TERMS OF SERVICE
The following terms and conditions govern all use of the randomrunapp.com website and mobile phone application and all content, services and products available at or through the website or mobile phone application (taken together, the App). The App is owned and operated by Atomic Commit, Inc. The App is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Atomic Commit, Inc. (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the App. By accessing or using any part of the App, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the App or use any services. If these terms and conditions are considered an offer by Atomic Commit, Inc., acceptance is expressly limited to these terms.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Atomic Commit, Inc. may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Atomic Commit, Inc. liability. You must immediately notify Atomic Commit, Inc. of any unauthorized uses of your account or any other breaches of security. Atomic Commit, Inc. will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
RESPONSIBILITY OF CONTRIBUTORS.
If you post material to the App, post links on the App, or otherwise make (or allow any third party to make) material available by means of the App (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Atomic Commit, Inc. or otherwise.
By submitting Content to Atomic Commit, Inc., you grant Atomic Commit, Inc. a world-wide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt and publish the Content for the purposes of providing and promoting the App and features and services available on the App. If you delete Content, Atomic Commit, Inc. will use reasonable efforts to remove it from the App, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Atomic Commit, Inc. has the right (though not the obligation) to, in Atomic Commit, Inc.'s sole discretion (i) refuse or remove any content that, in Atomic Commit, Inc.'s reasonable opinion, violates any Atomic Commit, Inc. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the App to any individual or entity for any reason, in Atomic Commit, Inc.'s sole discretion. Atomic Commit, Inc. will have no obligation to provide a refund of any amounts previously paid.
RESPONSIBILITY OF WEBSITE VISITORS AND APPLICATION USERS.
Atomic Commit, Inc. has not reviewed, and cannot review, all of the material, including computer software, posted to the App, and cannot therefore be responsible for that material's content, use or effects. By operating the App, Atomic Commit, Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The App may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The App may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Atomic Commit, Inc. disclaims any responsibility for any harm resulting from the use by visitors of the App, or from any downloading by those visitors of content there posted.
CONTENT POSTED ON OTHER WEBSITES.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which randomrunapp.com links, and that link to randomrunapp.com. Atomic Commit, Inc. does not have any control over those non-randomrunapp.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-randomrunapp.com website or webpage, Atomic Commit, Inc. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Atomic Commit, Inc. disclaims any responsibility for any harm resulting from your use of non-Atomic Commit, Inc. websites and webpages.
COPYRIGHT INFRINGEMENT AND DMCA POLICY.
As Atomic Commit, Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by randomrunapp.com violates your copyright, you are encouraged to notify Atomic Commit, Inc. in accordance with Atomic Commit, Inc.'s Digital Millennium Copyright Act ("DMCA") Policy. Atomic Commit, Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Atomic Commit, Inc. or others, Atomic Commit, Inc. may, in its discretion, terminate or deny access to and use of the App. In the case of such termination, Atomic Commit, Inc. will have no obligation to provide a refund of any amounts previously paid to Atomic Commit, Inc..
This Agreement does not transfer from Atomic Commit, Inc. to you any Atomic Commit, Inc. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Atomic Commit, Inc.. RandomRun, randomrunapp.com, and all other trademarks, service marks, graphics and logos used in connection with randomrunapp.com, or the App are trademarks or registered trademarks of Atomic Commit, Inc. or Atomic Commit, Inc.'s licensors. Other trademarks, service marks, graphics and logos used in connection with the App may be the trademarks of other third parties. Your use of the App grants you no right or license to reproduce or otherwise use any Atomic Commit, Inc. or third-party trademarks.
Atomic Commit, Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the App following the posting of any changes to this Agreement constitutes acceptance of those changes. Atomic Commit, Inc. may also, in the future, offer new services and/or features through the App (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Atomic Commit, Inc. may terminate your access to all or any part of the App at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the App. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by Atomic Commit, Inc. if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Atomic Commit, Inc.'s notice to you thereof; provided that, Atomic Commit, Inc. can terminate the App immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES.
The App is provided "as is". Atomic Commit, Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Atomic Commit, Inc. nor its suppliers and licensors, makes any warranty that the App will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, the App at your own discretion and risk.
LIMITATION OF LIABILITY.
In no event will Atomic Commit, Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Atomic Commit, Inc. under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Atomic Commit, Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
GENERAL REPRESENTATION AND WARRANTY.
You agree to indemnify and hold harmless Atomic Commit, Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the App, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between Atomic Commit, Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Atomic Commit, Inc., or by the posting by Atomic Commit, Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the App will be governed by the laws of the state of Rhode Island, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Providence, RI.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Atomic Commit, Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
WAIVER AND RELEASE OF LIABILITY.
In consideration of Atomic Commit, Inc., a Rhode Island corporation ("Atomic Commit, Inc."), furnishing services to enable me to use the RandomRun application in connection with activities including, but not limited to cycling, running, route planning, and/or participation in Virtual Events (hereinafter collectively referred to as "Activities"), I agree to the terms of this Atomic Commit, Inc. Waiver and Release of Liability ("Release") as set forth herein.I fully understand and acknowledge the following:
The Activities have inherent risks, dangers, and hazards;
My participation in the Activities carries with it the potential for property loss and serious injury or illness, including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability;
The risks and dangers arising out of or related to the Activities may be caused by negligence of myself, the owners, employees, officers or agents of Atomic Commit, Inc., the negligence of sponsors, component manufacturers, original equipment manufacturers, independent bike dealers, trail associations, individual promoters, event promoters, clubs, cycling clubs, agencies, personal trainers, participants, or other parties, as well as accidents, breaches of contract, the forces of nature, or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, those caused by terrain, darkness, altitude, temperature, weather, condition of participants, equipment, inadequate safety equipment, vehicular traffic, actions of other parties, fixed or moving objects, lack of hydration, and such other risks, dangers, and hazards that are integral to the Activities in an outdoor or recreational environment; and
In consideration for allowing me to participate in these Activities, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Atomic Commit, Inc.. I am also solely responsible for whether I will or will not wear a helmet or other protective gear or equipment.
Further, as consideration and a strict condition precedent to my participation in the Activities, I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Atomic Commit, Inc., and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Atomic Commit, Inc. services arising out of or relating to the Activities. I specifically understand that as consideration and as a strict condition precedent to my participation in the Activities, I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Atomic Commit, Inc.. This Release shall be governed by and interpreted in accordance with the laws of the State of Rhode Island, and in the event that any clause or provision herein shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable. I hereby agree that any claim for damage or injury arising out of or relating to the Activities and Atomic Commit, Inc. ("Claim"), not otherwise barred by this Release, must be commenced by filing a complaint in either Providence County Court or the United States District Court for the District of Rhode Island no later than 120 days after the Claim arises, or else the Claim is forever barred. The exclusive jurisdiction for any such Claim is in the state and federal courts located in Providence, Rhode Island, and I consent to personal jurisdiction in those courts.