately for new - users of our Site. Continued use of our Site following notice of - such changes shall indicate your acknowledgement of such changes - and agreement to be bound by the terms and conditions of such - changes. Dispute Resolution. Please read this Arbitration - Agreement carefully. It is part of your contract with Company - and affects your rights. It contains procedures for MANDATORY - BINDING ARBITRATION AND A CLASS ACTION WAIVER. -
-- Applicability of Arbitration Agreement. All - claims and disputes in connection with the Terms or the use of - any product or service provided by the Company that cannot be - resolved informally or in small claims court shall be resolved - by binding arbitration on an individual basis under the terms of - this Arbitration Agreement. Unless otherwise agreed to, all - arbitration proceedings shall be held in English. This - Arbitration Agreement applies to you and the Company, 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 Terms. -
-- - Notice Requirement and Informal Dispute Resolution. - - Before either party may seek arbitration, the party must first - send to the other party a written Notice of Dispute describing - the nature and basis of the claim or dispute, and the requested - relief. A Notice to the Company should be sent to: 1934 N. Druid - Hills Rd, Suite B Brookhaven, Georgia 30319 USA. After the - Notice is received, you and the Company may attempt to resolve - the claim or dispute informally. If you and the Company do not - resolve the claim or dispute within thirty (30) days after the - Notice is received, either party may begin an arbitration - proceeding. The amount of any settlement offer made by any party - may not be disclosed to the arbitrator until after the - arbitrator has determined the amount of the award to which - either party is entitled. -
-- Arbitration Rules. Arbitration shall be - initiated through the American Arbitration Association, an - established alternative dispute resolution provider that offers - arbitration as set forth in this section. If AAA is not - available to arbitrate, the parties shall agree to select an - alternative ADR Provider. The rules of the ADR Provider shall - govern all aspects of the arbitration except to the extent such - rules are in conflict with the Terms. The AAA Consumer - Arbitration Rules governing the arbitration are available online - at adr.org or by calling the AAA at 1-800-778-7879. 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 - hearing will be held in a location within 100 miles of your - residence, unless you reside outside of the United States, and - unless the parties agree otherwise. If you reside outside of the - U.S., the arbitrator shall give the parties reasonable notice of - the date, time and place of any oral hearings. Any judgment on - the award rendered by the arbitrator may be entered in any court - of competent jurisdiction. If the arbitrator grants you an award - that is greater than the last settlement offer that the Company - made to you prior to the initiation of arbitration, the Company - will pay you the greater of the award or $2,500.00. Each party - shall bear its own costs and disbursements arising out of the - arbitration and shall pay an equal share of the fees and costs - of the ADR Provider. -
-- - Additional Rules for Non-Appearance Based Arbitration. - - If non-appearance based arbitration is elected, 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 agreed by the parties. -
-- Time Limits. If you or the Company pursues - arbitration, the arbitration action must be initiated and/or - demanded within the statute of limitations and within any - deadline imposed under the AAA Rules for the pertinent claim. -
-- Authority of Arbitrator. If arbitration is - initiated, the arbitrator will decide the rights and liabilities - of you and the Company, 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 AAA 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. 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 the Company. -
-- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE - THEIR 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 expensive than - rules applicable in a court and are subject to very limited - review by a court. In the event any litigation should arise - between you and the Company in any state or federal court in a - suit to vacate or enforce an arbitration award or otherwise, YOU - AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead - electing that the dispute be resolved by a judge. -
-- 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 customer - or user cannot be arbitrated or litigated jointly or - consolidated with those of any other customer or user. -
-- Confidentiality. All aspects of the arbitration - proceeding shall be strictly confidential. The parties agree to - maintain confidentiality unless otherwise required by law. This - paragraph shall not prevent a party from submitting to a court - of law any information necessary to enforce this Agreement, to - enforce an arbitration award, or to seek injunctive or equitable - relief. -
