Terms of Service

Last updated September 30, 2020.

Agreement To Terms

These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You”) and the NC Mountain Trail Runners, a division of the Run828 Foundation (“NCMTR”), concerning your access and use of the ncmtr.org website as well as any other media or applications related or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all or part of these Terms, you are expressly prohibited from using the site and must discontinue use immediately.

Supplemental Terms of Service or documents that may be posted to the Site are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms at any time and for any reason. The “last updated” date at the top of this document will be updated to reflect the most recent version of this document. NCMTR will, at its sole discretion, issue additional notification of such updates. As such, it is your responsibility to periodically review these Terms. NCMTR operates under the assumption that You are aware of and agree to the latest version of these Terms at any given moment.

This site is intended for users from the United States of America who are at least 18 years of age. Persons under the age of 18 are not permitted to register for or use this site.

Content and Intellectual Property Rights

Unless otherwise indicated, all public facing content, design, and functionality of the Site (the “Public Content”), including logos, trademarks, and service marks (the “Marks”) are owned by, controlled by, or licensed to NCMTR and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States or America, foreign jurisdictions, and international conventions.

Access to certain parts of the Site is limited to registered users. Content added to the Site in limited-access parts of the site, including text, images, videos, and other media by registered users of the Site (the “Private Content”) remains the intellectual property of the user responsible for the addition of the content and the user retains all copyright protections normally afforded him or her under the laws of the United States of America and the state of North Carolina.

Any instance of Private Content within the Site represents the thoughts, opinions, and positions of the user of origin and does not reflect the thoughts, opinions, and positions of NCMTR or any other user(s) of the Site. NCMTR reserves the right to remove and/or moderate any Private Content added to the Site at any time and for any reason. NCMTR may, at its sole discretion, notify users of removed/moderated content and any reasoning associated with said content removal/moderation.

Provided you are eligible to use the Site, You agree to grant NCMTR a limited license to store, replicate, move, and perform other tasks related to the administration of the Site with any Private Content you add to the Site. This limited license does not grant NCMTR permission to use Private Content for uses not related to the administration of the site such as marketing and/or promotion. Should NCMTR wish to use Private Content for any reason not related to the the administration of the Site, NCMTR must obtain appropriate license and/or permission from the copyright holder. If You would like to use Private Content where You are not the user or origin or the copyright holder, You must obtain appropriate license and/or permission from the copyright holder prior to your use of the Private Content.

User Name and Represengtations

By using the Site, you warrant that:

  1. All registration information you submit will be true, accurate, current, and complete; and that you will maintain the accuracy of such information and update such information as necessary.
  2. You will use your real given name or an appropriate abbreviation and will make no attempt to misrepresent any person(s) other than yourself, real or fictional, and will make no attempt to represent any non-human object, thing, place, or idea. For these purposes, an appropriate abbreviation can include common abbreviations, such as “James” to “Jim” or “Samantha” to “Sam”, or reducing either a first or last name, not both, to an initial.
  3. You are 18 years of age or older, are not a minor in the jurisdiction in which you reside, and you have the legal capacity to agree and comply with these Terms.
  4. You will not attempt to access the Site through automated or non-human means without written permission from NCMTR. This includes, but is not limited to, the use of technologies such as bots or scripts.
  5. You will not use the Site for any illegal or unauthorized purpose, for the promotion of any illegal or unauthorized activity, or in a way that will violate any applicable law or regulation.

Registration, Membership, and Billing

Registration for the Site and use of any limited-access part of the Site requires a user to be one of the following:

  1. An active, due-paying member of NCMTR.
  2. A representative of an organization providing sponsorship to NCMTR.
  3. An administrator approved by the elected members of NCMTR.
  4. A representative of an organization partnering with NCMTR.

Registration for the site from any public facing means requires joining NCMTR as an active member. This includes providing a payment method and agreeing to accept charges to that payment method in accordance with the type of membership chosen during the registration process.

