Terms and Conditions of Use
Updated October 2020
We hope you love using the Jointpain101.com website. This document contains important information that you need to consider before using our site or making important decisions based on our information.
Please note that our website content are under constant development. New content and services are added frequently, and this agreement may, therefore, be modified and updated on an ongoing basis. It is important to check back to this page regularly.
** “We” indicates
General Rules
Your use of this website and associated products and services, regardless of media, is subject to the terms, conditions, and disclaimers set forth below. In addition, we reserve the right to terminate access to this website , believes to be in the interest of the company and some or all its users and customers. We reserve the right to modify these disclaimers, terms, and conditions of access, without advance notice.
This is a binding contract between RunBionic, LLC and you. By accessing our RunBionic properties, you hereby accept this agreement. As a material condition of such use, you warrant that you are over the age of thirteen (see Eligibility below) and that you have provided accurate and complete information in any communication with RunBionic, LLC. In addition, you consent to the information practices disclosed in our RunBionic, LLC Privacy Policy, which is incorporated herein by reference, and you consent to resolve any conflict or dispute you may have with us in the State of California. If you are registering an account, profile or other services in one of the RunBionic properties on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual’s or entity’s behalf.
Please note that we offer the RunBionic properties “AS IS” and without warranties.
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) provided to you on RunBionic properties (including Information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate medical care from a qualified practitioner.
Access
You may use RunBionic properties free of charge for your personal, non-commercial use only. Use of RunBionic properties does not create a professional services relationship or any other relationship with RunBionic, LLC.
You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of RunBionic properties nor transfer to or store any data residing or exchanged over RunBionic properties in any electronic network for use by more than one user unless you obtain prior written permission from RunBIonic, LLC. Specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from RunBionic properties. Information about requesting permission to reproduce or distribute materials from RunBionic properties can be found in our in our linking policy.
For any images, text, data or other information (referred to here as “Content”) you submit to Runbionic, LLC or its properproperties (including profile information, Facebook Group posts, blog posts, comment areas, and any e-mail) you affirm, represent and warrant that you own the right to utilize, to license and to sublicense the Content and you grant to RunBionic, LLC, and anyone authorized by RunBionic, LLC, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, assign, display, distribute, perform, reproduce in whole or in part, and modify the Content in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you, for the sole intended purpose of RunBionic properties and/or services provided. You also grant to each user of RunBionic properties a non-exclusive license to access the Content through RunBionic properties and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of RunBionic properties and under this Agreement.
For any content you post that you do not own, you guarantee to us that you have the legal right to post such Content and that it will not violate any law or the rights of any person or entity. You will not post content on RunBionic, LLC, RunBionic properties you do not own without permission of the owner of the content, including written, photographic, music and video formats.
About RunBionic, LLC
We Do Not Provide Medical Advice
The Information that you obtain or receive from RunBionic, LLC, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on RunBionic properties is for informational purposes only. All published medically related information is reviewed by independent health care professionals and organizations working in conjunction with RunBionic, LLC. All information is (i) provided by independent health care professionals and organizations, (ii) for informational purposes only, and (iii) do not establish any patient/doctor relationship.
THE INFORMATION PROVIDED ON THE SITE AND IN ANY OTHER COMMUNICATIONS FROM/OR PROVIDED THROUGH RUNBIONIC, LLC IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OUR SITES. DO NOT USE OUR SITES FOR EMERGENCY MEDICAL NEEDS.
IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911.
YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, doctors, health care providers, procedures, opinions, or other information that may appear on RunBionic properties. If you rely on any of the Information provided by the Site, you do so solely at your own risk.
No Doctor-Patient Relationship
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF OUR SITES OR THROUGH ANY OTHER COMMUNICATIONS FROM RUNBIONIC, LLC INCLUDING, BUT NOT LIMITED TO, THE “FIND A PROVIDER” AND/OR LINKS TO OTHER RUNBIONIC PROPERTIES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.
WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, AND QUALITY OF WORK OR OTHER INFORMATION HEREIN. Furthermore, WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. RUNBIONIC, LLC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
- You are strongly advised to perform your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular doctor, or other health care provider (“Provider”) by confirming with the Provider’s office, your current Provider, the medical association relative to the Provider’s specialty and your state medical board.
