Thank you for your interest in the Runner's World Challenge, a subscription-based website where you get a training plan designed by marathon veteran Bart Yasso and other Runner's World editors. It enables you to send training, nutrition, and injury prevention questions to the Runner's World editors and other experts. You can also find motivation and support from other runners provided by Rodale Inc.
For a one-time subscription fee, you'll gain full access to the Runner's World Challenge website for twelve (12) calendar months. You'll be charged a one-time fee for access to the Site, unless you receive access as part of the registration for a marathon or half-marathon. You may also have the ability to register and pay for the marathon or half-marathon at the time of registration, depending on the event. Your access to the Site will automatically terminate twelve (12) months after the date of your initial registration. (For example, if you register at any time on March 14, 2011, your access to the Site will automatically terminate on March 13, 2012 at 11:59pm EST.) You can cancel your subscription at any time, but you won't be refunded the subscription charge, the race registration fee, or any portion of either. You might be offered the opportunity to continue your access on a month-to-month basis after the conclusion of the initial subscription period, but there is no minimum or mandatory membership period beyond the initial subscription period.
Runner's World Challenge details and terms of membership are provided below and form an agreement (the “Member Agreement”), so please take a moment to review them before you sign up.
Rodale Inc. (“Rodale,” “us,” “our,” “we”) maintains this Internet site together with other Internet sites (“Sites”) as a service to you and the Internet community. Unless otherwise noted, the content (images and text) (“Content”) is the property of Rodale and protected by United States and international intellectual property laws. As a user of the Sites, you agree that you shall download and/or use Content solely for your personal, non-commercial use. You agree to all of the terms and conditions set forth herein and will not use the Sites until and unless you have agreed to these terms and conditions. You may not use the Content in any matter inconsistent with this Member Agreement (“Agreement”) or applicable law, and you may not copy, modify, or alter the Content without Rodale's express prior written consent. Please note that the Runner's World Challenge service and website are available for intended for use by residents of the United States of America, only.
1. Medical/Race Information 2. Offer, Payment, and Billing Terms and Conditions 3. Message Boards, Email Rules, Monitoring, and Third Party Content 4. General Terms and Conditions
1. Medical/Race Information
THE CONTENT AND OTHER INFORMATION PRESENTED ON THE SITES ARE FOR EDUCATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING. BEFORE STARTING THIS OR ANY TRAINING OR FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF ONE OR MORE OF OUR TRAINING AND/OR FITNESS PROGRAMS ARE RIGHT FOR YOUR NEEDS. DO NOT START A TRAINING OR FITNESS PROGRAM WITH US IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. RODALE RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBERSHIP OR USE OF THE SITES IF WE DETERMINE THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN MEDICAL CONDITIONS. RODALE RESERVES THE RIGHT TO CANCEL YOUR MEMBERSHIP SHOULD YOU VIOLATE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER POSTED POLICY ON THE SITES.
The process of becoming a member of the Sites (a “Member”) requires entry of certain personal information and, among other conditions of membership, agreement with these Terms and Conditions in order to gain access to the Sites.
In becoming a Member with the intent of using the Sites, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Sites.
And in becoming a Member with the intent of using the Sites, you further affirm that either (A) you have not been medically diagnosed as suffering from diabetes, hypoglycemia, heart disease, high cholesterol, or high blood pressure; or (B) your physician has specifically approved your use of the Sites.
And if you are a woman, in becoming a Member with the intent of using the Sites you further affirm that either (A) you are not pregnant or (B) your physician has specifically approved your use of the Sites.
You are advised that health, diet, training, and fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the Content will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
Further, you are advised that running a road race is a potentially hazardous activity and that you should not enter and run unless you are medically able and properly trained. You agree to abide by any decisions of race officials relative to your ability to safely complete the race. You assume all risks associated with running in the event including, but not limited to: falls, contact with other participants, the effects of the weather, including high heat and/or humidity, lightning, high winds, and extreme cold, traffic, and the conditions of the road, all such risks being known and appreciated by you.
You agree that we assume no liability in the event of cancellation of any of the Events, for any reason, and that any entry fees paid to us are not refundable, except as expressly set forth herein.
2. Offer, Payment, and Billing Terms and Conditions
A. MEMBERSHIP TERM: Your initial membership term runs for twelve (12) months from the date you register for the Site. Upon expiration of the initial membership term, unless you have received and agreed to a month-to-month membership extension, your access to the Site will be terminated. If you agree to extend your membership on a month-to-month basis, your membership will automatically renew until you cancel and you authorize us to charge your credit card $9.99 per month, or the then current monthly charge, until you cancel. There are no minimum membership requirements; however, you WILL NOT receive a refund or partial refund for any portion of a membership term, but you will have access to Site until the end of the then current membership term.
