CHANGES TO THE TERMS
We may modify these Terms at any time. Those modified Terms will become effective immediately after we post them on the Site. You agree to review the Terms posted on the Site each time you access or use the Site so that you are aware of any modifications made to these Terms. If you do not agree to the modified Terms, you are not authorized to access or use the Site. Your failure to comply with these Terms as they may be modified from time to time will constitute breach of contract and may violate our copyright, trademark, and other proprietary and intellectual property rights.
MODIFICATION OF THE SITE
We reserve the right to modify, suspend, and/or discontinue (temporarily or permanently) the Site or any part of the Site from time to time, for any or no reason and without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. We may change the information and materials on the Site from time to time at our sole discretion.
Novant Health Charlotte Marathon and/or Run Charlotte, as applicable, own the Sites and own or have the right to use all of the content on the Sites, including all text, designs, plans, drawings, images, graphics, photographs, video clips, audio clips, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, CAD, and other code and scripts in any format used to implement the Sites (the “Content”), all of which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Absent our express written permission as to particular Content on the Sites, you may use the Content only for informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for personal, informational purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. Except as expressly authorized by these Terms, you may not distribute, publish, download, transmit, modify, create derivative works from, or in any way exploit any of the Content, in whole or in part, without our prior written consent, provided that (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (b) you may store files that are automatically cached by your Web browser for display enhancement purposes, and (c) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by any end user license agreement that we provide for such applications. Additionally, framing pages or parts of pages on the Sites and deep linking to pages in the Sites are prohibited.
We or our affiliates own or license all trademarks, service marks, and trade names on the Sites, including (but not necessarily limited to) “Run Charlotte,” “Novant Health Charlotte Marathon,” “Charlotte Marathon,” the Charlotte Marathon logo, and related logos, unless stated otherwise on the Site. You may not use any of these marks in any manner without our prior express written permission.
Except as expressly provided above, we are not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in any Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of ours or any third party. You obtain no rights in the products, designs, drawings, services, equipment, processes, or technology described on this Site by accessing or using the Site. We and any third party owners retain all of those rights.
If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on us actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to us at the contact information provided below:
12228 Plover Dr.
Charlotte, NC 28269
If you wish to make any use of Content other than as authorized in this section, please contact us at the following e-mail address: email@example.com
Run Charlotte and the Novant Health Charlotte Marathon do not authorize the use of photographs posted on thecharlottemarathon.com or runcharlotte.com. All inquiries for use of the photographs from these websites will be referred to the owner of the materials in question. The owners of the photographs have authorized the use of these photographs by Run Charlotte only.
When you visit the Sites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you be email or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your comments and suggestions about the Site and our products and services, but we do not wish for you to send any confidential or proprietary ideas, suggestions, materials, or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of our products or services or any new products or services. You agree that any information, ideas, suggestions, or materials that you or individuals acting on your behalf send to us via the Sites, including but not necessarily limited to emails, feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, “Unsolicited Information”) will not be considered confidential or proprietary, even if the Unsolicited Information is labeled “Confidential” or “Proprietary.” Further, we will own all Unsolicited Information you submit to us via the Site, and by submitting the Unsolicited Information to us, you irrevocably assign to us all worldwide rights, title, and interest in and to that Unsolicited Information. We will be free to reproduce, use, disclose, and distribute Unsolicited Information to others without limitation or liability. We may use any ideas, concepts, know-how or techniques in the Unsolicited Information for any purpose whatsoever, including developing and marketing products or services that incorporate or otherwise embody Unsolicited Information, without providing any notice, compensation, or attribution to you.
DISCLAIMER OF WARRANTIES
We disclaim all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, and availability of information and material contained on the Site. The Site may contain inaccuracies or typographical errors. We disclaim any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. We do not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. We and our content providers cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data.
THE SITE, AND THE PRODUCTS AND SERVICES PROVIDED VIA THE SITE, ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. WE DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE, OR ABSENCE OF VIRUSES.
IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING THAT MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL NHCM, RUN CHARLOTTE, OR ITS AFFILIATES, ITS DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE CONTENT (COLLECTIVELY, THE “SITE PROVIDERS”) OR THE PRODUCTS AND PLANS ADVERTISED ON THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, AND LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM US, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE PROVIDERS, (D) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF SOME OR ALL OF THE SITE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (E) YOUR USE OF THE SERVICES PROVIDED IN CONNECTION WITH OR RELATED TO THE SITE. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY ACCESS OR USE OF ANY INFORMATION, IDEA, OR INSTRUCTION IN THE CONTENT, THE PRODUCTS, OR THE SERVICES PROVIDED ON THE SITE. YOU SPECIFICALLY AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY BASED ON ANY CLAIMS WHATSOEVER IN ANY WAY RELATING TO YOUR USE OF THE SITES AND SERVICES PROVIDED IN CONNECTION WITH THE SITES WILL BE THE REFUND OF ANY MONEYS THAT YOU HAVE PAID TO US.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless NHCM, Run Charlotte, and our affiliates, licensors, Site Providers, and service providers, and our and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Site, (b) user content you submit, post to, or transmit through the Site, (c) your violation of any rights of any other company or person in connection with this Site, (d) your use of the products or services in connection with the Site, or (e) your violation of these Terms.
