Last Revised: 02/09/2017
www.mynyrr.nyrr.org, the official website of MyNYRR. We may refer to ourselves
on this page, as: “New York Road Runners,” “NYRR,” “we,” “our,” or “us.” We refer
to you as “you” or “your.”
any of NYRR’s other registered domains, mobile apps, or social networking pages,
profiles or feeds that post a link to these Terms (collectively, the “Services”).
Please read these Terms carefully before using the Services. By using the Services,
www.mynyrr.org/privacy-policy. If you do not agree, do not use the Services.
Any breach of these Terms immediately terminates your rights with respect to the
These Terms shall supersede and replace all previous versions thereof. NYRR reserves the right to change the information,
features, policies, promotions, disclosures and disclaimers of the Services at any
time in our sole discretion without prior notice.
Changes to these Terms will be posted on the Services as they occur. All such changes are effective immediately
when we post them, or such later date as may be specified in the notice of updated
Terms and any applicable additional Terms. You can tell that the Terms have been
updated by checking the last revised date posted on the top of this page.
Please check these Terms periodically to determine if any changes were made
to it since you last visited the Services.
Your continued use of the Services following the posting of changes to these Terms
means that you have accepted and agreed to such changes.
You agree that when you click on “I agree” or another similarly worded “button”
or entry field with your mouse, keystroke or other device, if any, your agreement
or consent will be legally binding and enforceable and the legal equivalent of your
The Services are owned by NYRR. Unless
otherwise indicated, all materials and content contained on the Services or provided
through the Services (including any form of media on or through which any portion
of the Services is provided to you), including, but not limited to, text, graphics,
data, photographic images, moving images, sound, illustrations, material, technology,
software, URLs, interactive features and the selection and arrangement thereof (“Content”),
are the copyrighted property of NYRR, its affiliated entities and/or third parties. All elements of the Services, including Content,
are protected by copyright, trade dress, moral rights, trademark and other laws
relating to the protection of intellectual property.
No Content from the Services may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, except that we grant you a limited,
non-exclusive, revocable, non-assignable, and non-transferable license to download,
display, view, use, play the Content on a personal computer, browser, laptop, tablet,
mobile phone or other Internet-enabled device and/or print one copy of the Content
as it is displayed to you for your personal, non-commercial use only, provided that:
(i) you keep intact all copyright and other proprietary notices, (ii) you do not
reverse engineer or make any modifications to the Content or Services, (iii) you
do not use the Content in a manner that suggests any association with any of our
products, services, or brands or the products, services or brands of any other person,
and (iv) you do not harvest information from the Services, (v) you do not interfere
with the proper operation of or any security measure used by the Content or Services,
and (iv) you do not download any of the Content to a database that can be used to
avoid future access to the Services for access to such downloaded materials. Your
unauthorized use of the Content may violate copyright, trademark, privacy, publicity,
communications, and other laws, and any such use may result in your personal liability,
including potential criminal liability.
All rights not expressly granted to you are reserved by NYRR and its licensors
and other third parties. No right or license may be construed, under any legal theory,
by implication, estoppel, industry custom, or otherwise. Any unauthorized use of
any Content or the Services for any purpose is prohibited.
The Content, and all NYRR trademarks, service marks, brands, trade dress, logos,
characters and trade names, including, but not limited to the marks Bronx 10 Mile™,
Brooklyn Half™, Mighty Milers®, New York City Marathon®, NYC Half™, New York Road
Runners™, NYRR®, NYRR Run for the Future™,
One for You One for Youth™, Queens 10K™, Run New York. Five Boroughs. One City®,
Staten Island Half™, Where the World Comes to Run®, Young Runners®, Bronx 10 Mile
logo, Brooklyn Half logo, NYC Half logo, NYRR Runner logo, Queens 10K logo, Staten
Island Half logo, as well as the domain names (registered and unregistered) associated
with the foregoing, are proprietary to NYRR and are protected by United States and
International Copyright law, trademark law, and other laws. Other than as
permitted in Section 1, above, or as permitted by applicable law, you may not copy,
reproduce, republish, upload, post, transmit, or distribute Content or information
available on or through this Services in any way without prior, NYRR written approval.
