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RunnerSpace Terms

RunnerSpace.com Terms of Use Agreement
March 22, 2014

RunnerSpace / Deker Net LLC (“RunnerSpace” or “we”) operates RunnerSpace.com, which is a social networking platform that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by RunnerSpace include any RunnerSpace-branded URL (the "RunnerSpace Website"), the RunnerSpace messaging system, the RunnerSpace application developer service and other features (for example, video embedded players, apps, personal websites, event websites, pages, +plus etc), RunnerSpace mobile services, and any other features, content, or applications offered from time to time by RunnerSpace in connection with the RunnerSpace Website (collectively, the “RunnerSpace Services”). The RunnerSpace Services are hosted in the United States.

This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the RunnerSpace Services. By accessing and/or using the RunnerSpace Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the RunnerSpace Services, including, without limitation, through a mobile or other wireless device, or otherwise use the RunnerSpace Services without being registered) or you are a "Member" (which means that you have registered with RunnerSpace). The term "User" refers to a Visitor or a Member. You are authorized to use the RunnerSpace Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the RunnerSpace Services, you must indicate your acceptance of this Agreement during the registration process.

RunnerSpace reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the RunnerSpace Services. All material modifications will apply prospectively only. Your continued use of the RunnerSpace Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the RunnerSpace Services immediately. All of the general terms also apply to the RunnerSpace +plus system. Additional terms for the RunnerSpace +plus system can be found here.

1. Eligibility
Use of the RunnerSpace Services and registration to be a Member for the RunnerSpace Services (“Membership”) is void where prohibited. By using the RunnerSpace Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the RunnerSpace Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

2. Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the RunnerSpace Services or are a Member. You may terminate your Membership at any time, for any reason, by emailing us at contact@runnerspace.com. RunnerSpace may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, RunnerSpace reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, comments and emails (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the RunnerSpace Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, RunnerSpace reserves the right, in its sole discretion, to reassign or rename your profile, event or page URL. RunnerSpace expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the RunnerSpace Services if RunnerSpace determines, in its sole discretion, that you have violated this Agreement or pose a threat to RunnerSpace, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18.

3. Fees

You acknowledge that RunnerSpace reserves the right to charge for any portion of the RunnerSpace Services and to change its fees (if any) from time to time in its discretion. If RunnerSpace terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). Read more about RunnerSpace +plus fees and terms here

4. Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify RunnerSpace immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Use by Members

The RunnerSpace Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by RunnerSpace. RunnerSpace reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the RunnerSpace Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the RunnerSpace Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member, event, groups, page profiles without notice or explanation and may result in termination of Membership privileges. RunnerSpace reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the RunnerSpace Services.

6. Proprietary Rights in Content on RunnerSpace
6.1 RunnerSpace does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the RunnerSpace Services. After posting your Content on, through or in connection with the RunnerSpace Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the RunnerSpace Services, you hereby grant to RunnerSpace a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the RunnerSpace Services, including, without limitation, through the RunnerSpace Services to applications, widgets, websites or mobile, desktop or other services which are linked with your RunnerSpace account (collectively, “Linked Services”), including, without limitation, distributing part or all of the RunnerSpace Services and any Content included therein, in any media formats and through any media channels. This limited license does not grant RunnerSpace the right to sell or otherwise distribute your Content outside of the RunnerSpace Services or Linked Services. After you remove your Content from the RunnerSpace Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the RunnerSpace Services, RunnerSpace is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
6.2 The license you grant to RunnerSpace is non-exclusive (meaning you are free to license your Content to anyone else in addition to RunnerSpace), fully-paid and royalty-free (meaning that RunnerSpace is not required to pay you or anyone else deriving rights from you for the use on the RunnerSpace Services of the Content that you post), sublicensable (so that RunnerSpace is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the RunnerSpace Services), and worldwide (because the Internet and the RunnerSpace Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the RunnerSpace Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the RunnerSpace Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the RunnerSpace Services and/or Linked Services.
6.4 The RunnerSpace Services contain Content of RunnerSpace ("RunnerSpace Content"). RunnerSpace Content is protected by copyright, trademark, patent, trade secret and other laws, and RunnerSpace owns and retains all rights in the RunnerSpace Content and the RunnerSpace Services. RunnerSpace hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the RunnerSpace Content (excluding any software code) solely for your personal use in connection with viewing the RunnerSpace Website and using the RunnerSpace Services.
6.5 The RunnerSpace Services contain Content of Users (“User Content”). Except as otherwise provided within this Agreement, you may not copy, download, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any User Content appearing on or through the RunnerSpace Services.
6.6 The RunnerSpace Services contain Content of third party licensors that are not Users (such licensors, “Third Party Licensors” and such content “Third Party Content”). Third Party Content is protected by copyright, trademark, patent, trade secret and other laws, and each Third Party Licensor retains all rights in its Third Party Content. You are hereby granted a limited, revocable, non-sublicensable license to view, or listen to, as applicable, the Third Party Content solely for your personal, non-commercial use in connection with viewing and using the RunnerSpace Services. Except for the foregoing limited license, and except as otherwise expressly provided in writing by RunnerSpace, you are granted no right, title or interest in any Third Party Content. You are only granted a limited license and there is not a sale with respect to Third Party Content. Except as otherwise provided within this Agreement or directly authorized by RunnerSpace and/or a Third Party Licensor on the RunnerSpace Services (e.g., as part of a promotion that encourages you to download specific Third Party Content for your use in connection with such promotion), you may not copy, download, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Third Party Content.
6.7 RunnerSpace performs technical functions necessary to offer the RunnerSpace Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the RunnerSpace Services. In addition, you agree and acknowledge that RunnerSpace may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the RunnerSpace Services. You can control what type of communications you receive from the RunnerSpace Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.
6.8 RunnerSpace reserves the right to limit the storage capacity of Content that you post on, through or in connection with the RunnerSpace Services.