B. CANCELLATION POLICY: You may cancel your subscription after your initial registration. To cancel, you must call our Customer Service at 484-224-6994 Monday though Friday between the hours of 9:00 AM and 5:00 PM EST. Please be advised that our Customer Service Team does not operate on the following holidays: Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Thanksgiving Day (fourth Thursday in November), the day after Thanksgiving, Christmas Eve (December 24), Christmas Day (December 25), the day after Christmas (December 26), New Year's Eve (December 31), and New Year's Day (January 1).
Upon cancellation, your account will be terminated effective at the end of the current subscription period, and we in our sole discretion shall have the right but not the responsibility to delete all of the account information provided by you.
C. PAYMENT AND BILLING POLICIES: PLEASE NOTE THAT WE ONLY ACCEPT CREDIT CARD PAYMENTS AND DO NOT ACCEPT DEBIT CARD PAYMENTS AT THIS TIME. YOU AGREE TO NOTIFY RODALE IMMEDIATELY IN WRITING OR VIA EMAIL (AT email@example.com) IF YOU DISCOVER THAT THE CARD NUMBER YOU PROVIDED TO RODALE WHEN YOU REGISTERED FOR MEMBERSHIP IS A DEBIT CARD NUMBER. RODALE IS NOT RESPONSIBLE FOR AND WILL NOT REIMBURSE YOU FOR ANY OVERDRAFT OR BANK CHARGES THAT RESULT FROM YOUR USE OF A DEBIT CARD TO REGISTER FOR THE SITE.
Certain products or Services may be offered for sale on the Sites. In the event you wish to purchase or to subscribe to any of these products or Services, you will be asked by Rodale to supply certain information, including without limitation, your full name, address, telephone number, and credit card information. You agree to provide Rodale with the foregoing information as well as any other mandatory information that is accurate, complete, and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
If you register for an account on any of the Sites, unless the subscription is covered by Section D below, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Rodale reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges, or terms effective upon notice to Members.
Your right to use the Sites or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating all of Rodale's obligations under this Agreement. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
To review the billing terms of your account, you may email firstname.lastname@example.org.
D. FREE ACCESS OFFERS: From time to time, we may allow individuals who register for certain marathons or half-marathons to access the Site without additional charge when you access the Site. If you receive site access as part of your registration for an event, your access is subject to the terms and conditions as follows: 1. Your limited-time membership period will be activated by us after your registration for the specific event. 2. We will send you an email to the address you provided at the time of the event registration that contains a login and password for the Site. 3. Your period of access to the Site will begin upon the sending of the email to you; therefore, you should confirm that your email provider is not blocking or delaying emails from us. (We will not be responsible for or give additional access if the email address provided is inaccurate or if the email is blocked.) 4. You will not be required to provide a credit card or any other payment upon login to the Site, but you agree to be bound by this Member Agreement. 5. You will have full access to the Site for a limited period of time (the specific time period will depend on the specific event for which you registered), and your membership will expire at the end of that period. 6. Upon the conclusion of your membership period, you will no longer have access to the member section of the Site. 7. Of course, you may cancel your membership at any time during your membership period; however, NO REFUNDS will be granted for the membership period set forth in your event registration offer.
E. RUN WITH THE EDITORS REGISTRATION OFFER: We may allow individuals who have or intend to register for the Big Sur International Marathon (May 1, 2011), the Chicago Half Marathon and 5K (September 11, 2011), and/or the Philadelphia Marathon and Half-Marathon (November 20, 2011) [collectively and individually referred to herein as the “Event” or “Events”] to register for special access to the Site and other privileges detailed below. There will be an additional charge at the time of the initial registration on the Site for these offers. If you accept Site access through one of these offers, your access is subject to the terms and conditions as follows: 1. Your limited-time membership period will be activated by us at the time you register on the Site. 2. You are solely responsible for registering for the Event, and your registration for the Site does not include registration for the Event or provide you with any special right to register for the Event. 3. Your period of access to the Site will begin upon the sending of the email to you; therefore, you should confirm that your email provider is not blocking or delaying emails from us. (We will not be responsible for or give additional access if the email address provided is inaccurate or if the email is blocked.) 4. You will have full access to the Site for a limited period of time (the specific time period will depend on the specific Event for which you registered), and your membership will expire at the end of that period. 5. At the Event, you will be entitled to certain benefits (subject to availability), which may include: access to VIP areas near the start and finish lines, race-day packet pickup, free postrace massage, a special baggage-check area, and an opportunity to hang out and run with select editors of Runner's World. 6. Upon the conclusion of your membership period, you will no longer have access to the member section of the Site. 7. Of course, you may cancel your membership at any time during your membership period; however, NO REFUNDS will be granted for the membership period set forth in your event registration offer.