Editorial Control Disclaimer
We make RunBionic properties available as a service to consumers and Providers for the purposes of offering an informative and educational resource. We may, but have no obligation to, have Information posted on the RunBionic properties reviewed by our editorial personnel and/or medical advisors. It is important to note, the timeliness and accuracy of any or/or all the information published and/or disseminated in any way are not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of the Site(s) information can assure you that the Information contained herein is in every respect accurate and/or complete, and RunBionic, LLC, VH employees, directors, shareholders and medical advisors are not responsible for any errors or omissions or for the results obtained from the use of such Information.
You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician.
Intellectual Property
RunBionic, LLC and RunBionic properties, its editorial content, text, images and videos contained on RunBionic properties and in RunBionic, LLC’s products are protected by United States trademark, copyright law and all other applicable laws and are the property of RunBionic, LLC, except as otherwise identified. All copyrights and trademarks not the property of RunBionic, LLC that are used or referred to in RunBionic properties and products are the property of their respective owners. Nothing contained in RunBionic properties or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of RunBionic, LLC or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law. If you are a copyright owner and believe infringing material is present on any of RunBionic properties, please refer to the procedures outlined below in the section titled “RunBionic, LLC, Sites DMCA Copyright Infringement Claim Policy.”
RunBionic, LLC’s products, including third party and licensed materials on the site, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from RunBionic, LLC.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur during or relating to your use of RunBionic properties, and you agree not to engage in unacceptable use of RunBionic properties, which includes, without limitation, use of RunBionic properties to:
- Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
- Post or transmit any Content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
- Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
- Impersonate any person or entity (including RunBionic property agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by RunBionic properties for such purpose;
- Disseminate or transmit any Content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary rights; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt RunBionic properties, or servers or networks connected to RunBionic properties; or disobey any requirements, procedures, policies, or regulations of networks connected to RunBionic properties;
- Post any Content related to partisan political campaigning or fundraising;
- Express or imply that any statements you make are endorsed by us;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of RunBionic properties;
- Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, RunBionic properties or the contents (except as expressly permitted by RunBionic, LLC);
- Remove any copyright, trademark or other proprietary rights notices contained in RunBionic properties;
- “Frame” or “mirror” any part of RunBionic properties; or
- Engage in any other activity deemed by RunBionic, LLC, to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.
You understand that by using RunBionic properties, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.
Content and Non-Endorsement
Opinions and other statements expressed by users and third parties are theirs alone, not opinions of RunBionic, LLC. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. RunBionic properties and third parties may provide links to web pages, web sites, and various resources or locations on the web. RunBionic, LLC has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.
Linking Policy
This is an Agreement between RunBionic, LLC, Health, LLC and “Linking Party”, the individual or entity who agrees and accepts the following terms and conditions of this Agreement. “Linking Party” means the responsible party of the website linking to RunBionic Properties:
- OWNERSHIP, IDENTIFICATION & USE
- As between RunBionic, LLC and Linking Party, all right, title and interest in and to all trademarks, copyrights, design, look and feel, including without limitation the “RunBionic, LLC” trademark, content, graphics and other materials of any type appearing on or in the RunBionic, LLC Websites and all technology related thereto (the “RunBionic, LLC materials”) are owned by RunBionic, LLC and subsidiaries
- Linking Party acknowledges that RunBionic, LLC retains all right, title, and interest in and to the RunBionic, LLC trademark and all associated goodwill. Linking Party represents and warrants that it will use the RunBionic, LLC materials solely as provided in this Agreement, and will not use the RunBionic, LLC materials in any manner that will diminish or otherwise damage RunBionic, LLC goodwill in the RunBionic, LLC materials. Linking Party agrees that all use of the RunBionic, LLC materials will inure to the benefit of RunBionic, LLC. Linking Party shall promptly notify RunBionic, LLC of any suspected infringement of or challenge to the RunBionic, LLC materials. RunBionic, LLC shall have the sole right to, and in its sole discretion may commence, prosecute, or defend, and control any action concerning the RunBionic, LLC materials.
- QUALITY CONTROL
- Linking Party agrees to maintain the quality of the Linking Party Website such that its content and activities conducted on such website remain current, in good taste, compliant with all applicable laws, rules, and regulations and appropriate for users of RunBionic, LLC Websites. Linking Party will not violate or infringe any right of any third party in connection with the operation of the Linking Party Website.