7. Content Posted

Please choose carefully the information that you post on, through or in connection with the RunnerSpace Services and that you provide to other Users. Your RunnerSpace profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other RunnerSpace Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and RunnerSpace assumes no responsibility or liability for this material. If you become aware of misuse of the RunnerSpace Services by any person or Linked Service, please email us at contact@runnerspace.com or click on the “Report Abuse” link located near the relevant content on RunnerSpace Website pages.
7.1 RunnerSpace may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of RunnerSpace violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. RunnerSpace assumes no responsibility for monitoring the RunnerSpace Services for inappropriate Content or conduct. If at any time RunnerSpace chooses, in its sole discretion, to monitor the RunnerSpace Services, RunnerSpace nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 ou are solely responsible for the Content that you post on, through or in connection with any of the RunnerSpace Services, and any material or information that you transmit to other Members and for your interactions with other Users.

8.1 Content/Activity Prohibited

The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the RunnerSpace Services. RunnerSpace reserves the right to investigate and take appropriate legal action against anyone who, in RunnerSpace's sole discretion, violates this provision, including, without limitation, removing the offending Content from the RunnerSpace Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of RunnerSpace:
8.1.1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.1.2. harasses or advocates harassment of another person;
8.1.3. exploits people in a sexual or violent manner;
8.1.4. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.1.5. solicits or is designed to solicit personal information from anyone under 18;
8.1.6. publicly posts information that poses or creates a privacy or security risk to any person;
8.1.7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.1.8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.1.9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.1.10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.1.11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.1.12. solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.1.13. involves commercial activities and/or sales without prior written consent from RunnerSpace such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.1.14. includes a photograph or video of another person that you have posted against that person's wishes;
8.1.15. for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
8.1.16. violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

8.2 Content/Activity Prohibited

The following are examples of the kind of activity that is illegal or prohibited on the RunnerSpace Website and through your use of the RunnerSpace Services. RunnerSpace reserves the right to investigate and take appropriate legal action against anyone who, in RunnerSpace's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.2.1. criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.2.2. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the RunnerSpace Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, RunnerSpace reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which RunnerSpace deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the RunnerSpace Services, you acknowledge that you will have caused substantial harm to RunnerSpace, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay RunnerSpace $50 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the RunnerSpace Services;
8.2.3. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the RunnerSpace Services;
8.2.4. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.2.5. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the RunnerSpace Services other than your Content which you legally post on, through or in connection with the RunnerSpace Services;
8.2.6. providing or using “tracking” or monitoring functionality in connection with the RunnerSpace Services, including, without limitation, to identify other Users’ views, actions or other activities on the RunnerSpace Services;
8.2.7. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any RunnerSpace page via HTML/CSS or any other means;
8.2.8. any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
8.2.9. interfering with, disrupting, or creating an undue burden on the RunnerSpace Services or the networks or services connected to the RunnerSpace Services;
8.2.10. impersonating or attempting to impersonate RunnerSpace or a RunnerSpace employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
8.2.11. for event, team, page and other profiles containing a RunnerSpace player, copying the code for your RunnerSpace Player and embedding it (or directing others to embed it) anywhere other than it's original editors profile, event, page, team on RunnerSpace;
8.2.12. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.2.13. selling or otherwise transferring your profile, your email address or URL;
8.2.14. using or distributing any information obtained from the RunnerSpace Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.2.15. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the RunnerSpace Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by RunnerSpace, blogs, videos, photos, news or bulletins with a commercial purpose, or sending messages with a commercial purpose;
8.2.16. relaying email from a third party's mail servers without the permission of that third party;
8.2.17. using invalid or forged headers to disguise the origin of any Content transmitted to or through RunnerSpace’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
8.2.18. using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the RunnerSpace Website for the purposes of sending unsolicited or unauthorized material;
8.2.19. engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
8.2.20. using the RunnerSpace Services in a manner inconsistent with any and all Applicable Law.