F. EVENT REGISTRATION OFFERS: From time to time, we may allow individuals who register for the Site to also register for and pay the entry fee for certain Events. If you register for and pay the entry fee for an Event at the time you register for the Site, your access is subject to the terms and conditions as follows: 1. Your limited-time membership period will be activated by us at the time you register on the Site. 2. Subject to availability and the Event sponsor's rules and regulations, we will use commercially reasonable efforts to register you for the Event and pay your Event registration fee. 3. Your period of access to the Site will begin upon the sending of the email to you; therefore you should confirm that your email provider is not blocking or delaying emails from us. (We will not be responsible for or give additional access if the email address provided is inaccurate or if the email is blocked.) 4. You will have full access to the Site for a limited period of time (the specific time period will depend on the specific Event for which you registered), and your membership will expire at the end of that period. 5. You will receive confirmation of your Event registration directly from the Event sponsor, and if you have not received notification within approximately 1 week of registration, you must contact us at email@example.com and advise us that you have not received confirmation (if you do not contact us, we will have no obligation to take any further action or refund any amounts paid). 6. Upon the conclusion of your membership period, you will no longer have access to the member section of the Site. 7. Of course, you may cancel your membership at any time during your membership period; however, NO REFUNDS will be granted for the membership period or for the Event registration fees. 8. If, for any reason, we are unable to register you for the Event, we will notify you that you are not registered and refund the Event registration fee only within 4 weeks. 9. We assume no liability in the event of cancellation of the Event, for any reason, and we will not provide refunds of any entry fees.
3. Message Boards, Email Rules, Monitoring, and Third Party Content
A. MESSAGE BOARDS: Message Boards on the Sites will contain information that can be posted and viewed by anyone on the Sites. Rodale does not endorse any information posted on the Message Boards. Please consult a physician or other relevant expert (depending on the nature of the information) before practicing anything you read on the Message Boards or using any information from the Message Boards. Rodale is not responsible for the information posted on the Message Boards or for editing any factual errors or making any type of corrections to information presented on the Message Boards. Any action taken by a viewer of the Message Boards based on information presented on the Message Boards is at your own risk and could be dangerous or life-threatening.
In using our Message Boards you agree to follow our Community Guidelines that includes these provisions:
Respect everyone's opinions. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. No profanity or explicit content. No posts, including pictures that might be considered “inappropriate.” No posts that could be interpreted as threatening or harassment. No third party solicited advertising or product promotion is permitted (although you may recommend third party products). Rodale has the right to remove a post if it does not meet these standards, but not the obligation to do so. You have the right to edit any of your posts. If you have started a thread (such as a journal) that you want to close, please post a message indicating “THREAD CLOSED”. We do not typically delete threads on request. Understand that posts made by members do not necessarily reflect the views of Rodale and should not be taken as medical advice. Posts submitted to the Sites' Message Boards are not considered confidential. These posts may be used by Rodale for any purpose without requiring permission from the originator.
B. EMAIL RULES: Some of our members will make their email addresses available if they wish to converse with other users with similar interests and/or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Members found using email information in this manner may, at the sole discretion of Rodale, have their Membership cancelled without notice. Rodale is not responsible for the content of email messages sent by its members or from a third party.
C. MONITORING: Notwithstanding anything to the contrary herein, Rodale has no obligation whatsoever to monitor any of the content or postings on the Message Boards or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process, or governmental request and to protect ourselves, our Members, sponsors, users, and visitors.
Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
D. THIRD PARTY CONTENT: Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on the Sites or on sites that are linked to the Sites, including information providers, are those of the respective third parties, and not Rodale. Rodale does not guarantee the accuracy, completeness, or usefulness of any third party content. Furthermore, Rodale neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or on any site that might be linked to the Sites by anyone other than authorized Rodale representatives acting in their official capacity.
4. General Terms and Conditions
A. MINIMUM AGE REQUIREMENTS:
You must be 18 years of age or older to sign up for this program.
B. PERSONALLY IDENTIFIABLE INFORMATION:
C. SUBMISSION POLICY: By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Submission Materials”) or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to Rodale shall be considered fully paid-up and royalty-free. In addition, under no circumstances shall Rodale have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of Rodale's business through a merger, sale, transfer, or license of all or substantially all of the assets of Rodale, nor shall the sale or barter of advertising or sponsorship on any of the Sites or any other product sales give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats, or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Rodale's part and we shall not be liable for any use or disclosure of any such Submission Materials.
