Terms of Use

 

 

 

TERMS AND CONDITIONS OF USE

This Internet web site ("Web Site") is provided by Devine Racing Management, LLC. and/or its affiliates (collectively, "Devine"). Your access to and use of this Web Site is subject to the following terms and conditions.

PLEASE READ THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE LEAVE THIS SITE NOW.

Devine reserves the right to update these terms and conditions from time-to-time. Notice of policy updates will be posted to this page and therefore we recommend visiting this page every so often to check for updates as these terms and conditions are binding upon you. You can review the most current version of the Terms of Service at any time at: http://www.DevineSports.com/Terms_of_Use.84.0.html Please also visit our Privacy Policy page.

User Restrictions - Registration

This Web Site and the information and services provided may not be used by those under the age of 13. Access to certain areas of this Web Site and use of certain features require you to register and obtain an Account ID and password. You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process. Accounts registered by “bots” or other automated methods are not permitted. Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account login and password. Devine cannot and will not be liable for any loss, damage or liability incurred from your failure to comply with this important security obligation.

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link. All of your user data will be immediately deleted from the Web Site upon cancellation. This information cannot be recovered once your Account is cancelled. Devine, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Web Site, or any other Devine service, for any reason at any time. Such termination will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account. Devine reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Site and Prices

Devine reserves the right at any time and from time to time to modify or discontinue the Web Site (or any part thereof), temporarily or permanently, the with or without notice. Devine reserves the right to charge fees, surcharges and/or membership fees at any time. Pricing, including but not limited to any monthly subscription plan fees, will be subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Devine Site (www.DevineSports.com). Devine shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Web Site.

Copyright

Ownership. The entire content included in this web site, including, but not limited to, text, graphics, logos, audio clips, still pictures, video clips and software (“Content”) is the property of Devine and/or its content suppliers and is protected by U.S. and international copyright laws. The web site itself as a collective work is the sole and exclusive property of Devine and/or its affiliates and is protected by U.S. and international copyright laws.

Permitted Uses. You are given permission to use the Web Site and view and download Content hereon solely for your own personal, non-commercial and informational use, provided you do not delete or change any copyright, trademark, or other proprietary notices. You may not display, distribute, modify, perform, reproduce, repost, sell or prepare derivative works based on, or otherwise use any Content in any way for any public or commercial purpose without Devine's prior written permission.

Copyright Complaints. Devine respects the intellectual property of others, and we ask our content partners and members to do the same. If you believe that your copyrighted work has been copied and is accessible on the Devine web sites and in a way constitutes copyright infringement, you may notify Devine by providing our copyright agent with the following information:
a. An identification of the owner of the copyright or the person authorized to act on the owner's behalf, including an electronic or physical signature.
b. A complete description of the copyrighted work claimed to have been infringed and a description of the nature of the infringing activity.
c. An identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the publication in which it has been published.
d. Identification of the URL or other specific location on a Devine operated web site where the material that you claim is infringing is located.
e. Your name, address, telephone number and e-mail address.
f. A signed statement by you stating that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
g. A statement by you, made under the penalty of perjury, that the above information in your notice is correct and that you are the copyright owner or authorized to act on the owner's behalf.
Devine’s agent for notice of claims of copyright infringement on this Devine web site can be reached as follows: Nick Curl, Devine Racing Management, LLC., 900 N. Michigan Ave., Suite 800, Chicago, IL 60614.

Trademarks

All trademarks, service marks, trade names and logos used in the web site (including but not limited to the Devine name, the “d” Logo and any of the marks associated with The City of Los Angeles Marathon, The Salt Lake City Marathon, The New Las Vegas Marathon or the The Banco Popular Chicago Half Marathon, and related web sites including, LAMarathon.com, NewLasVegasMarathon.com, ChicagoMarathon.com, or SaltLakeCityMarathon.com (collectively “Trademarks”) are the registered or unregistered Trademarks of Devine and/or its licensors. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the written permission of Devine or such third party that may own the Trademark displayed on this Web Site. Your use of any Trademark displayed on the Web Site, except as provided herein, is strictly prohibited.

User Postings - Submissions

Devine may provide areas within its Web Site upon which users may post notices and/or exchange communications or other content with other users in either an on-line interactive, or off-line, environment, such as via chat rooms, forums, message boards, and the like.

As a user, you are responsible for your own communications and are responsible for the consequences of your posting. You must not engage in any of the following actions:

post materials that are copyrighted, unless you are the copyright owner or have the permission of the copyright owner;
post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
post a sexually-explicit image; post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any other form of solicitation of business;
impersonate another person or misrepresent your affiliation with any person or organization;
access the Web Site to obtain a list of users of the Web Site;
upload commercial content or use the Web Site to solicit others to join or become members of any other competitive commercial online service; or
access or use any password protected, secure or non-public areas of the Web Site; or frame or link to the Web Site.