9. Protecting Copyrights and Other Intellectual Property

RunnerSpace 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. If an embed code is provided it is generally safe to embed (youtube, vimeo etc are good examples). It is RunnerSpace’s policy to terminate, in appropriate circumstances, the membership of repeat infringers. 

If you believe your work has been copied and posted on or through the RunnerSpace Services in a way that constitutes copyright infringement, please send RunnerSpace's Copyright Agent a notification of claimed infringement with all of the following information: (a) 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; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the RunnerSpace Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) 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 are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. RunnerSpace's Copyright Agent for notification of claimed infringement can be reached via email at contact@runnerspace.com.

10. Third Party Linked Services
Linked Services created by third party developers may be available on, through or in connection with the RunnerSpace Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your RunnerSpace profile or shared with other Users on the RunnerSpace Services or which may link to your RunnerSpace account from outside of the RunnerSpace Services. Linked Services may use your RunnerSpace profile information, friends and/or other profile content on the Linked Service and share activity events between RunnerSpace and the Linked Service (depending on the features the Linked Service chooses to make available). 

When you engage with a third party Linked Service, you are interacting with the third party, not with RunnerSpace. RunnerSpace does not control the third party, and cannot dictate their actions. If you choose to use a third party Linked Service, the Linked Service may use and share your data in accordance with the privacy policy of and your privacy settings on such service. In addition, the third party providing the Linked Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. RunnerSpace is not responsible for and makes no warranties, express or implied, as to the third party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). RunnerSpace encourages you not to provide any personally identifiable information to any third party Linked Service unless you know and are comfortable with the party with whom you are interacting.

11. Member Disputes

You are solely responsible for your interactions with other RunnerSpace Users, third party developers or any other parties with whom you interact through the RunnerSpace Services and/or Linked Services. RunnerSpace reserves the right, but has no obligation, to become involved in any way with these disputes.

12. Privacy

Use of the RunnerSpace Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

13. Disclaimers

RunnerSpace is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the RunnerSpace Services or Linked Services, by Users of the RunnerSpace Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of RunnerSpace. In addition, RunnerSpace is not responsible for any damage, injury or loss caused by Users of the RunnerSpace Services or by any of the equipment or programming associated with or utilized in the RunnerSpace Services or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the RunnerSpace Services may contain links to other websites or services. RunnerSpace is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by RunnerSpace. Inclusion of any linked website or service on the RunnerSpace Services does not imply approval or endorsement of the linked website or service by RunnerSpace. When you access these third party sites and services, you do so at your own risk. RunnerSpace takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the RunnerSpace Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. RunnerSpace is not responsible for the conduct, whether online or offline, of any User of the RunnerSpace Services or Linked Services. RunnerSpace assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. RunnerSpace is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the RunnerSpace Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the RunnerSpace Services or Linked Services. Under no circumstances shall RunnerSpace be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the RunnerSpace Services or Linked Services, Website downtime or outage, attendance at a RunnerSpace event, from any User Content posted on or through the RunnerSpace Services or Linked Services, or from the conduct of any Users of the RunnerSpace Services, whether online or offline. The RunnerSpace Services and Linked Services are provided "AS-IS" and as available and RunnerSpace expressly disclaims any warranty of fitness for a particular purpose or non-infringement. RunnerSpace cannot guarantee and does not promise any specific results from use of the RunnerSpace Services or Linked Services.  You understand and agree that the Service is provided "AS IS" and that we do not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user provided content, communications, or personalization settings.

14. Limitation on Liability

IN NO EVENT SHALL RunnerSpace BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE RunnerSpace SERVICES OR LINKED SERVICES, EVEN IF RunnerSpace HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RunnerSpace'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO RunnerSpace FOR THE RunnerSpace SERVICES DURING THE TERM OF MEMBERSHIP.

15. U.S. Export Controls

Software available in connection with the RunnerSpace Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the RunnerSpace Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16. Disputes

The Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon, without regard to its conflict of law provisions. You and RunnerSpace agree to submit to the exclusive jurisdiction of the courts located within the State of Oregon to resolve any dispute arising out of the Agreement or the RunnerSpace Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

17. Indemnity

You agree to indemnify and hold RunnerSpace, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the RunnerSpace Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the RunnerSpace Services.

18. Other

This Agreement is accepted upon your use of the RunnerSpace Website or any of the RunnerSpace Services and is further affirmed by you becoming a Member. Your agreement with RunnerSpace will always include this Agreement at a minimum. Your access and use of certain RunnerSpace Services will require you to accept additional terms and conditions applicable to such certain RunnerSpace Services, in addition to this Agreement, and may require you to download Software or Content. The failure of RunnerSpace to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. RunnerSpace is a trademark of Deker Net LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

To contact us regarding any questions about this Agreement, please use the Contact RunnerSpace at contact@runnerspace.com

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.