D. ACCOUNTS, PASSWORDS, AND SECURITY: If any of the Sites require you to open an account, you must complete the registration process by providing Rodale with current, complete, and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Rodale that is untrue, inaccurate, not current, or incomplete, Rodale reserves the right to terminate this Agreement and your continued access and use of the Sites.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Rodale immediately of any unauthorized use of your account or any other breach of security. Rodale will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Rodale or another party due to someone else using your account or password.
E. PROMOTIONS: Rodale occasionally provides contests, sweepstakes, games, and other Rodale or third party promotions on its Sites. The rules, regulations, and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations, and procedures. Please remember to read the rules carefully before participating.
F. LIMITED LICENSE: Rodale grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
G. PROHIBITED ACTIVITIES: In connection with your use of the Sites, you acknowledge and agree that you will not: (i) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained through the Sites; (ii) access the Sites by any means other than through the standard industry-accepted or Rodale-provided or authorized interfaces; (iii) transmit any message, information, data, text, software, image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity; (iv) impersonate any person or entity, including without limitation, a Rodale official, forum leader, chat room monitor, guide, or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity; (v) post or transmit any material that contains a virus or corrupted data; (vi) delete any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature; (vii) use any of the Sites' communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text); (viii) post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation information such as opinions or notices, commercial or otherwise; (ix) violate any applicable local, state, national, or international law; (x) upload or transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (xi) delete or revise any material posted by any other person or entity; (xii) manipulate or otherwise display the Sites by using framing or similar navigational technology; (xiii) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any Rodale product or service if you are not expressly authorized by such party to do so; or (xiv) use the Sites for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair Rodale's servers or networks, or interfere with any other user's use and enjoyment of the Sites. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, services, accounts, computer systems, or networks connected to Rodale through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.
H. DISCLAIMER OF WARRANTIES: THE SITES, AND ANY CONTENT, TOOLS, PRODUCTS, OR SERVICES DISPLAYED, ACCESSED, OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RODALE AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (ii) ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE, OR COMPLETE; (iii) DEFECTS WILL BE CORRECTED; (iv) THE SITES SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERRUPTION, OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTES, SWITCHES, AND OTHER EQUIPMENT OWNED BY THIRD PARTIES; OR (v) ANY SOFTWARE, SERVICES, SITES, OR SERVER(S) ON WHICH THE SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES IS ENTIRELY AT YOUR OWN RISK.
I. RELEASE: YOU AGREE THAT NEITHER RODALE INC. NOR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS, OR SUPPLIERS (“RELEASED PARTIES”) SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITES OR PARTICIPATION IN AN EVENT. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES, OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SITES OR PARTICIPATION IN AN EVENT. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU BY ANY RELEASED PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
J. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SITES THAT NEITHER RODALE NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO: (i) THE USE OF OR INABILITY TO USE THE SITES; (ii) ANY CONTENT CONTAINED ON THE SITES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES OR PARTICIPATION IN AN EVENT. IN NO EVENT SHALL RODALE'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
K. NOTICES: Rodale may deliver notice to you under this Agreement or any other published policy on the Sites by email, a general notice published on the Sites, or by First-Class U.S. Mail to the street address provided by you at the time you become a member. Rodale will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request. You may give notice to us via email, by certified U.S. Mail postage prepaid, or by nationally recognized overnight courier to the following address:
Rodale Inc. 33 E. Minor Street Emmaus, PA 18098 Attn: General Counsel
L. GEOGRAPHIC LIMITS OF SERVICE: Rodale makes no representation or warranty that the content and materials on the Sites are appropriate or available for use in locations outside the United States, its territories and possessions. Those who choose to access the Sites from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent applicable. Rodale reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites to any person, geographic area, or jurisdiction we so desire.
M. TERMINATION: This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Rodale, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Paragraph may be effective without prior notice to you. In the event of termination, however, those portions of this Agreement that provide for continuing obligations on your part shall survive indefinitely.
N. ASSIGNMENT: You may not assign or transfer your rights or the license granted to you under this Agreement without Rodale's express, prior written consent. Any attempt to assign or transfer your rights or license shall immediately terminate this Agreement and, notwithstanding anything to the contrary herein, you shall forfeit any amounts paid, without a right to a refund.
Rodale may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent.
O. MISCELLANEOUS TERMS AND CONDITIONS: This Agreement constitutes the entire agreement and understanding between you and Rodale and governs your use of the Sites, superseding any prior agreements between you and Rodale. This Agreement and the relationship between you and Rodale shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. You and Rodale irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Lehigh, in the Commonwealth of Pennsylvania, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Rodale to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by Rodale of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. Your continued use of the Site after any changes or updates have been made to this Agreement constitutes your express agreement and consent to be bound by the most recent version of this Agreement.