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Terms of Use

Welcome to Run The Planet which is provided by Hillclimb Media. These terms and conditions of use (“Terms”) are a binding contract between Hillclimb Media (“We”, “Us”, or “Our”) and you (“You”). before using the Run The Planet Web Site. Please read these terms relating to your use of the Site carefully. By using the Site, you agree to be bound by the following terms as well as the practices disclosed in the Hillclimb Media Privacy Policy. If you do not agree to these terms, you are not authorized to use the Site. Hillclimb Media provides the information and services on the Site to you conditioned upon your acceptance, without modification, of the terms.

NOTICE

The information available on the Site, including, without limitation, reviews, opinions, directions, guides, graphics, photographs, logos, audio or video clips, and data (collectively “Content”) may contain information relating to a hazardous activity. Hillclimb Media does not certify or endorse the Content on the Site, including without limitation, any opinion, recommendation, advice, or any other information contained in the Content.

Hillclimb Media is not responsible for harm to persons or property that results from your use of the Site, including without limitation, use of any content on the Site.

Table of Contents

  1. Agreement to Deal Electronically; Electronic Communications and Notices.
  2. Privacy.
  3. Unauthorized Use of Your Password.
  4. Changes to the Agreement.
  5. License to Use the Site.
  6. Submission of Comments; Ideas and Other Information.
  7. Copyright Infringement Notification & Other Reports.
  8. Your Representations and Warranties.
  9. Promotions.
  10. Indemnity.
  11. Disclaimers of Warranties.
  12. Links to Third Party Sites.
  13. Exclusive Remedy; Damage Exclusions & Limitations.
  14. Washington Law and Washington (King County) Forum; One-Year Statute of Limitations.
  15. Miscellaneous; Entire Agreement.

By using the Site you agree to the following:

  1. Agreement to Deal Electronically; Electronic Communications and Notices.

    Transactions at the Site are conducted electronically and you agree that all transactions with or through the Site may, at Hillclimb Media's option, be conducted electronically. You also agree that:

    • Hillclimb Media may provide all agreements, disclosures, and notices electronically, including any that we are otherwise required to provide in “writing”.
    • All electronic records are deemed sent when they are properly addressed to you and either
      1. the record enters an information processing system outside the control of the sender or
      2. the record enters a region of an information processing system under the recipient's control.
    • All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

    If you do not wish to deal with Hillclimb Media electronically, you should not enter into this Agreement or use the Site. Hillclimb Media may complete any transaction initiated by you at the Site prior to termination of your use of the Site and may continue to provide you all notices related to the transaction electronically. If applicable law now or hereafter requires Hillclimb Media to communicate with you non-electronically, we reserve the right to charge a fee for doing so. You agree that we may chose (from time to time) to provide all or any part of our services non-electronically.

  2. Privacy.

    Our Privacy Policy is a part of this Agreement and its terms are incorporated by this reference. Please read it now (by clicking on Privacy Policy at the bottom of any page). The policy explains how certain information about you may be used. You acknowledge and agree that Hillclimb Media may collect, use, exchange, and store information about you and your orders in accordance with our Privacy Policy.

  3. Unauthorized Use of Your Password.

    All instructions transmitted by or received from anyone presenting your password on the Site are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Hillclimb Media immediately. You authorize Hillclimb Media to refuse to accept any further orders placed under that password on your behalf—and Hillclimb Media will use commercially reasonable efforts to block such orders.

  4. Changes to the Agreement.

    This Site is like a store: every time a customer enters a store the customer is bound by the rules in effect on the date of the customer's visit. Similarly, at the Site, you are bound by the version of this Agreement that is in effect on the date of your visit or order. The terms of this Agreement may change from time to time so please review them when you visit the Site. We will post a notice on the home page of the Site for thirty (30) days if we change the terms of this Agreement and your use of the Site after the effective date of any change will constitute your consent to the amended Agreement. For your convenience, a link to the current Terms of Use appears at the bottom of every page of the Site.