- UPDATES AND CONTACT FROM RUNBIONIC, LLC
- From time to time, RunBionic, LLC and its’ subsidiaries may modify, update or otherwise change URL’s and/or the content and the way it is displayed on its website without prior notice to Linking Party.
- INDEMNIFICATION FROM LINKING PARTY
- Linking Party agrees to indemnify, defend (at RunBionic, LLC’s option) and hold RunBionic, LLC and its affiliates, and their respective officers, directors, agents, and employees, harmless from and against any and all liability, damages, losses, expenses (including attorneys’ fees and expenses and allocable costs of in-house counsel), claims, demands, suits, fines or judgments, and costs and expenses incidental thereto, which may be suffered by, accrued against, charged to or recoverable from RunBionic, LLC or any of its affiliates, or any of their respective officers, directors, agents or employees, arising out of or resulting from: (i) a claim that the Linking Party Website, or any other materials (tangible or intangible) provided by Linking Party to RunBionic, LLC and subsidiaries hereunder or any portion or use thereof, infringes or misappropriates any patent, copyright, trade secret, trademark or other proprietary rights; or (ii) claims regarding the performance, nonperformance, or defect in performance of the Linking Party Website or items found on or through such website, or any statement, misstatement, representation or misrepresentation made by Linking Party. RunBionic, LLC, may terminate this Agreement immediately if the other party has failed to perform or abide by any of its obligations under this Agreement.
- RunBionic, LLC may, in its absolute discretion, immediately terminate links if it determines that Linking Party or Linking Party’s Website would or would tend to: (i) violate or infringe the copyright, trademark or other rights of third parties, or any other law, court order, governmental regulation or other rulings of any governmental agency or entity; (ii) subject RunBionic, LLC to any liability; or (iii) jeopardize RunBionic, LLC ability to protect its rights or its property in the manner it deems appropriate.
- In the event this Agreement is terminated; Linking Party must immediately cease all use thereof and cease all linking to the RunBionic, LLC, Websites.
- No Entitlement.Linking Party is not entitled to share in and has no claim to any subscription, advertising or other revenues RunBionic, LLC, may realize in connection with the RunBionic, LLC, Website.
Employment Opportunities
RunBionic, LLC may advertise employment opportunities on RunBionic properties and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to RunBionic, LLC in response to employment listings, you are authorizing RunBionic, LLC and its service providers to utilize this information for all lawful and legitimate hiring and employment purposes. RunBionic, LLC also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries, affiliates, vendors and service providers for legitimate business purposes. Nothing in this Agreement or contained in RunBionic properties shall constitute a promise by RunBionic, LLC to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in RunBionic properties constitute a promise that RunBionic, LLC will review any or all of the information submitted to it by users.
RunBionic, LLC, DMCA Copyright Infringement Claim Policy
RunBionic, LLC respects the intellectual property of others and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. RunBionic, LLC has the right to prohibit infringers from using our RunBionic properties.
If you believe your work has been copied and posted on or through RunBionic properties in a way that constitutes copyright infringement, please send RunBionic, LLC’s Copyright Agent a notification of claimed infringement with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on RunBionic properties (providing the URL(s) of the claimed infringing material satisfies this requirement);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
RunBionic, LLC’s Copyright Agent for notification of claimed infringement can be reached as follows: email ask@runbionic.com.
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described above, RunBionic, LLC, will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on RunBionic, LLC’s Site or Mobile Content. No personal user information is shared with the copyright owner unless required by law.
If RunBionic, LLC, receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” RunBionic, LLC reserves the right to terminate the accounts of “repeat copyright infringers” and /or take all legal action available to RunBionic, LLC to prevent further infringement and to recoup any damages as a result of the said infringement.
Procedure to File a DMCA Counter-Claim
If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with RunBionic, LLC’s designated agent.
To be effective, a Counter-Claim must be a written communication provided to RunBionic at ask@runbionic.com and must include the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The user’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person;
- A physical or electronic signature of the user;
Upon receipt of a DMCA Counter-Claim, RunBionic, LLC, will provide the complaining party with a copy of the DMCA Counter-Claim. When RunBionic, LLC, receives a Counter-Claim that meets the requirements of the DMCA, RunBionic, LLC will process the Counter-Claim in accordance with the requirements of the DMCA.
