Website Terms & Conditions

Welcome to NYCRUNS. Thank you for visiting our website and we are glad you are here. These are our Website Terms of Use (“Terms of Use”), which describe for you the terms, conditions, and rules applicable to your use of and access to our website located at https://nycruns.com, https://runthisone.com, or any other New York City Runs, Inc. website that displays a link to these Terms of Use (the “Website”). These Terms of Use do not apply to any other website, service, or application of NYCRUNS, or any websites, services, or applications linked to or from the Website. In these Terms of Use, New York City Runs, Inc. is sometimes referred to simply as “NYCRUNS,” “we,” “our,” or “us.”

These Terms of Use form a legally binding agreement between NYCRUNS and you, so please read them carefully. By accessing and/or using the Website, you are expressly agreeing to comply with and be bound by these Terms of Use and NYCRUNS's Privacy Policy, as well as all applicable laws and regulations. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE AND MUST NOT ACCESS OR USE THE WEBSITE. NYCRUNS may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the Website indicates your agreement with any such changes.

You further understand and agree that any updates, enhancements or added features of the Website or services shall be made part of these Terms of Use.

  1. Use of the Website

The Website is made available for use in the United States. Although the Website is accessible worldwide, it is not necessarily appropriate for use outside the United States. Your use of the Website and any function or service on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. The Website may be modified, updated, interrupted, suspended, or discontinued at any time in whole or in part without notice or liability.

  1. Content

As between you and NYCRUNS, we own “Our Content,” which includes, but is not limited to, all text, graphics, logos, button icons, images, audio clips, visual interfaces, interactive features, computer code, and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), and all other elements and components of the Website, excluding any third party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with Our Content, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You further acknowledge and agree that Content contained in sponsor advertisements is similarly protected. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, rent, lease, loan, sell, or in any way exploit any of Our Content or advertisers’ content displayed on the Website, in whole or in part, except as expressly authorized by us or by such advertisers. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to Our Content are retained by us.

NYCRUNS trademarks identify NYCRUNS products and services, and let the public know the source of those products and services. You may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to NYCRUNS. Other uses require written permission from NYCRUNS, and absent such express permission, you agree not to use or display the NYCRUNS trademarks in any manner.

  1. Acceptable Use

NYCRUNS has established certain basic requirements for the use of the Website and we require you to adhere to them. The purpose of these requirements is to set forth how you may use the Website and certain behavior and actions that are prohibited. NYCRUNS hereby authorizes you to view, copy, download, and print for personal use only any NYCRUNS-owned content on the Website, subject to the following conditions.

When using the Website, you are not allowed to upload or share anything that:

  • Is sexually explicit or pornographic, creates a genuine risk of physical injury or property damage, or promotes self-harm or drug abuse;
  • Attacks, bullies, or harasses or includes hate speech;
  • Infringes anyone’s intellectual property, privacy, or other rights;
  • Is fraudulent or deceptive; or
  • Contains any information or content that is illegal or knowingly false.

Further, you are not allowed to:

  • Access, tamper with or use non-public areas of the Website;
  • Transmit any harmful or disruptive content, including viruses, worms, malware, or other material that is malicious or technologically harmful;
  • Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks;
  • Use any undocumented or unsupported method to access, search, scrape, download or change the Website;
  • Try to interfere with any other Website visitor;
  • Impersonate any person or entity or falsely state your affiliation with any person or entity;
  • Use an inappropriate member name of any kind;
  • Do anything that violates applicable law or regulations;
  • Otherwise attempt to interfere with the proper working of the Website; or
  • Encourage or help anyone do any of the things on this list.

AUTOMATED ACCESS AND DATA SCRAPING PROHIBITED. In addition to the above prohibited activities, you may not use any automated system, software, script, or robot—including but not limited to web crawlers, bots, spiders, scrapers, or automated data extraction tools—to access, interact with, or extract data from the Website for any purpose without our express written permission. By using the Website, you agree not to:

  • Deploy, run, or facilitate automated scripts or bots to access or interact with the Website;
  • Use any software, device, or manual process to scrape, harvest, copy, or monitor any data, content, or materials from the Website;
  • Circumvent or attempt to bypass any security measures or access controls in place to prevent unauthorized access to the Website or its data; or
  • Interfere with, disrupt, or impose an unreasonable load on our servers, systems, or networks.