-- Severability. If any part or parts of this - Arbitration Agreement are found under the law to be invalid or - unenforceable by a court of competent jurisdiction, then such - specific part or parts shall be of no force and effect and shall - be severed and the remainder of the Agreement shall continue in - full force and effect. -
-- Right to Waive. Any or all of the rights and - limitations set forth in this Arbitration Agreement may be - waived by the party against whom the claim is asserted. Such - waiver shall not waive or affect any other portion of this - Arbitration Agreement. -
-- Survival of Agreement. This Arbitration - Agreement will survive the termination of your relationship with - Company. -
-- Small Claims Court. Nonetheless the foregoing, - either you or the Company may bring an individual action in - small claims court. -
-- Emergency Equitable Relief. Anyhow the - foregoing, either party may seek emergency equitable relief - before a state or federal court in order to maintain the status - quo pending arbitration. A request for interim measures shall - not be deemed a waiver of any other rights or obligations under - this Arbitration Agreement. -
-- Claims Not Subject to Arbitration. - Notwithstanding the foregoing, claims of defamation, violation - of the Computer Fraud and Abuse Act, and infringement or - misappropriation of the other party's patent, copyright, - trademark or trade secrets shall not be subject to this - Arbitration Agreement. -
-- 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 within us County, California, for such purposes. -
-- The Site may be subject to U.S. export control laws and may be - subject to export or import regulations in other countries. You - agree not to export, re-export, or transfer, directly or - indirectly, any U.S. technical data acquired from Company, or - any products utilizing such data, in violation of the United - States export laws or regulations. -
-- Company is located at the address in Section 10.8. If you are a - California resident, you may report complaints to the Complaint - Assistance Unit of the Division of Consumer Product of the - California Department of Consumer Affairs by contacting them in - writing at 400 R Street, Sacramento, CA 95814, or by telephone - at (800) 952-5210. -
-- Electronic Communications. The communications - between you and Company use electronic means, whether you use - the Site or send us emails, or whether Company posts notices on - the Site or communicates with you via email. For contractual - purposes, you (a) consent to receive communications from Company - in an electronic form; and (b) agree that all terms and - conditions, agreements, notices, disclosures, and other - communications that Company provides to you electronically - satisfy any legal obligation that such communications would - satisfy if it were be in a hard copy writing. -
-- Entire Terms. These Terms constitute the entire - agreement between you and us regarding the use of the Site. Our - failure to exercise or enforce any right or provision of these - Terms shall not operate as a waiver of such right or provision. - The section titles in these Terms are for convenience only and - have no legal or contractual effect. The word "including" means - "including without limitation". If any provision of these Terms - is held to be invalid or unenforceable, the other provisions of - these Terms will be unimpaired and the invalid or unenforceable - provision will be deemed modified so that it is valid and - enforceable to the maximum extent permitted by law. Your - relationship to Company is that of an independent contractor, - and neither party is an agent or partner of the other. These - Terms, and your rights and obligations herein, may not be - assigned, subcontracted, delegated, or otherwise transferred by - you without Company's prior written consent, and any attempted - assignment, subcontract, delegation, or transfer in violation of - the foregoing will be null and void. Company may freely assign - these Terms. The terms and conditions set forth in these Terms - shall be binding upon assignees. -
-- Your Privacy. Please read our Privacy Policy. -
-- Copyright/Trademark Information. Copyright ©. - All rights reserved. All trademarks, logos and service marks - displayed on the Site are our property or the property of other - third-parties. You are not permitted to use these Marks without - our prior written consent or the consent of such third party - which may own the Marks. -
-- Address: 1934 N. Druid Hills Rd, Suite B Brookhaven, Georgia - 30319 USA -
-Email: support@rankrunners.net
-Version 1.0
++ The RankRunners.net website located at + https://rankrunners.net is a copyrighted work + belonging to RankRunners. Certain features of the + Site may be subject to additional guidelines, terms, + or rules, which will be posted on the Site in + connection with such features. +
++ All such additional terms, guidelines, and rules are + incorporated by reference into these Terms. +