NCMTR makes use of a third-party platform called Stripe for handling all billing, subscriptions, memberships, payments, and other related functionality. Payment and payment method information are passed along to Stripe securely using the methods described in Stripe’s documentation in accordance with the Payment Card Industry Data Security Standard. Payment method information is transmitted directly to Stripe’s servers from the user’s browser using a product called Stripe Elements and at no point is transmitted to or through any servers or other equipment operated by NCMTR. The Site does not store or otherwise have access to complete payment method information and is limited to seeing only the brand and last four (4) digits of any payment method.

By becoming a member of NCMTR You agree to accept charges in accordance with the type of membership specified by You either during registration or via the Site at any later point, subject to limitations imposed by maintenance and/or other disruptions of service affecting the Site. Your membership will renew and you will be billed again on or about one (1) year from the date you register for the Site and become a member. This renewal will recur annually on or about the same date each year until such time as You deactivate your membership using the facilities and functionality provided by the Site.

At any given point, subject to limitations imposed by maintenance and/or other disruptions of service affecting the Site, you may upgrade or downgrade your membership to another membership type using the facilities and functionality provided by the Site. Upon upgrading you will be immediately billed an amount equal to the prorated difference in cost between your current membership type and the new membership type. Your annual renewal date will not be changed if you upgrade or downgrade your membership in this way.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by NCMTR. As a user of the Site, You agree not to:

  1. Systematically retrieve data or other Public Content or Private Content from the site to create or compile, directly or indirectly, a collection, compilation, database, directory, or other grouping without the written permission of NCMTR.
  2. Make any unauthorized use of the Site, including collecting names and/or email addresses of users for the sake of sending unsolicited email and/or other messages.
  3. Use an agent or other proxy to access the Site on your behalf.
  4. Use the Site to advertise or offer to sell goods and/or services without the written permission of NCMTR.
  5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use of copying any of the Public Content and/or Private Content.
  6. Trick, defraud, and/or otherwise mislead NCMTR and/or other users of the Site, especially in any attempt to gain sensitive information such as account passwords, or personal information.
  7. Make improper use of Site support services and/or submit false reports of abuse or misconduct.
  8. Engage in any automated use of the Site, such as using scripts to post comments or mining data.
  9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  10. Sell or otherwise transfer your account and/or membership.
  11. Use any information obtained from the Site in order to harass, abuse, or otherwise harm another person.
  12. Make use of Private Content of which you are not the user of origin in any capacity outside of the Site, including, but not limited to, the copying of photos and/or sharing of screenshots.
  13. Attempt to bypass any measures of the Site implemented to prevent or restrict access to any portion of the Site.
  14. Harass, annoy, intimidate, or threaten any agent of NCMTR.
  15. Attempt to decipher, decompile, reverse engineer, modify, or otherwise adapt any component of the Site.
  16. Use the site to distribute (or attempt to distribute) viruses and/or any other type of malware or material which could bring harm to the Site, to the computers and/or equipment of any users of the Site, or to any users of the Site themselves.
  17. Upload or transmit any material that acts as an active or passive information collection mechanism.

Code of Conduct

NCMTR requires all members act in accordance with the following:

  1. Do not discriminate against others on the basis of race, ethnicity, gender, sex, sexual orientation, religion (or lack thereof), age, nationality, heritage, spoken laguage, marital status, economic status, employment, education, laterality, maternity status, or any other factor that arbitrarily excludes one or more individuals for any reason not related to the logistics and/or execution of any given activity. Due to the nature of the sport of trail running, it may be necessary to limit inclusion in some activities based on the physical abilities and capacities required for those activities, but it is never appropriate to limit inclusion based on factors such as race or gender.
  2. For the safety and timeliness of activities, please do not participate in activities beyond your ability or capacity.
  3. Do not resort to name calling, personal attacks, spamming, flaming, or other derogatory actions aimed at others.
  4. Please do not deride or derive humor from the running ability and/or speed of any other runner.
  5. Act in accordance with all laws, rules, and ordinances enacted by any government, municipality, and/or land managing entity in effect wherever you participate in the sport of trail running.
  6. Practice “leave no trace” principles as they apply to the sport of trail running. This includes, but is not limited to, sticking to trails, proper disposal of waste, leaving nature as it is found, not unnecessarily interfering with wildlife, and keeping all pets properly managed.

