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Terms of Use

Updated July 2007

Welcome to YourRun.com. We are glad you visited. Please review these Terms of Use, which are intended to constitute a binding agreement that conditions your use of this site ("Agreement"). We have tried to avoid unnecessary legal verbiage. Our goal is to protect our rights in order to provide you with access to the content available at this site. If you do not wish to be bound by this Agreement after you have read it, please leave the site. If you remain on this site, or return thereafter, you agree to be bound by this Agreement.

1. Responsible conduct. You agree to act responsibly at this site and to treat other members/visitors with respect.

2. YourRun.com May Use Your Submission. By submitting a story or photo (each, a "submission") to YourRun.com, you hereby grant to YourRun.com a non-exclusive, fully-paid, royalty-free, and perpetual worldwide license to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such submission and the information therein in any medium and to create derivative works from such information. A back-up or residual copy of your submission may remain on YourRun.com servers even if your submission is removed from YourRun.com, and YourRun.com retains the rights to those copies. You represent and warrant that (a) you own the submission submitted by you to YourRun.com or otherwise have the right to grant the license set forth in this section, and (b) the posting of your submission on or through YourRun.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any submission posted by you to or through YourRun.com.

3. Limited License / Copyright and Intellectual Property Law Restrictions. All materials provided on e-mails or Web pages generated by YourRun.com, including, but not limited to, information, documents, content, products, graphics, sounds, images, and software, are provided either by YourRun.com or its third party licensors and are protected by YourRun.com or its third party licensors' copyrights, trademarks, service marks, patents, or other proprietary rights and laws. In particular, YourRun.com, the YourRun.com logo, and all other YourRun.com -based marks are trademarks of YourRun.com; you agree not to use any such trademarks without the prior written permission of YourRun.com. You are hereby granted a non-exclusive license to use the material at this site ("Content") while connected to this site. You are also granted a limited license to print any Content posted at the site, but only for your personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to or deletion of copyright notices are prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other Web sites also is strictly prohibited. You may not display this Web site in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us through our Contact Us link. You may, however, establish ordinary links to our site without our written permission. The instructions and approved link icons to establish ordinary links to our site are provided within this site.

YourRun.com respects the intellectual property rights of others and requires those that visit YourRun.com to do the same. YourRun.com may, in appropriate circumstances and at its discretion, remove or disable access to material on YourRun.com that infringes upon the copyright rights of others. YourRun.com also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to YourRun.com repeatedly infringe on others' copyrights, YourRun.com may in its sole discretion terminate those individuals' rights to use YourRun.com.

4. Third-Party Information/Links. YourRun.com provides links and referrals to other retail Web sites and provides information from such other sites concerning the products sold by such sites as a convenience to YourRun.com visitors. YourRun.com (a) has not reviewed all of the content on these other Web sites, (b) is not responsible for the availability of these outside resources or their contents, and (c) does not endorse, make any representations or take responsibility for any of the content, advertising, products or other materials on such sites.

Your use of such other Web sites is subject to the terms of use, if any, contained within each such Web site. If there is any conflict between the YourRun.com Policies and Terms of Use and any terms or notices set forth on any other Web site, then the terms of such other Web site will control your use of that Web site. Please review the terms of use for each Web site so that you understand all of the terms that will apply.

In addition, the product information and images displayed on YourRun.com are provided by other retail Web sites. YourRun.com has no control over such information. Accordingly, YourRun.com makes no representations or warranties concerning the accuracy of product information, prices or images displayed on YourRun.com and specifically disclaims any warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose. Under no circumstances shall YourRun.com be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on or through YourRun.com. Any concerns regarding any external link or any inquiries concerning any product sold by an external Web site should be directed to the respective site administrator or Webmaster of that Web site. If you decide to access any of these other sites linked to YourRun.com, you do so entirely at your own risk.

5. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-IMFRINGEMENT OR OTHERWISE, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER WE NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THIS SITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THIS SITE OR THE INFORMATION PROVIDED BY THIS SITE.

6. Modifications / Termination. The terms of this agreement will not be modified on an individual basis. You agree that we may modify the terms of this Agreement (or discontinue this site) in our sole discretion, without advance notice, and that your right to access this site is conditioned on an ongoing basis with your compliance with the then current version of the YourRun.com Policies and these Terms and Conditions. You should therefore visit this page frequently.

7. Jurisdiction. This Web site is hosted on servers located inside the United States. In the event of any dispute arising out of or relating to this site, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Sioux Falls, South Dakota.

8. YourRun.com Policies. As an extension of the Terms of Use, you acknowledge that you have read and accept the YourRun.com Policies as listed on this Web site.

9. Terms of Use Subject to Change. YourRun.com's Terms of Use are subject to change. YourRun.com expressly reserves the right to change its Policies and the Terms of Use at any time for any reason, without advance notice to you. Accordingly, frequent review of this terms of use page is recommended.


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