++ These Terms of Use described the legally binding + terms and conditions that oversee your use of the + Site. BY LOGGING INTO THE SITE, YOU ARE BEING + COMPLIANT THAT THESE TERMS and you represent that + you have the authority and capacity to enter into + these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE + TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE + PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE + THE SITE. +
++ These terms require the use of arbitration Section + 10.2 on an individual basis to resolve disputes and + also limit the remedies available to you in the + event of a dispute. These Terms of Use were created + with the help of the Terms Of Use Generator. +
++ Subject to these Terms. Company + grants you a non-transferable, non-exclusive, + revocable, limited license to access the Site solely + for your own personal, noncommercial use. +
++ Certain Restrictions. The rights + approved to you in these Terms are subject to the + following restrictions: (a) you shall not sell, + rent, lease, transfer, assign, distribute, host, or + otherwise commercially exploit the Site; (b) you + shall not change, make derivative works of, + disassemble, reverse compile or reverse engineer any + part of the Site; (c) you shall not access the Site + in order to build a similar or competitive website; + and (d) except as expressly stated herein, no part + of the Site may be copied, reproduced, distributed, + republished, downloaded, displayed, posted or + transmitted in any form or by any means unless + otherwise indicated, any future release, update, or + other addition to functionality of the Site shall be + subject to these Terms. All copyright and other + proprietary notices on the Site must be retained on + all copies thereof. +
++ Company reserves the right to change, suspend, or + cease the Site with or without notice to you. You + approved that Company will not be held liable to you + or any third-party for any change, interruption, or + termination of the Site or any part. +
++ No Support or Maintenance. You + agree that Company will have no obligation to + provide you with any support in connection with the + Site. +
++ Excluding any User Content that you may provide, you + are aware that all the intellectual property rights, + including copyrights, patents, trademarks, and trade + secrets, in the Site and its content are owned by + Company or Company's suppliers. Note that these + Terms and access to the Site do not give you any + rights, title or interest in or to any intellectual + property rights, except for the limited access + rights expressed in Section 2.1. Company and its + suppliers reserve all rights not granted in these + Terms. +
++ Third-Party Links & Ads. The Site + may contain links to third-party websites and + services, and/or display advertisements for + third-parties. Such Third-Party Links & Ads are not + under the control of Company, and Company is not + responsible for any Third-Party Links & Ads. Company + provides access to these Third-Party Links & Ads + only as a convenience to you, and does not review, + approve, monitor, endorse, warrant, or make any + representations with respect to Third-Party Links & + Ads. You use all Third-Party Links & Ads at your own + risk, and should apply a suitable level of caution + and discretion in doing so. When you click on any of + the Third-Party Links & Ads, the applicable third + party's terms and policies apply, including the + third party's privacy and data gathering practices. +
++ Other Users. Each Site user is + solely responsible for any and all of its own User + Content. Because we do not control User Content, you + acknowledge and agree that we are not responsible + for any User Content, whether provided by you or by + others. You agree that Company will not be + responsible for any loss or damage incurred as the + result of any such interactions. If there is a + dispute between you and any Site user, we are under + no obligation to become involved. +
++ You hereby release and forever discharge the Company + and our officers, employees, agents, successors, and + assigns from, and hereby waive and relinquish, each + and every past, present and future dispute, claim, + controversy, demand, right, obligation, liability, + action and cause of action of every kind and nature, + that has arisen or arises directly or indirectly out + of, or that relates directly or indirectly to, the + Site. If you are a California resident, you hereby + waive California civil code section 1542 in + connection with the foregoing, which states: "a + general release does not extend to claims which the + creditor does not know or suspect to exist in his or + her favor at the time of executing the release, + which if known by him or her must have materially + affected his or her settlement with the debtor." +
++ Cookies and Web Beacons. Like any + other website, RankRunners.net uses ‘cookies'. These + cookies are used to store information including + visitors' preferences, and the pages on the website + that the visitor accessed or visited. The + information is used to optimize the users' + experience by customizing our web page content based + on visitors' browser type and/or other information. +