Limitation of Liability and Use
RunBionic, LLC has worked to ensure the accuracy of the information it provides through its products and services, including through RunBionic properties. This information frequently relies on data obtained from many sources, however, and RunBionic, LLC cannot guarantee the accuracy of the information provided or any analysis based thereon.
IN NO EVENT WILL RUNBIONIC, LLC BE LIABLE FOR ANY INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE RUNBIONIC, LLC WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RUNBIONIC, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSLY AGREE THAT THE USE OF RUNBIONIC, LLC’S PRODUCTS, AND SERVICES, INCLUDING RUNBIONIC PROPERTIES, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND RUNBIONIC, LLC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RUNBIONIC, LLC DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH RUNBIONIC PROPERTIES OR FROM RUNBIONIC, LLC, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM RUNBIONIC, LLC NOT EXPRESSLY STATED IN THIS AGREEMENT.
EXCEPT AS OTHERWISE STATED, RUNBIONIC, LLC MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS RUNBIONIC PROPERTIES OR ANY WEB SITE LINKED TO RUNBIONIC PROPERTIES. YOU AGREE THAT NEITHER RUNBIONIC, LLC NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO RUNBIONIC PROPERTIES, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER RUNBIONIC, LLC NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO RUNBIONIC PROPERTIES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
RUNBIONIC, LLC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER RUNBIONIC, LLC MONTHLY WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, RUNBIONIC, LLC’S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.
RunBionic, LLC assumes no responsibility or liability arising from the content of RunBionic properties nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within RunBionic properties or accessed through RunBionic properties. RunBionic, LLC also does not warrant that the functions or informational materials contained in or accessed or downloaded through our RunBionic properties are free of computer viruses or other harmful components. In addition, although we make a good faith effort to update the content of our RunBionic properties periodically, we do not have a duty to update information contained in our RunBionic properties, and we will not be liable for any failure to update such information.
RunBionic properties make no representation that information content provided on RunBionic properties is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
Indemnification
You agree to indemnify, defend and hold RunBionic, LLC its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms of Service; (b) any allegation that any Content or other materials you submit to us or transmit to RunBionic properties infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with RunBionic properties. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.
Entire Agreement
These Terms and Conditions of Use and any supplemental terms, policies, rules, and guidelines posted on RunBionic properties, and the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of RunBionic, LLC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Severability
If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.
Choice of Law and Dispute Resolution
If you attempt to bring any legal action against RunBionic, LLC, based in any way on its products or services, including RunBionic properties, you agree that, in the event you do not prevail or RunBionic, LLC does prevail, you will reimburse RunBionic, LLC for any costs and attorney fees associated with their defense of the action.
Regardless of the jurisdiction in which you work or reside, this Agreement is made in the State of Illinois and shall be construed and enforced in accordance with Illinois law without giving effect to the state’s conflicts of law statute. The Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule may apply to any health-related information you provide to RunBionic, LLC, and in which cases federal HIPAA Privacy Rule govern.
ANY ACTION ARISING OUT OF THIS MATERIAL OR ANY ACTION TO ENFORCE THIS AGREEMENT WILL BE BROUGHT ONLY IN THE FEDERAL OR STATE COURTS PRESIDING IN ILLINOIS, U.S.A., AND YOU EXPRESSLY AGREE TO BE SUBJECT TO THE JURISDICTION OF SUCH COURTS. AND SUCH AGREEMENT IS AN EXPRESS CONDITION TO USE RUNBIONIC, LLC WEBSITES.
Outside the United States
RunBionic properties and our related products and articles are controlled and operated by RunBionic, LLC from its offices within the United States. We make no representation that the products on our RunBionic properties, the services provided on our RunBionic properties or the editorial information on our RunBionic properties is appropriate or available for use outside of the United States. Your access to this information is prohibited services where RunBionic, LLC website content, products or services is illegal. Those who choose to access this from locations outside the United States do so of their own volition and are responsible for compliance with applicable local laws.
Assignment
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.
Eligibility
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Services, in compliance with the Children’s Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have the authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.
Electronic Contracting and Notices
Your affirmative act of using our site(s) and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use, which includes our Privacy Policy, and your consent to enter into agreements with us electronically.