User Generated Contributions

The Site possesses functionality allowing you to create textual entities such as posts and comments, and upload media such as images (collectively, “Contributions”).

Contributions may be viewable by other users of the Site. As such, any Contributions You make should be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Service.
  3. Your Contributions are not false, inaccurate, or misleading.
  4. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  5. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, pornographic, or otherwise objectionable (as determined by NCMTR).
  6. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  7. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  8. Your Contributions do not violate any applicable law, regulation, or rule.
  9. Your Contributions do not violate the privacy or publicity rights of any third party.
  10. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  11. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your membership in NCMTR and of your rights to use the Site.

Advertisers

NCMTR may allow sponsoring organizations to post or otherwise display advertisements and/or other information in certain areas of the Site. If You are an agent or representative of a sponsoring organization, You shall take full responsibility for any advertisements You place on the Site. As an advertiser, you warrant that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

Additionally You warrant that the sponsoring organization of which you are an agent or representative will honor any discounts, giveaways, or other benefits offered to NCMTR members wholly and without discrimination in any context.

Site Management

NCMTR reserves the right, but not the obligation, to:

  1. Monitor the Site for violations of the Terms.
  2. Take appropriate action against anyone who, at the sole discretion of NCMTR, violates any law with their user of the Site or while engaged in any activity organized by, sponsored by, or otherwise involving NCMTR, including without limitation, reporting such user to law enforcement authorities.
  3. Restrict access to, limit the availability of, or disable any Contributions made by You to the site or to NCMTR in any capacity.
  4. Otherwise manage the Site in a manner designed to protect our rights and property and to facility the proper functioning of the Site.

Digital Millennium Copyright Act (DMCA) Notice and Policy

If you believe that any material available on or through the Site infringes upon any copyright You own or control, please immediately dispatch a notification to NCMTR at admin@ncmtr.org (the “Notification”). A copy of the Notification will be sent to the individual responsible for the Contribution containing the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus if you are not sure that material located on or linked to by the Site infringes on your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site.
  3. 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 us to locate the material.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
  5. A statement that the complaining party 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to NCMTR at admin@ncmtr.org (the “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

  1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
  2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located.
  3. A statement that you will accept service of process from the party that filed the Notification or the party’s agent.
  4. Your name, address, and telephone number.
  5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Term and Termination

These Terms shall remain in full force and effect while you use the site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, NCMTR RESERVES THE RIGHT TO, IN THE SOLE DISCRETION OF NCMTR AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. NCMTR MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN THE SOLE DISCRETION OF NCMTR.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, a pseudonym, or the name of any third party, even if you may be acting on behalf the third party.

In addition to terminating or suspending your account, NCMTR reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

NCMTR reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at the sole discretion of NCMTR and without notice. However, NCMTR has no obligation to update any information on our Site. NCMTR also reserves the right to modify or discontinue all or part of the Site without notice at any time.

NCMTR will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Site.

NCMTR cannot guarantee the Site will be available at all times. The site may experience downtime in the form of hardware or software failures, network problems, routine, scheduled, or unscheduled maintenance, and/or other reasons and may not be available in whole or in part during these times.

NCMTR reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to You. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms and the use of the Site by You are governed by and construed in accordance with the laws of the State of North Carolina and the United States of America.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Indemnification and Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify, and hold NCMTR harmless, including our subsidiaries, affiliates, and all of NCMTR’s respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom You connected via the Site.

Notwithstanding the foregoing, NCMTR reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NCMTR, and You agree to cooperate, at your expense, with NCMTR’s defense of such claims. NCMTR will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

NCMTR will maintain certain data that You transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that NCMTR shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against NCMTR arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending NCMTR emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications provided to you by NCMTR electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY NCMTR OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms and any policies or operating rules posted by NCMTR on the Site constitute the entire agreement and understanding between You and NCMTR. The failure of NCMTR to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. NCMTR may assign any or all of our rights and obligations to others at any time. NCMTR shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between You and NCMTR as a result of these Terms or use of the Site. You agree that these Terms will not be construed against NCMTR by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Contact

To communicate with NCMTR on any administrative basis, please contact NCMTR at admin@ncmtr.org.

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