++ The site is provided on an "as-is" and "as + available" basis, and company and our suppliers + expressly disclaim any and all warranties and + conditions of any kind, whether express, implied, or + statutory, including all warranties or conditions of + merchantability, fitness for a particular purpose, + title, quiet enjoyment, accuracy, or + non-infringement. We and our suppliers make not + guarantee that the site will meet your requirements, + will be available on an uninterrupted, timely, + secure, or error-free basis, or will be accurate, + reliable, free of viruses or other harmful code, + complete, legal, or safe. If applicable law requires + any warranties with respect to the site, all such + warranties are limited in duration to ninety (90) + days from the date of first use. +
++ Some jurisdictions do not allow the exclusion of + implied warranties, so the above exclusion may not + apply to you. Some jurisdictions do not allow + limitations on how long an implied warranty lasts, + so the above limitation may not apply to you. +
++ To the maximum extent permitted by law, in no event + shall company or our suppliers be liable to you or + any third-party for any lost profits, lost data, + costs of procurement of substitute products, or any + indirect, consequential, exemplary, incidental, + special or punitive damages arising from or relating + to these terms or your use of, or incapability to + use the site even if company has been advised of the + possibility of such damages. Access to and use of + the site is at your own discretion and risk, and you + will be solely responsible for any damage to your + device or computer system, or loss of data resulting + therefrom. +
++ To the maximum extent permitted by law, + notwithstanding anything to the contrary contained + herein, our liability to you for any damages arising + from or related to this agreement, will at all times + be limited to a maximum of fifty U.S. dollars (u.s. + $50). The existence of more than one claim will not + enlarge this limit. You agree that our suppliers + will have no liability of any kind arising from or + relating to this agreement. +
++ Some jurisdictions do not allow the limitation or + exclusion of liability for incidental or + consequential damages, so the above limitation or + exclusion may not apply to you. +
++ Term and Termination. Subject to + this Section, these Terms will remain in full force + and effect while you use the Site. We may suspend or + terminate your rights to use the Site at any time + for any reason at our sole discretion, including for + any use of the Site in violation of these Terms. + Upon termination of your rights under these Terms, + your Account and right to access and use the Site + will terminate immediately. You understand that any + termination of your Account may involve deletion of + your User Content associated with your Account from + our live databases. Company will not have any + liability whatsoever to you for any termination of + your rights under these Terms. Even after your + rights under these Terms are terminated, the + following provisions of these Terms will remain in + effect: Sections 2 through 2.5, Section 3 and + Sections 4 through 10. +
++ Company respects the intellectual property of others + and asks that users of our Site do the same. In + connection with our Site, we have adopted and + implemented a policy respecting copyright law that + provides for the removal of any infringing materials + and for the termination of users of our online Site + who are repeated infringers of intellectual property + rights, including copyrights. If you believe that + one of our users is, through the use of our Site, + unlawfully infringing the copyright(s) in a work, + and wish to have the allegedly infringing material + removed, the following information in the form of a + written notification (pursuant to 17 U.S.C. § + 512(c)) must be provided to our designated Copyright + Agent: +
++ Please note that, pursuant to 17 U.S.C. § 512(f), + any misrepresentation of material fact in a written + notification automatically subjects the complaining + party to liability for any damages, costs and + attorney's fees incurred by us in connection with + the written notification and allegation of copyright + infringement. +