These Terms will be governed by the laws of the State of North Carolina, excluding its conflicts of law provisions. All actions and proceedings relating to the Site or the Content will be commenced and heard exclusively in the state courts of North Carolina located in Mecklenburg County, North Carolina, or the United States District Court for the Western District of North Carolina, and you consent to the jurisdiction of those courts.
LIMITATION ON THE TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR YOUR PURCHASE AND USE OF ANY PRODUCTS OR SERVICES FROM THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
SEVERABILITY AND WAIVER
The invalidity of any term, condition, or provision of these Terms will not affect the enforceability of the remaining portions of these Terms. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
The information that we collect in connection with the Sites is controlled by Run Charlotte, which is headquartered in the United States at 12228 Plover Dr. Charlotte, North Carolina, 28269. As a result, such information may be transferred to and processed in the United States, as described in the section below titled “Information for Individuals Outside the United States.”
INFORMATION THAT WE COLLECT
We and our service providers collect a variety of information through the Sites, including:
- Account and profile information. We collect information when you create an account or edit your profile, such as your name, username, password, email address, demographic category information you choose to provide, race history, and volunteer experience.
- Event registration or volunteer information. We collect information when you register or volunteer for a race or other event, such as your name, address, email address, phone number, country of residence, citizenship, age or date of birth, gender, race history and experience, club affiliation, occupation, and other demographic categories you choose to provide, emergency contacts, and self-reported disability status, proof of disability, or other health-related information that you provide directly to us as necessary for participation in a race or other event. Our third-party service providers may also collect your payment card information when you submit your registration.
- Race activities and results. We collect information when you participate in a race or other event that we organize. For example, we may collect information about your real-time location during a race (such as your progress along the course), your race times and splits, and your finishing results. We may share this information with the general public through our Sites, as described in the section below titled “How We Share Information.”
- Information you provide to us directly or through the Sites. We collect information that you provide to us directly or through the Sites, such as when you post questions or comments, respond to surveys, or communicate with us.
- Information collected automatically. When you use our Sites, we or our third-party service providers may automatically receive and record certain information. For example, this may include your device’s IP address, user-agent string, information about your use of the Sites during your current session and over time (including the pages you view and the files you download), the date and time of your visit, links you click, searches conducted, the website visited before navigating to the Sites, your software and hardware attributes (including browser and operating system type and version, App version, device type, and device identifiers), and your general location inferred from IP address. To obtain such information, we or our third-party service providers may use the following technologies to recognize your device and collect information about your use of the Sites:
- Server logs. When you use the Sites, we automatically receive and record certain information from your computer (or other device) and your browser. To obtain such information, we may use server logs or applications that recognize your device and gather information about its online activity.
- Web beacons, tags, pixels, and similar technologies. The Sites or the emails that you receive from us may use an application known as a “web beacon” (also known as a “tag” or “pixel”) and similar technologies. Web beacons are small strings of code that provide a method for delivering a graphic image on a web page or in an email message for the purpose of transferring data. For example, it may allow an email sender to determine whether a user has opened a particular email.
- Mobile advertising IDs. We may use mobile advertising identifiers (such as Apple’s IDFA or Google’s Advertising ID) to collect information for analytics purposes, as described in the section below titled “Third-Party Analytics.”
HOW WE USE THE INFORMATION WE COLLECT
We and our service providers use the information that we collect for a variety of purposes, including:
- Providing the Services on our Sites. To provide our services to you, organize races and events, fulfill the terms of any agreement you have with us, respond to your requests, and for other purposes related to managing our organization;
- Communicating with you. To communicate with you regarding your account, events for which you have registered or volunteered, important updates regarding our Sites, and other administrative issues;
- Sending newsletters or other promotional messages. To send you newsletters or other promotional messages regarding our Sites and/or our services and the events that we organize;
- Enabling community features. To allow you to ask questions, post comments, and communicate with other users of the Sites;
- Tailoring our content and advertisements. To tailor content on the Sites and target our advertising;
- Conducting analytics and improving our services. To count and recognize visitors to the Sites, analyze how visitors use the Sites, improve the Sites, create new products and services, and conduct analytics, including as described in the section below titled “Third-Party Analytics”;
- Compiling aggregated and de-identified information. To compile aggregated and de-identified statistics or reports that we may share with our partners or other third parties;
- Legal purposes. For legal or other necessary purposes, including as described below in the section below titled “How We Share information.”
