Intellectual Property Rights
Twin Cities In Motion, and all related names, logos, product and service names, designs, and slogans are trademarks of Twin Cities In Motion or its affiliates, licensees or licensors. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners. You must not use such marks without the prior written permission of Twin Cities In Motion, or the applicable licensor that may own such mark. Your use of any such marks or slogans displayed on the Site, except as provided herein, is strictly prohibited.
You agree not to copy, reproduce, republish, frame, download, transmit, modify, modify any copies wherever found, rent, lease, loan, transmit, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, its Services, or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, spiders, or other automatic data gathering and/or extraction device, process, or method in connection with the Site.
Use of Services
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 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.
Twin Cities In Motion is not responsible, or liable, to you or any third party, for the content or accuracy of any materials provided by any third parties.
In accessing or 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 use the Site for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by asking for personally identifiable information, or otherwise;
not to use or attempt to use another’s account, password, service, or system without authorization from Twin Cities In Motion;
not to impersonate or attempt to impersonate Twin Cities In Motion or its employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, or web aliases associated with any of the foregoing);
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;
not to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server(s) on which the Site is stored, or any server, computer, or database connected to the Site;
not to use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; and
not to use the Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Linking to the Site and Social Media Features
You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of Twin Cities In Motion without our express written consent. This Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Site;
Send emails or other communications with certain content, or links to certain content, on this Site;
Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provided with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you;
Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, on in-line linking;
Link to any part of the Site other than the homepage;
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Changes to the Site
We may update the Twin Cities In Motion content, Materials, or Services on the Site from time to time. Any of the third-party content, links, services, or materials may be out of date at any given time, and we are under no obligation to update the same.
Information About You and Your Visits to the Site
Personal Information and Privacy
The owner of the Site is based in the State of Minnesota in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
The Site (excluding linked sites) is controlled by Twin Cities In Motion from its offices in 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, Minnesota.
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.
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.