++ These Terms are subject to occasional revision, and + if we make any substantial changes, we may notify + you by sending you an e-mail to the last e-mail + address you provided to us and/or by prominently + posting notice of the changes on our Site. You are + responsible for providing us with your most current + e-mail address. In the event that the last e-mail + address that you have provided us is not valid our + dispatch of the e-mail containing such notice will + nonetheless constitute effective notice of the + changes described in the notice. Any changes to + these Terms will be effective upon the earliest of + thirty (30) calendar days following our dispatch of + an e-mail notice to you or thirty (30) calendar days + following our posting of notice of the changes on + our Site. These changes will be effective + immediately for new users of our Site. Continued use + of our Site following notice of such changes shall + indicate your acknowledgement of such changes and + agreement to be bound by the terms and conditions of + such changes. Dispute Resolution. Please read this + Arbitration Agreement carefully. It is part of your + contract with Company and affects your rights. It + contains procedures for MANDATORY BINDING + ARBITRATION AND A CLASS ACTION WAIVER. +
++ + Applicability of Arbitration Agreement. + {" "} + All claims and disputes in connection with the Terms + or the use of any product or service provided by the + Company that cannot be resolved informally or in + small claims court shall be resolved by binding + arbitration on an individual basis under the terms + of this Arbitration Agreement. Unless otherwise + agreed to, all arbitration proceedings shall be held + in English. This Arbitration Agreement applies to + you and the Company, 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 Terms. +
++ + Notice Requirement and Informal Dispute + Resolution. + + Before either party may seek arbitration, the party + must first send to the other party a written Notice + of Dispute describing the nature and basis of the + claim or dispute, and the requested relief. A Notice + to the Company should be sent to: 1934 N. Druid + Hills Rd, Suite B Brookhaven, Georgia 30319 USA. + After the Notice is received, you and the Company + may attempt to resolve the claim or dispute + informally. If you and the Company do not resolve + the claim or dispute within thirty (30) days after + the Notice is received, either party may begin an + arbitration proceeding. The amount of any settlement + offer made by any party may not be disclosed to the + arbitrator until after the arbitrator has determined + the amount of the award to which either party is + entitled. +
++ Arbitration Rules. Arbitration + shall be initiated through the American Arbitration + Association, an established alternative dispute + resolution provider that offers arbitration as set + forth in this section. If AAA is not available to + arbitrate, the parties shall agree to select an + alternative ADR Provider. The rules of the ADR + Provider shall govern all aspects of the arbitration + except to the extent such rules are in conflict with + the Terms. The AAA Consumer Arbitration Rules + governing the arbitration are available online at + adr.org or by calling the AAA at 1-800-778-7879. 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 hearing will be held in a + location within 100 miles of your residence, unless + you reside outside of the United States, and unless + the parties agree otherwise. If you reside outside + of the U.S., the arbitrator shall give the parties + reasonable notice of the date, time and place of any + oral hearings. Any judgment on the award rendered by + the arbitrator may be entered in any court of + competent jurisdiction. If the arbitrator grants you + an award that is greater than the last settlement + offer that the Company made to you prior to the + initiation of arbitration, the Company will pay you + the greater of the award or $2,500.00. Each party + shall bear its own costs and disbursements arising + out of the arbitration and shall pay an equal share + of the fees and costs of the ADR Provider. +
++ + Additional Rules for Non-Appearance Based + Arbitration. + + If non-appearance based arbitration is elected, 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 agreed by the parties. +
++ Time Limits. If you or the Company + pursues arbitration, the arbitration action must be + initiated and/or demanded within the statute of + limitations and within any deadline imposed under + the AAA Rules for the pertinent claim. +
++ Authority of Arbitrator. If + arbitration is initiated, the arbitrator will decide + the rights and liabilities of you and the Company, + 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 AAA 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. 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 + the Company. +
++ Waiver of Jury Trial. THE PARTIES + HEREBY WAIVE THEIR 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 + expensive than rules applicable in a court and are + subject to very limited review by a court. In the + event any litigation should arise between you and + the Company in any state or federal court in a suit + to vacate or enforce an arbitration award or + otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A + JURY TRIAL, instead electing that the dispute be + resolved by a judge. +
++ + 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 customer or user + cannot be arbitrated or litigated jointly or + consolidated with those of any other customer or + user. +
