Twin Cities in Motion

Twin Cities In Motion makes this Web site (the "Site"), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by Twin Cities In Motion and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Twin Cities In Motion may publish from time to time (collectively, the "Terms of Use").


By accessing or using the Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

Twin Cities In Motion reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such changes have been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of your use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use the Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Intellectual property; limited license to users
The Materials and Services on the Site, as well as their selection and arrangement, and the Site itself as a collective work are the sole and exclusive property of Twin Cities In Motion (other than the Third Party Services) and are protected by copyright, trademark, patent, and other intellectual property laws. Any unauthorized use of the Materials or Services at the Site may violate such laws and the Terms of Use. Except as expressly provided herein, Twin Cities In Motion and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Use of Services. When using Services on the Site that are offered by Twin Cities In Motion, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

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:
1. The Materials must be used solely for your personal, informational, and internal purposes.
2. You may not modify or alter the Materials in any way.
3. You may not distribute, sell, rent, lease or license the Materials to others.
4. You may not remove any copyright or other proprietary notices contained in the Materials.
5. 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
6. The rights granted to you constitute a license and not a transfer of title.

Trademark information
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.

User conduct
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
· 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.

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. MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, MATERIALS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) TWIN CITIES IN MOTION SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, MATERIALS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. TWIN CITIES MARATHON, INC. ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWIN CITIES IN MOTION OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

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
To learn about how Twin Cities In Motion protects your personal information, such as your name and address, refer to the Twin Cities In Motion Privacy Policy. Except as set forth in such Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Twin Cities In Motion or others, or as stated in our Privacy Policy.

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.

Indemnification
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 the laws of Minnesota.

General
The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between Twin Cities In Motion and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Twin Cities In Motion to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.