  5. License to Use the Site.

    We hereby grant you the right to view and use the Site solely for the purpose of acquiring information in accordance with the Agreement. Hillclimb Media retains all right, title, and interest in and to the Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Site and all content contained therein is protected by copyright under both United States and foreign laws and all rights not expressly granted are reserved by Hillclimb Media and its suppliers. Subject to applicable law, Hillclimb Media reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.

    The license in this Section 5 does not include permission to copy the design elements, “look and feel” or layout of the Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in this Agreement, neither Hillclimb Media nor any third party has conferred upon you by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.

  6. Submission of Comments; Ideas and Other Information.

    Any comments or information that you provide to Hillclimb Media, for example, feedback or ideas in response to a customer survey regarding the Site, product or content reviews, suggestions, ideas, concepts, or other information are collectively deemed “Submissions”. None of the Submissions will be subject to any obligation of confidence on the part of Hillclimb Media, and Hillclimb Media will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant Hillclimb Media a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, Hillclimb Media will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, Hillclimb Media may sublicense these rights to third parties.

    Under no circumstance is Hillclimb Media responsible for any Submission to the Site or for the content of that Submission, nor shall Hillclimb Media be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.

    Under no circumstance is Hillclimb Media responsible for any Submission to the Site or for the content of that Submission, nor shall Hillclimb Media be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.

    Advertising on Hillclimb Media:

    If you are retailing other running-related products or services and wish to advertise those products or services elsewhere on our Site, outside of our forums, please visit our Advertising page.

    All other Submissions to the Site whether through the forums, reviews, or any method must be free of advertising, or else the Submission will be edited and/or removed.

    Moderation & Posting Rules:

    All forum posts and forum private messages must be in English. No other languages are permitted.

    Although messages posted are not the responsibility of Hillclimb Media and we are not responsible for the content or accuracy of any of these messages, we reserve the right for ourselves and our agents to edit or delete any message for any or no reason whatsoever. Generally we only moderate reviews, messages, Submissions, or posts that are in breach of our rules or policies or threads that have not been accessed for some time. If you do find any reviews, messages, Submissions, or posts are objectionable then please contact us with a link to the item in question. We are particularly concerned with hate language and we will not hesitate to ban frequent or extreme offenders breaching any of our rules or policies.

    You must only post in the relevant forum or area on the Site and should not take a thread off topic. You can start a new thread and link any side issues as needed. You agree not to spam on the Site or harvest contact information for commercial gain. Posts should only be made once and in one area only. You may not cross post. A moderator may link a thread to several forums if necessary rather than cross posting in multiple places. Posts may only be bumped if they are beneath closed posts. Junk posts such as random characters, irrelevant garbage or a short message that adds nothing new to a thread (such as just 'LOL') are prohibited. Basically, don't spam or flood please. Thanks!

    You agree to refrain from swearing, profanity, foul language, discourteous behavior, racial, national or sexual slurs or other inappropriate or illegal behavior on the Site. No warez links or crack how-tos or posts of a pornographic or sexual nature please. No links to inappropriate content please. This is a family friendly Site.

    You agree not to use the Site to post any material which is illegal or that may generally be deemed to be vulgar, defamatory, inaccurate, harassing, hateful, threatening, invading of others privacy, sexually oriented or violates any laws. Our reference to swearing includes acronyms and variations and misspellings. We understand that sometimes posters will wish to vehemently disagree with someone else's post. This is fine but personal attacks or responses resorting to vulgar language are not permitted. Should a moderator or Site administrator intercede in a thread due to it getting out of hand, he she may optionally close the thread (temporarily until people cool down or permanently) or request that members make no more than one more post on the subject (closing arguments.) You may not continue such “flame” topics by starting a new thread or post more than the one time as directed but you may edit your existing posts as desired should you have the ability to do so.

  7. Copyright Infringement Notification & Other Reports.

    Hillclimb Media relies on users of the Site to bring copyright violations to our attention. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. If you are aware of infringing materials on the Site, please notify Hillclimb Media agent:

    Hillclimb Media
    Attn: Legal Dept.
    15801 NE 24th St
    Bellevue, WA 98008

    To be effective, the Notification must include the following:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hillclimb Media to locate the material;
    • Information reasonably sufficient to permit Hillclimb Media to contact you, such as an address, telephone number, and if available, an electronic mail address at which the you may be contacted;
    • A statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    All inquiries not in compliance with the above notice and procedure for making claims of copyright infringement will receive no response.

