Intellectual property; limited license to users
In addition to the Materials and Services offered by Twin Cities In Motion, the Site also makes available materials, information, and services provided by third parties (collectively, the “Third-Party Services”). The Third-Party Services are governed by separate license agreements that accompany such services. Twin Cities In Motion offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the Materials and Services offered by Twin Cities In Motion. You agree that you will not hold or seek to hold Twin Cities In Motion responsible or liable with respect to the Third-Party Services.
Use of Twin Cities In Motion Materials. THE SITE AND THE INFORMATION SERVICES PROVIDED MAY NOT BE USED BY ANY PERSON UNDER THE AGE OF 13 Except as indicated to the contrary elsewhere on the Site, you may view, download, and print the Materials available on the Site subject to the following conditions:
- The Materials must be used solely for your personal, informational, and internal purposes.
- You may not modify or alter the Materials in any way.
- You may not distribute, sell, rent, lease or license the Materials to others.
- You may not remove any copyright or other proprietary notices contained in the Materials.
- Twin Cities In Motion reserves the right to revoke the authorization to view, download, and print the Materials available on the Site at any time, and any such use shall be discontinued immediately upon notice from Twin Cities In Motion
- The rights granted to you constitute a license and not a transfer of title.
All trademarks, logos, and service marks (“Marks”) displayed on the Site are the registered or unregistered Marks of Twin Cities In Motion or its licensors. You are not permitted to use any Mark without the prior written consent of Twin Cities In Motion or the applicable licensor that may own such Mark. Your use of any Mark displayed on the Site, except as provided herein, is strictly prohibited.
In using the Site, including all Services and Materials available through it, you agree:
- not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
- not to create a false identity;
- not to use or attempt to use another’s account, password, service, or system without authorization from Twin Cities In Motion; and
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
No Class Actions
You may only resolve disputes with Twin Cities in Motion on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND TWIN CITIES IN MOTION OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, THE SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THE SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TWIN CITIES IN MOTION MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED,
THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. TWIN CITIES IN MOTION MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE SITE MAY BE OUT OF DATE, TWIN CITIES IN MOTION MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) TWIN CITIES IN MOTION DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, MATERIALS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) TWIN CITIES MARATHON, INC. SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, MATERIALS, OR SERVICES OFFERED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS.
Personal information and privacy
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL TWIN CITIES IN MOTION, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TWIN CITIES IN MOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THE SITE. THE FOREGOING DOES NOT AFFECT YOUR STATUTORY RIGHTS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Twin Cities In Motion and its officers, directors, employees, agents, representatives, licensors, and suppliers from and against any claim, demand, loss, liability, expense (including reasonably attorneys’ fees) or other damages relating to or arising out of your use of the Site and any Materials and Services thereon, your use of any training programs accessed through the Site, and your violation of the Terms and Conditions.
Governing law and jurisdiction
The Site (excluding linked sites) is controlled by Twin Cities In Motion from its offices in Minneapolis, Minnesota. By accessing the Site, you and Twin Cities In Motion agree that all matters relating to your access to, or use of, the Site shall be governed by and construed in accordance with the laws of the State of Minnesota. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Minneapolis, MN.