Revised February 10, 2020 The domains usatf.org and runforamerica.com (collectively, our “Site”) are operated by USA Track & Field, Inc. (USATF), referred to herein as "we", "us", or "our." Please read these terms and conditions of use carefully before using our Site. By using the Site, you signify your agreement to these Terms of Use (Terms). If you do not agree to these Terms, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Site following the posting of changes to these Terms will mean you accept those changes. By agreeing to these Terms, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms and our Privacy Policy, these Terms control.
All materials contained on the Site are the copyrighted property of USATF, its affiliated entities, and/or third-party licensors. All trademarks, service marks, trade names, and trade dress are proprietary to USATF, its affiliated entities, and/or third-party licensors. No material from any Site or any USATF-owned material on any other Internet site may be copied, reproduced, republished, uploaded, posted, transmitted, broadcast, distributed, or commercially exploited in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that: (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from a Site. For purposes of these Terms, the use of any such material on any other website or computer environment is prohibited, except as expressly granted by USATF.
Please exercise discretion while browsing the Internet using any Site. You should be aware that when you are on a Site, you could be directed to other sites that are beyond our control. There are links to other sites from Site that take you outside of our services. For example, if you click on a logo or a link on our "Links" page, the click may take you off the USATF site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a written agreement. It also includes other third-party links that we have provided for your convenience. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. We reserve the right to disable links from any third-party site to any USATF site. We also reserve the right to disable links from any USATF site to any third-party site without reason or notice. We make no representations concerning the content of sites listed on our Site. Consequently, we expressly disclaim liability for the accuracy, availability, relevancy, reliability, suitability, copyright compliance, legality, or decency of information contained in or merchandise sold on sites linked to or from our Site. Further, we make no representations or warranties, and disclaim liability for, the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party. You hereby irrevocably waive any claim(s) against USATF with respect to the liabilities discussed in this paragraph. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
By entering into a membership agreement with USATF or by subscribing to a USATF electronic service, you are consenting to the receipt of electronic mail ("e-mail") from us. We may send you e-mails about services and products we believe may be of interest to you. You may opt-out of future e-mails about products or services by following instructions in our Privacy Policy, on our Site, or contained in an e-mail that you receive from us. We reserve the right, however, to e-mail you important information relating to your membership account.
The materials on our Site are provided "as is" and without warranties, of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we (on behalf of ourselves, our affiliates, and our respective directors, officers, employees, and agents) disclaim all warranties, express or implied, for making this Site available, the information and materials on Site, your use of such information and materials, and our collection of information from you, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that any Site or the servers that make such materials available are free of viruses or other harmful components. We do not warrant against the possibility of deletion, mis-delivery or failure to store communications, personalized settings, or other data. You are solely responsible for the hardware, software, or other technology you use to access our Site and for the cost of the same. USATF is not responsible for any service difficulties resulting from your failure to possess technology adequate to use the Site to your satisfaction. Further, we disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
In consideration of your use of this Site, to the extent you provide personal information to USATF, it must be true, accurate, current, and complete, and you must update all personal information as necessary. You will be entirely responsible for the confidentiality and use of your access ID(s) and password(s) and for all activities that occur under your account. You will not hold USATF liable for any damages of any kind resulting from your decision to disclose your access ID(s) or password(s) to any third party, including but not limited to entities that aggregate account information or website content, or persons who are or claim to be acting as your agent or proxy. You will be responsible for all changes entered through and under your access ID(s) and password(s). You immediately shall notify USATF if you become aware of: (i) any loss or theft of your access ID(s) and/or password(s); (ii) any unauthorized use of any of your access ID(s) and/or password(s), or of any similar information. You hereby indemnify, defend and hold USATF, its officers, directors, agents, employees, volunteers, information providers, affiliated entities, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. You shall use this Site in a manner consistent with any and all applicable rules and regulations. You shall not upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
Any communications or material of any kind that you e-mail, post, or otherwise transmit through e-mail or via any USATF website, including data, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and nonproprietary. You hereby grant a license to USATF to reproduce, use, disclose, distribute, transmit, publish, broadcast, or post your Communications, either on the Sites or elsewhere, with no liability or obligation to you. USATF is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.
You will not use any electronic communication feature of the USATF services for any purpose that is unlawful, discriminatory, abusive, harassing, libelous, defamatory, obscene, or threatening. You will not use the services to solicit USATF members or others or participate in the solicitation of USATF members or others for any purpose. You will not upload, post, reproduce, or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights. You shall be bound by any affirmation, assent, or agreement you transmit through the services you access by computer, including but not limited to any consent you give to receive communications from us through electronic transmission. When, in the future, you click on an "I agree", "I consent" or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
You shall indemnify and hold USATF, its officers, directors, agents, employees, volunteers, information providers, affiliated entities, licensors and licensees (including third party providers) harmless from any loss, costs or expense, including attorneys' fees, made by any person based on a claim or demand arising out of a violation of these Terms, state or federal laws or regulations, or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right, related to your use of the Site or the information or materials available on the Site. Under no circumstances, including but not limited to a negligent act, will USATF, or its affiliates and their respective officers, directors, agents, and employees, be liable for any damages of any kind that result from the use of, or the inability to use, any Site, or information or materials on a Site, or a service provided via a Site, even if a USATF-authorized representative has been advised of the possibility of such damages. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing any Site. This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
These Terms are effective until terminated by either party. You may terminate these Terms at any time by discontinuing use of all Sites. Your access to any and all Sites may be terminated immediately without notice from us if, in our sole discretion, for any reason or no reason. Upon termination, you must cease and desist from accessing or using all Sites.
These Terms and all future agreements you shall enter into with USATF, unless otherwise indicated in such other agreement, shall be governed by the law of the State of Indiana, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with USATF in Indiana or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you submit to the personal and exclusive jurisdiction of the courts located within the County of Marion, Indiana. If any part of these Terms are unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by USATF of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
If you have any questions about this Site or these Terms, please contact us using the following information: USA Track & Field 130 E. Washington St., Suite 800 Indianapolis, IN 46204 317-261-0500 GeneralCounsel@USATF.org