Data: If you opt to register
for any portion of the Services (including, but limited to My NYRR), you agree to
provide NYRR with accurate, complete, and updated information to your account (“Account”). Failure to do so will constitute a breach
of these Terms, which, in NYRR’s sole discretion, may result in the immediate termination
of your right to use the Account. You acknowledge
and agree that NYRR may rely on the contact information in your Account to send
you important information and notices regarding your Account and the Services. You acknowledge and agree that NYRR shall
have no liability associated with or arising from your failure to maintain accurate
information in your Account, including, but not limited to, your failure to receive
critical information about the Services or your Account.
You further agree that NYRR is authorized to verify any information in your
Username and Password: Any user (“User”) that opts to create an Account
on the Services and becomes a member (“Member”) shall select a password and user
name (“User Name”) in order to establish an Account.
You may not: (i) select or use a User Name of another person with the intent
to impersonate that person, (ii) use a User Name subject to the rights of any other
person without authorization, or (iii) use a User Name that NYRR, in our sole discretion,
deems inappropriate or offensive. You authorize
NYRR to process any and all Account transactions initiated through the use of your
User Name and password. You are solely responsible
for maintaining the confidentiality of your User Name and password and must immediately
notify NYRR of any unauthorized use of your User Name and password or of any other
breach of security. You acknowledge and agree
that you are responsible for any unauthorized activities, charges and/or liabilities
made through the use of your User Name and password.
In no event will NYRR be liable for the unauthorized use or misuse of your
User Name and/or password. NYRR reserves
the right to change User Names if the need should arise.
You will be informed if NYRR makes such a change.
NYRR collects and uses your User Name, password and other information associated
A User may register a profile on the Services to establish
a group account with sub-accounts for such User’s students, family members, team
members or other people associated with such User.
In this case, the primary User shall be considered the Member for the purposes
of these Terms and shall be responsible for the sub-accounts such User establishes,
and the term “Account,” as it is used herein, shall refer to both the primary User
Account as well as any sub-Accounts.
under the age of 13 are not permitted to use or register with the Services. To the extent that a child under the age of
13 wants to participate in an event, that child’s parent or legal guardian must
register the child under the parent or legal guardian’s account and give consent
on how we treat children’s information.
Services may provide you with access to some products and services without you having
to register as a User. In each such case
your identification is based on means of identification that the NYRR deems appropriate.
Communications and Customer Support
When you use NYRR, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us
electronically. We will communicate with
you by email or by posting notices, disclosures, and other communications.
Any communication that we provide to you electronically satisfies any legal
requirement that such communication be in writing.
If you have any questions, please send an e-mail to us at
You acknowledge that the provision of support is at NYRR’s sole discretion and that
we have no obligation to provide you with customer support of any kind.
All legal notices to us must be mailed to: New York Road Runners, 156 West
56th Street, 3rd Floor, New York, NY 10019.
Payment; Renewal; Cancellation:
If you opt to be a Member, you agree to pay all charges relating to your Account,
including applicable taxes, in accordance with any billing terms that may apply
to a particular transaction. You must provide
NYRR with valid credit card information throughout the time that the Account is
open. We will charge the Member’s credit
card either after the trial period expires, or on the date the Member subscribes
to the Services if no trial period is offered.
Thereafter, we will automatically renew and charge the Member’s Account.
Your Account may be suspended for non-payment, and you may be responsible
for any and all bank or service charges incurred in connection with payment of charges
to your Account, and for any costs of collection including reasonable attorneys’
Notice: As the Member, you must provide us with your correct
and valid email address, and you further agree to update us of any changes in your
email address or other Account information.
