RunningAHEAD Terms of Use

May 29, 2017

These Terms of Use shall apply to all websites owned and operated by RunningAHEAD, LLC ("RunningAHEAD"). By accessing or using this website, you agree to comply with these Terms of Use and RunningAHEAD's Privacy Policy as stated here. RunningAHEAD may update these Terms of Use at any time without notice to you.

You may not access or use this website if you are under the age of 13. You must provide accurate and complete information when you create a RunningAHEAD account. You may only create one account for yourself. You may not create accounts for other individuals or create an account to impersonate another individual or entity. If you access or use this website on behalf of a company, club, organization, or other entity, then you represent and warrant that you are authorized to agree to this Terms of Use on that entity's behalf. An entity may not have duplicate or multiple accounts. RunningAHEAD reserves the right to delete your account if you violate these Terms of Use.

You agree to use this website for lawful purposes only. You agree that you will comply with all applicable local laws regarding online conduct. You may not upload or transmit content that:

  • is illegal or is in the furtherance of illegal activity;
  • is libelous or defamatory;
  • is discriminatory (for example, content that includes racial or religious slurs);
  • threatens, harasses, or abuses another person;
  • violates the legal rights of another person or entity, including but not limited to, the right to privacy and intellectual property rights;
  • is pornographic or obscene;
  • contains a virus or deliberately corrupted data; or
  • may be harmful to another user, visitor, this website, or any other person or entity.

You may not use this website to engage in fraudulent activity, including but not limited to:

  • collecting information about others without their consent,
  • soliciting for any kind of scam,
  • impersonating any person or entity, or
  • misrepresenting your affiliation with any person, entity, or organized event.

You may not:

  • disrupt the normal functioning of RunningAHEAD or any part of the internet, including "denial of service" attacks;
  • access another user's account without that user's permission;
  • access, tamper with, or use non-public areas of the website, RunningAHEAD's computer systems, or the technical delivery systems of RunningAHEAD's providers;
  • attempt to probe, scan, or test the vulnerability of any RunningAHEAD system or network or breach or circumvent any security or authentication measures;
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the website to send altered, deceptive or false source-identifying information; or
  • Spam or send unsolicited private messages or emails. In determining whether forum posts are Spam, RunningAHEAD will consider factors such as complaints from other users, duplicate posts, multiple accounts connected to the same IP address, and content that includes links to other products and services.

RunningAHEAD reserves the right to remove any content that it determines to be in violation of these Terms of Use.

You may not use the name, logo, or trademark of RunningAHEAD for any commercial purpose without written permission from RunningAHEAD.

Through this website, you may be given the opportunity to purchase (or to obtain more information regarding) certain content, products, or services that are sold by parties other than RunningAHEAD (collectively, "Merchants"). For example, Merchants may include race directors, running clubs, and coaches who are selling race entries, club memberships, or training plans. RunningAHEAD charges Merchants a fee for these transactions. However, RunningAHEAD does not endorse and is not affiliated with any Merchant. RunningAHEAD encourages you to use your discretion before sending payment to any Merchant through this website. All matters concerning services and/or products offered by any Merchant (including, but not limited to, purchase terms, refunds, delivery, and warranties, guarantees, or other promises), are solely between you and the Merchant. You agree that RunningAHEAD is not and will not be construed as a party to any such transaction between you and any Merchant. You also agree that RunningAHEAD will not be liable or responsible for any costs or damages that may arise, directly or indirectly, from any such transaction between you and any Merchant.

If you are a Merchant, RunningAHEAD reserves the right to request proof from you that you are authorized by a company, club, organization, or other entity to act on its behalf. If RunningAHEAD discovers that you have created a club, training plan, event, or other product or service listing on its website under false pretenses, with fraudulent intent, or in violation of these Terms of Use, RunningAHEAD reserves the right to refuse payment to you and to pursue all available legal recourses against you.

Payment processing services for Merchants on RunningAHEAD are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Use, or continuing to operate as a Merchant on RunningAHEAD, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of RunningAHEAD enabling payment processing services through Stripe, you agree to provide RunningAHEAD accurate and complete information about you and your business, and you authorize RunningAHEAD to share it and transaction information related to your use of the payment processing services provided by Stripe.

You agree to indemnify, defend, and hold harmless RunningAHEAD and its officers, directors, and agents for any claims, damages, or liabilities, including reasonable attorney's fees, arising from your use of this website, from any products, services or information you obtain from this website, from any content you post or publish to this website, from your use of any individual's personal information, from your violation of any of these Terms of Use or of RunningAHEAD's Privacy Policy, or from any other infringement committed by you.

This website is provided on an "as-is" and "as available" basis. RunningAHEAD makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website.

RunningAHEAD does not warrant that this site, its servers, or e-mail sent from this website are free of viruses or other harmful components, not that your access to this site and its servers will be reliable, error-free, or uninterrupted.

To the extent permissible by applicable law, RunningAHEAD disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose.

If you rely on any advice or information provided on this site by another user, Merchant, or other third party, you expressly agree that you do so entirely at your own risk. RunningAHEAD explicitly disclaims any liability for injury or damages from the use of that advice or information.

To the maximum extent permitted by law, RunningAHEAD will not be liable for any indirect, incidental, special, punitive, and consequential damages, or any losses of revenue or profits, whether incurred directly or indirectly, or any loss of data, use, good will, or other intangible losses resulting from your use of or your inability to access the services of this website. You agree that RunningAHEAD's maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of money received by RunningAHEAD from you.

These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions. Should a legal dispute arise between you and RunningAHEAD, you agree to submit to the personal jurisdiction of a state or federal court located in the Commonwealth of Massachusetts.

If any provision of these Terms of Use is held to be invalid or unenforceable, then that provision shall be severed from these Terms, and all other provisions shall remain in full force and effect.

If you know or suspect that another person is violating these Terms of Use, please notify RunningAHEAD as soon as possible.