We reserve the right to take legal action against any individuals or entities engaging in unauthorized data scraping, automated access, or other prohibited activities. Any violation of this section may result in immediate suspension or termination of your access to the Website and may subject you to further legal consequences.

  1. Notification of Claims Infringement

NYCRUNS respects the intellectual property of others, and we ask our content partners and NYCRUNS members to do the same. A copyright owner or an agent thereof who believes that content infringes upon such copyright owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing NYCRUNS’s Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Copyright Agent to locate the material;
  • Information reasonably sufficient to permit the Copyright Agent to contact the owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that the owner has 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
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the copyright owner or its agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NYCRUNS’s designated Copyright Agent to receive notifications of claimed infringement may be contacted at: 168 9th St, Brooklyn, NY 11215r via email at [email protected].

NOTE: If the owner or its agent fails to comply with all of the requirements of this section, the DMCA notice may not be valid.

  1. User Submissions

Should you choose to submit any ideas, suggestions, documents, and/or proposals ("Submissions") to NYCRUNS through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) NYCRUNS is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) NYCRUNS shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) NYCRUNS may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of NYCRUNS without any obligation of NYCRUNS to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from NYCRUNS under any circumstances.

  1. Links; Third Party Services; Promotional Messages

Third Party Sites. As a convenience to our members, we may provide links to third-party websites. The linked websites are not under our control, and we make no representations as to the quality, suitability, functionality, or legality of any websites to which we may provide links. If you access any such third party website, service, or content, you do so at your own risk and subject to the terms and conditions of use of such third-party websites. You agree that NYCRUNS will have no liability arising from your use of or access to any third-party website, service, or content.

Third Party Services. In addition, you may order services or merchandise through the Website from other persons not affiliated with NYCRUNS ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the Website. All matters concerning the merchandise and services desired from a Seller, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the Seller. NYCRUNS makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider NYCRUNS, nor will NYCRUNS be construed as, a party to such transactions, whether or not NYCRUNS may have received some form of revenue or other remuneration in connection with the transaction. You agree that NYCRUNS will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.

Promotional Messages. NYCRUNS and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. NYCRUNS makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither NYCRUNS nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from NYCRUNS, such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the Website and services and that you may not be able to opt out of receiving such communications in every instance.

  1. Registration and Password

You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify NYCRUNS of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable district. You also agree to: (i) provide true, accurate, current, and complete information about yourself as submitted to NYCRUNS, and (ii) maintain and promptly update your registration information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NYCRUNS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NYCRUNS has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Website or related products and services (or any portion thereof).

  1. Parental Consent Required for Registration of Children

NYCRUNS makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of sixteen (16) who wish to register their children for NYCRUNS accounts or services are required to provide their consent for any such registration. By creating such a registration involving your child under the age of sixteen (16), you certify that you are the parent or legal guardian of the child/children listed on the registration.

  1. Privacy

Through your use of the Website and related services, you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including the transfer of this information to the United States and/or other countries for storage, processing and use by NYCRUNS and its affiliates.

  1. Payment

Credit Card Authorization. By registering for events and/or services through the Website, you hereby authorize NYCRUNS to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service and registration for your account. You hereby understand and agree that in most cases, NYCRUNS will be charging your designated credit card in accordance with the payment schedule of the event and/or service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify NYCRUNS of any changes to your credit card or if your credit card has expired. All fees shall be paid in U.S. dollars.

