Terms of Use

Twin Cities In Motion makes this Website (the “Site”), its content, 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. Please read these Terms of Use carefully before you start to use the Site.

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. If you do not want to agree to these Terms of Use, or to the Privacy Policy, you must not access or use the Site. This Site is offered and available to users who are 13 years of age or older, and reside in the United Sates or any of its territories or possessions. By using the Site, you represent and warrant that you are meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Site.

Acceptance of the Terms of Use

These terms of Use are entered into by and between You and Twin Cities In Motion. The following terms and conditions, together with any terms or documents they expressly incorporate by reference, govern your access to and use of this Site, including any content, functionality, and services offered on or through the Site, whether as a guest or a registered user. By using the Site, or by clicking to accept the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here:

If you breach any of the Terms of Use, your authorization to use the Site automatically terminates. Any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Intellectual Property Rights

The Site and its entire contents, features, and functionality, all information, software, text, displays, images, video, audio), including Materials and Services (other than the Third Party Services) on the Site, their selection and arrangement, and the Site itself as a collective work, are the sole and exclusive property of Twin Cities In Motion and are protected by copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws. 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. Any unauthorized use of the Materials or Services at the Site may violate such laws and the Terms of Use.

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

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, to the Terms of Use, and our Privacy policies. Such guidelines, rules, licenses, or policy 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. See our Privacy Policy, available here: . 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.

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.

User Conduct

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;
Otherwise take any action with respect to the Materials or Services on the Site that is inconsistent with any other provision of these Terms of Use or our Privacy Policy.

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

All information we collect on this Site is subject to our Privacy Policy, available here: https://www.tcmevents.org/privacypolicy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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: https://www.tcmevents.org/privacypolicy. 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.

Geographical Limitation

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.

Changes to the Terms of Use

Twin Cities In Motion reserves the right to revise and update these Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the Terms of Use then in effect. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

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.

Arbitration

At Twin Cities In Motion’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of Arbitration of the American Arbitration Association applying Minnesota State law.

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.

The use of 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.

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 partners 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, and where expressly included or mentioned, our Privacy Policy.

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, or waiver of any other 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.

Contact Information

If you have any questions, concerns, or suggestions regarding our terms of use or privacy policies, please contact us at [email protected]. Our mailing address is: Twin Cities in Motion, 2635 University Avenue West, Suite 190, Saint Paul, Minnesota, 55114.