    Questions and comments about the Site (other than claims of copyright infringement) should be directed to our Contact Information page.

  8. Your Representations and Warranties.

    You represent and warrant for the benefit of Hillclimb Media and Hillclimb Media's licensors and suppliers that:

    1. you are at least 13 years of age;
    2. you possess the legal right and ability to enter into this Agreement and make the credit card charge on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for the Site;
    3. all information that you submit to us is true, accurate, and current;
    4. you will keep your registration information current;
    5. you will be responsible for all use of your password even if such use was conducted without your authority or permission; and
    6. you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

  9. Promotions.

    No promotion is offered by Hillclimb Media unless the promotion explicitly so states. You agree that offers from other companies on the Site are solely liable for their promotions and that Hillclimb Media is not liable. You also agree to comply with all terms of a promotion. Note: some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during your visit to the Site. Hillclimb Media reserves the right to withdraw or refuse to honor any promotion that has been altered or modified—other than by Hillclimb Media.

  10. Indemnity.

    You agree to defend, indemnify and hold harmless Hillclimb Media, its officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.

  11. DISCLAIMERS OF WARRANTIES.

    Hillclimb Media is not responsible for harm to persons or property that results from your use of the Site, including without limitation, use of any content on the Site. This Site and all content is provided “as is”, “as available”, “with all faults” and without warranty of any kind. Hillclimb Media and Hillclimb Media's licensors give no express warranties and disclaim:

    1. All implied warranties, including, but not limited to, warranties of merchantability; fitness for a particular purpose; availability of the Site; lack of viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency or usefulness of any content on the Site; and
    2. And duties of reasonable care, workmanlike effort of lack of negligence.

    The entire risk as to satisfactory quality, performance, accuracy and effort in connection with the Site and content is with you.

    In addition, Hillclimb Media disclaims any warranties of non-infringement, title, or quiet enjoyment.

  12. Links to Third Party Sites.

    As a convenience, we may provide links to third-party web Sites from the Site. Hillclimb Media is not responsible for and does not endorse the informational content or any products or services available on any third-party web Site and does not make any representations regarding its content or accuracy. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-Hillclimb Media web Sites. Your use of third-party web Sites is at your own risk and subject to the terms and conditions of use for such Sites. This means that we are not your agent and will not be a party to any contract you enter.

  13. Exclusive Remedy; Damage Exclusions & Limitations.

    In no event will Hillclimb Media or Hillclimb Media's licensors be liable for any indirect, incidental, consequential, special, punitive, exemplary damages, or any and all other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of data, personal injury, failure to meet any duty including acts of good faith or of reasonable care, lack of negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way connected to the use or performance of the Site, the delay or inability to use the Site, or this agreement, even in the event of fault, tort (including negligence), strict liability, breach of contract, or breach of warranty of Hillclimb Media and even if Hillclimb Media has been advised of the possibility of such damages.

  14. Washington State Law and Washington (King County) Forum; One-Year Statute of Limitations.

    This Agreement is governed by the laws of the State of Washington U.S.A. Your consent to this Agreement will include your consent to such law and the jurisdiction of and venue in the courts in King County, Washington, U.S.A. in all disputes arising out of or relating to this Agreement. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. Hillclimb Media's performance of this Agreement (including the Privacy Policy) is subject to existing laws and legal process, and you agree that Hillclimb Media may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. Any cause of action or claim you may bring in connection with the Site, including without limitation any Content, must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. In any dispute between Hillclimb Media and you relating to the Site, the prevailing party will be entitled to attorneys' fees, costs and expenses.

  15. Miscellaneous; Entire Agreement.

    If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and Hillclimb Media with respect to the Site and that item and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and Hillclimb Media regarding the Site and/or any order you place through it.

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