++ Confidentiality. All aspects of the + arbitration proceeding shall be strictly + confidential. The parties agree to maintain + confidentiality unless otherwise required by law. + This paragraph shall not prevent a party from + submitting to a court of law any information + necessary to enforce this Agreement, to enforce an + arbitration award, or to seek injunctive or + equitable relief. +
++ Severability. If any part or parts + of this Arbitration Agreement are found under the + law to be invalid or unenforceable by a court of + competent jurisdiction, then such specific part or + parts shall be of no force and effect and shall be + severed and the remainder of the Agreement shall + continue in full force and effect. +
++ Right to Waive. Any or all of the + rights and limitations set forth in this Arbitration + Agreement may be waived by the party against whom + the claim is asserted. Such waiver shall not waive + or affect any other portion of this Arbitration + Agreement. +
++ Survival of Agreement. This + Arbitration Agreement will survive the termination + of your relationship with Company. +
++ Small Claims Court. Nonetheless the + foregoing, either you or the Company may bring an + individual action in small claims court. +
++ Emergency Equitable Relief. Anyhow + the foregoing, either party may seek emergency + equitable relief before a state or federal court in + order to maintain the status quo pending + arbitration. A request for interim measures shall + not be deemed a waiver of any other rights or + obligations under this Arbitration Agreement. +
++ Claims Not Subject to Arbitration. + Notwithstanding the foregoing, claims of defamation, + violation of the Computer Fraud and Abuse Act, and + infringement or misappropriation of the other + party's patent, copyright, trademark or trade + secrets shall not be subject to this Arbitration + Agreement. +
++ 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 within us County, + California, for such purposes. +
++ The Site may be subject to U.S. export control laws + and may be subject to export or import regulations + in other countries. You agree not to export, + re-export, or transfer, directly or indirectly, any + U.S. technical data acquired from Company, or any + products utilizing such data, in violation of the + United States export laws or regulations. +
++ Company is located at the address in Section 10.8. + If you are a California resident, you may report + complaints to the Complaint Assistance Unit of the + Division of Consumer Product of the California + Department of Consumer Affairs by contacting them in + writing at 400 R Street, Sacramento, CA 95814, or by + telephone at (800) 952-5210. +
++ Electronic Communications. The + communications between you and Company use + electronic means, whether you use the Site or send + us emails, or whether Company posts notices on the + Site or communicates with you via email. For + contractual purposes, you (a) consent to receive + communications from Company in an electronic form; + and (b) agree that all terms and conditions, + agreements, notices, disclosures, and other + communications that Company provides to you + electronically satisfy any legal obligation that + such communications would satisfy if it were be in a + hard copy writing. +
++ Entire Terms. These Terms + constitute the entire agreement between you and us + regarding the use of the Site. Our failure to + exercise or enforce any right or provision of these + Terms shall not operate as a waiver of such right or + provision. The section titles in these Terms are for + convenience only and have no legal or contractual + effect. The word "including" means "including + without limitation". If any provision of these Terms + is held to be invalid or unenforceable, the other + provisions of these Terms will be unimpaired and the + invalid or unenforceable provision will be deemed + modified so that it is valid and enforceable to the + maximum extent permitted by law. Your relationship + to Company is that of an independent contractor, and + neither party is an agent or partner of the other. + These Terms, and your rights and obligations herein, + may not be assigned, subcontracted, delegated, or + otherwise transferred by you without Company's prior + written consent, and any attempted assignment, + subcontract, delegation, or transfer in violation of + the foregoing will be null and void. Company may + freely assign these Terms. The terms and conditions + set forth in these Terms shall be binding upon + assignees. +
++ Your Privacy. Please read our + Privacy Policy. +
++ Copyright/Trademark Information.{" "} + Copyright ©. All rights reserved. All trademarks, + logos and service marks displayed on the Site are + our property or the property of other third-parties. + You are not permitted to use these Marks without our + prior written consent or the consent of such third + party which may own the Marks. +
++ Address: 1934 N. Druid Hills Rd, Suite B Brookhaven, + Georgia 30319 USA +
+Email: support@rankrunners.net
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