Devine does not represent or guarantee the truthfulness, accuracy, or reliability or any of communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Devine does not screen communications in advance and is not responsible for screening or monitoring material posted by users. Devine reserves the right to expel users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which violate the terms of this paragraph.

In addition, while Devine desires to receive feedback from its community of users, unless specifically requested by Devine in writing, please do not send to Devine any creative or original concepts, ideas, materials or products or confidential or proprietary information.

Except as governed by our Privacy Policy, any communication or material you transmit to Devine by electronic mail or otherwise, including any data, questions or answers, comments, suggestions, or the like may be, in Devine's own discretion, treated as non-confidential and non-proprietary by Devine.

By transmitting any postings to the Web Site or communications to Devine, you automatically grant Devine a royalty-free, perpetual, irrevocable non-exclusive license and agree and acknowledge that Devine is free to use any comments, information or ideas contained in any postings or communication you may post or communicate to Devine without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the site or other products or services.


Product Orders

Any orders placed with Devine the web site are subject to acceptance by Devine. Accordingly, your order may be refused, cancelled or delayed, whether or not previously confirmed, for any or no reason, in the sole discretion of Devine, without liability to you or any third party. If your credit card has been charged by Devine for an order that is subsequently cancelled by Devine, Devine shall issue a credit to your credit card account. Devine shall have no responsibility or liability to you for orders placed by you with any third party vendor accessed by you or “linked to” from this web site, (a “Seller”). In no event shall Devine be considered to be a party to a commercial between you and a Seller, regardless of whether Devine may have received any form of consideration in connection therewith. You agree that Devine shall have no direct or indirect liability to you for any costs or damages whatsoever arising out of such transactions, on basis or theory whatsoever. All matters concerning goods or services offered by or ordered from such Sellers are solely between you and the Seller.


Links

Devine’s Web Site may contain “links” to other non-Devine sites and it is possible that non-Devine sites also link to Devine web sites. Devine is not responsible for the content or privacy policies practiced by non-Devine web sites. The appearance of any link to other sites does not constitute or imply any approval or endorsement by Devine of the other sites. Your following any such links to other web sites is at your own risk.


Termination

You agree that Devine may terminate your use of the Web Site if Devine reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of Devine or any third party, or for any reason with or without notice to you. You agree that Devine will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Your Submissions," "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of this Agreement.


Disclaimers

Your use of the Web Site is at your own risk. Your health is important. Devine recommends that you obtain approval from or seek advise of a qualify physician or health care provider before beginning any new physical exercise program using any of the programs or training information provided in these sites. This Web Site is not intended as a substitute for medical advice provided by your own qualified physician. The information provide on the Web Site should never be used in place of a visit to or advice from your physician or health care provider.

DEVINE DOES NOT ASSUME ANY LIABILITY FOR INJURIES THAT MAY OCCUR WHILE FOLLOWING ANY PROGRAM OR USING ANY INFORMATION CONTAINED ON THE WEB SITE, REGARDLESS OF WHETHER A DOCTOR OR HEALTH CARE PROVIDER WAS CONSULTED.

Devine does not warrant or represent that the Content is accurate, error-free, truthful or reliable or that your use of Devine's Content will not infringe rights of third parties.

THE INFORMATION, CONTENT AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND DEVINE MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO USE OR PERFORMANCE. DEVINE DOES NOT WARRANT THAT (I) THE WEB SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEB SITE WILL BE CORRECTED. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE AND DEVINE MAKES NO REPRESENTATION THAT THE MATERIALS APPEARING ON OR DOWNLOADED FROM THIS WEB SITE ARE COMPATIBLE WITH YOUR COMPUTER, FREE FROM ERROR OR VIRUS. NO DEVINE EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. DEVINE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND THE INFORMATION AND MATERIALS THEREIN. LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER DEVINE RACING MANAGEMENT, LLC., ITS AFFILIATES OR ITS SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEB SITE OR CONTENT, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEVINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (V) OR ANY OTHER MATTER RELATING TO THE SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


Indemnification

You agree to defend, indemnify and hold harmless Devine and its officers, directors, employees, agents, representatives, licensors, suppliers, ambassadors, from and against any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of your use of any its websites and any Content thereon, the use by you of any training programs accessed through the Web Site, your violation of these Terms and Conditions.


General Provisions

Devine controls and operates this Web Site from its headquarters in Chicago, Illinois, United States of America, and makes no representation that the Devine's Material is appropriate or available for use in other locations. If you use this Web Site from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to the Devine's Content may not be legal by certain persons or in certain countries. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Web Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of Illinois, United States of America without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, the Web Site or the Devine's Content shall be instituted in a state or federal court in Cook County, Illinois.