HOW WE SHARE INFORMATION
We share information with third parties for a variety of reasons, including as follows:
- Other users of the Sites. We may allow you to share information directly with other users of the Sites. For example, if you post questions or comments to other users through the Sites, add information to your profile, respond to surveys, or use other features of the Sites, then your questions, comments, profile, or other information may be seen by other users of the Sites. Please ensure when using these features that you do not submit any information that you do not want to be shared with other users or the public.
- Our partners. We may share information about final race results with our partners, including other non-profit organizations, sports organizations, or researchers who may use the final race results to confirm race eligibility/disqualification, generate reports, or conduct academic research.
- Live updates and final race results. If you participate in a race that we organize, we may share certain information about you with the general public. For example, we may share your name, age group, gender, state and country of residence, and final race results through our Sites. We also may share your real-time location during a race (such as your progress along the course), race times and splits, and final results so that others can track your progress.
- Legal purposes. We may use or share your information with third parties when we believe, in our sole reasonable discretion, that doing so is necessary:
- To comply with applicable law or a court order, subpoena, or other legal process;
- To investigate, prevent, or take action regarding illegal or prohibited activities, suspected fraud, violations of our rules or terms and conditions, or situations involving threats to other athletes, volunteers or users, our property, or the property or physical safety of any person or third party;
- To establish, protect, or exercise our legal rights or defend against legal claims.
- Organizational transfers. We may share your information with third parties to facilitate the financing, securitization, insuring, merger, acquisition, sale, assignment, bankruptcy, or other disposal of all or part of our organization or assets.
- Aggregated and de-identified information. We may share aggregated and de-identified information with third parties, such as by publishing or sharing reports with third parties about trends in the usage of the Sites.
Please note that our Sites do not respond to browser Do Not Track signals at this time.
THIRD-PARTY LINKS, WEBSITES, AND APPS
DATA SECURITY AND RETENTION
Run Charlotte and the Novant Health Charlotte Marathon use reasonable physical, technical, and administrative safeguards to protect your information against loss or unauthorized access, use, modification, or deletion. However, no security program is 100% secure, and thus we cannot guarantee the absolute security of your information. We also cannot guarantee that information you transmit to us over the Internet will not be intercepted.
YOUR RIGHTS AND CHOICES
Run Charlotte and the Novant Health Charlotte Marathon provide you with choices to review, access, and update your information or to exercise your data protection rights, as follows:
- If you no longer want to receive our newsletters or other promotional communications from us, please follow the “unsubscribe” instructions that are included at the bottom of each message. Please note that if you unsubscribe from our promotional communications, you will still receive administrative messages from us.
- If you are a California resident under 18 years of age and a registered user of our Sites, you may request that we remove content and information that you post on our Sites. To obtain removal of such content and information, please send us an email to firstname.lastname@example.org with a short description of the content or information you would like to have removed. Please note that such a request does not necessarily ensure complete or comprehensive removal of content posted by you, since the content and information may remain in our or our service provider’s databases, may remain visible in a manner that does not identify you, or may have been re-posted by another user.
- You may have additional rights under applicable laws to request access to, correction of, deletion of, or restrictions on the processing of certain information. You also may have rights under applicable laws to opt out of or withdraw consent to further processing, request copies of your data, or lodge a complaint with a data protection authority in your jurisdiction. To make such request and/or inquire about such rights, please send us an email to email@example.com with “Attn: Privacy/Legal” in the subject line. For your protection, we may only implement requests related to information that we have associated with the email address you use to send us your request, and we may need to verify your identity before implementing your request.
INFORMATION FOR INDIVIDUALS OUTSIDE OF THE UNITED STATES
We may implement standard contractual clauses, contractual arrangements, or other mechanisms, as appropriate, to safeguard your information during such cross-border transfers. We also may transfer information to the United States or another country as necessary for the performance of our agreements with you or to establish, exercise, or defend legal claims.
The Sites are not intended for nor directed to individuals that are deemed to be children under applicable data protection or privacy laws, including but not necessarily limited to individuals under the age of 13, without the prior consent and ongoing supervision of a parent or guardian By using the Site, you represent and warrant to us that you are over the age of 13 and that you meet the applicable age requirement under relevant data protection and privacy laws. We will not knowingly collect personally identifiable information via the Site from visitors under the age of 13 and will take prompt steps to delete any such personally identifiable information if notified that any has been inadvertently collected. We request that such individuals do not provide information to us through any of the Sites.
We generally ask that you not send us, and you not disclose, any sensitive information (e.g., social security numbers, financial account information, information related to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, or sexual orientation) on or through the Sites or otherwise to us, except for self-reported disability status, proof of disability, or other health-related information that you provide directly to us as necessary for participation in a race or other event. In some circumstances related to your account, you may have the option to provide us with information, such as your ethnicity, which we will only collect and process with your consent. None of this sensitive information will be shared with third parties, except in the aggregate and never in a form that is attributable to an individual, and you will always have the option to decline to share such sensitive information with us.
CHANGES TO THIS POLICY