Fees. With your prior approval, NYCRUNS reserves the right to charge fees, surcharges and/or membership fees at any time. In addition, NYCRUNS reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a service for which NYCRUNS does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after NYCRUNS posts such modification on the Website. NYCRUNS also has the right to collect applicable taxes and impose premium surcharges for some areas of the service and these surcharges may apply immediately after you register for the associated service. You may cancel your account, or any associated optional or upgraded services, at any time, but NYCRUNS will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.

  1. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, AND ALL INCLUDED CONTENT, APPLICATIONS, AND TECHNOLOGIES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NYCRUNS AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE WEBSITEOR OTHERWISE PROVIDED BY NYCRUNS IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER NYCRUNS NOR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. NYCRUNS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED ON THE WEBSITE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE WEBSITE.

NYCRUNS MAKES NO WARRANTY THAT THE WEBSITE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NYCRUNS DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE WEBSITE. NYCRUNS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

  1.  Limitation on Liability

NYCRUNS, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NYCRUNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH NYCRUNS; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY NYCRUNS; (E) PERSONAL INJURY NOT CAUSED BY NYCRUNS'S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (H) ANY OTHER MATTER RELATING TO THE WEBSITE, OR NYCRUNS PRODUCTS OR SERVICES. YOU AGREE THAT NYCRUNS'S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY NYCRUNS FROM YOU.

  1. Indemnification

You agree to defend, indemnify and hold harmless NYCRUNS, its subsidiaries, and each of their affiliates, directors, officers, agents, partners, contractors, licensors, licensees and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of: your use of NYCRUNS's services; the Website; any other websites accessed from or affiliated with the Website; any products purchased off of the Website or websites available from or related to the Website; the use by you of any training programs purchased through NYCRUNS; your violation of these Terms of Use and/or the NYCRUNS Privacy Policy; content you submit, post, transmit or otherwise make available through the Website; or any other infringement committed by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

  1. Termination

NYCRUNS reserves the right, in its sole discretion, to immediately, and without any prior notice, suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access the Website and/or any other service provided to you by NYCRUNS upon: (a) any breach by you of these Terms of Use and/or the NYCRUNS Privacy Policy, or upon your demonstration of conduct that NYCRUNS determines to be inappropriate; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Website and/or NYCRUNS services (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the services.

Where your account or registration with NYCRUNS is terminated, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by NYCRUNS as part of your use and registration of the Website. NYCRUNS shall not be required to refund, redeem, or pay any such amounts to you, and you shall remain liable to NYCRUNS for any charges, fees, commitments, and obligations incurred by you prior to such termination. All records, information, messages, content, and other information related to your registration and account may also be deleted by NYCRUNS in its sole discretion without any notice or liability to you. NYCRUNS shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the Website and/or NYCRUNS services.

  1. Applicable Law; Consent to Jurisdiction

The Website (excluding linked third-party websites) is controlled by NYCRUNS from its offices within the State of New York, United States of America. The Website can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing the Website, both you and NYCRUNS agree that the laws of the State of New York, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Website.

You agree that exclusive jurisdiction for any dispute with NYCRUNS, or in any way relating to your membership or use of NYCRUNS services, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any dispute including any claim involving NYCRUNS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

  1. Miscellaneous

Modifications. NYCRUNS reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, these Terms of Use, the Website, and/or NYCRUNS services (or any part thereof), with or without notice. NYCRUNS shall not be liable to you or to any third party for any modification, suspension, or discontinuance.

No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Severability. If any provision of these Website Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NYCRUNS without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Authority to Register. You represent to NYCRUNS that you have the authority to register with NYCRUNS according to these Terms of Use.

Headings. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

No Third Party Beneficiaries. Except for certain NYCRUNS licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use.

Notification Procedures and Changes to these Terms of Use. From time to time, we may change these Terms of Use. All changes are effective immediately when we post them. We will provide notice to you if these changes are material. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our Website, or by other means, consistent with applicable law. Your continued use of the Website following such notice constitutes your acceptance of such changes. If you do not agree to the new terms, we ask that you discontinue accessing the Website. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  1. How to Contact Us

If you have any questions about these Terms of Use, you can contact us by email at [email protected].