We may give a notice to a Member by means of a general notice on the Services, email
to the Member’s email address on record in the Account information provided by the
Member, or by written communication sent by mail to the Member’s address on record
in such Account information. You may give
notice to us by electronic mail at the following email address, [email protected]. All notices will be deemed given when delivered
or, in the case of notices posted on the Services, as of the time of first use of
the Account following such posting.
and Other On-Services Communications
“Common Area” means a chat room, message board, personalized page, photo log or
photo page, publicly viewable site, or other similar function which may be offered
as part of the Services. If you participate
in any Common Area within the Services, you must not, and the Member is responsible
for ensuring that no one using the Account shall: defame, abuse, harass or threaten
others; make any bigoted, hateful or racially offensive statements (as determined
in NYRR’s sole discretion), restrict or inhibit any other User from using and enjoying
the Services; advocate illegal activity or discuss illegal activities with the intent
to commit them; post or distribute any material that infringes and/or violates any
right of a third party (including, without limitation, any intellectual property
right) or any law; post or distribute any vulgar, obscene, discourteous or indecent
language or images (as determined in NYRR’s sole discretion); advertise or sell
to, or solicit to others; use the Common Area for commercial purposes of any kind;
post or distribute any software or other materials which contain a virus or other
harmful component; or post material or make statements that do not generally pertain
to the designated topic or theme of the respective Common Area.
NYRR reserves the right to review, remove, or edit content from any Common
Area at any time and for any reason. NYRR
shall have the sole discretion to terminate your access to the Services if a violation
is found, or for any other reason. Please
be advised that NYRR will fully cooperate with any law enforcement authorities or
court order requesting or directing NYRR to disclose personal information of anyone
who submits a message (“Message”) that violates the foregoing terms in accordance
from time to time monitor or review Messages submitted in the Common Area, NYRR
is under no obligation to do so and assumes no responsibility or liability arising
from the contents of any Message, nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained
therein. Display of any Message on the Services
does not constitute approval of or endorsement by the NYRR.
Uploaded materials to any Common Area and/or submissions of any materials
to NYRR, are, and will be treated as, non-confidential and non-proprietary. By uploading materials to NYRR you acknowledge
that any information disclosed by you therein:
(i) may be used by any third party, (ii) is not confidential and may be read or
intercepted by others, and (iii) creates no confidential, fiduciary, contractually
implied or other relationship between you and us other than pursuant to these Terms.
Any California residents under the age of eighteen (18) who have registered to
use the Services and how have posted content or information on the Services, can
request that such information be removed from the Services by contacting us at
[email protected]. Requests
must state that the user personally posted such content or information and detail
where the content or information is posted. We will make reasonable good faith efforts
to remove the post from prospective public view.
Rights of Use: By transmitting any Message
or submitting creative ideas, concepts, know-how, techniques, suggestions, picture
postings, postings to chat areas, boards, opinions, votes or materials, customer
service, or any other form submission (collectively “Submissions”), you are granting
NYRR a perpetual, royalty-free, non-exclusive, unrestricted, transferable, worldwide
and irrevocable right and license to use, reproduce, modify, sell, re-sell, sublicense,
publish, translate, prepare derivative works based upon, distribute, perform or
display such Messages and Submissions, in whole or in part, in any form, media or
technology now known or hereafter developed for any purpose, including, but not
limited to, advertising and promotional purposes, and to sublicense such rights
to others (collectively, “Rights”). All Submissions,
whether solicited or unsolicited, shall become and remain the property of the NYRR. This means that anything submitted by you
to the Services may be used by NYRR for any purpose, now or in the future, without
any payment to, or further authorization by, you.
NYRR also has the right, but not the obligation, to use your name in connection
with the broadcast, print, online or other use or publication of your
Submission. You agree that your Submissions will not: (i) promote any political
or commercial purpose; (ii) defame, abuse, harass, stalk, or threaten others; (iii)
use racially or ethnically offensive language; (iv) discuss or incite illegal activity;
or (v) infringe any intellectual property or other right of any third party.
Solicited Submissions: At times, NYRR
may solicit Submissions from visitors to the Services including, but not limited
to, information, ideas, artwork or other materials.
For information on how solicited Submissions will be used, please review
any notices of planned use posted where we solicit the Submission.
Your provision of information in response to such solicitation is a grant
by you to NYRR of the Rights described above.
Unsolicited Submissions: We value your
feedback on the Services. However, when submitting
unsolicited Submissions to us, we cannot assure the protection of any proprietary
rights you may assert in any such Submission.
As such, we ask that you not send us any unsolicited Submissions.
NYRR assumes no responsibility for reviewing such unsolicited Submissions
and we will not incur any liability as a result of any similarities between your
Submissions, solicited or unsolicited and future NYRR products or programs.
and Linkage Restrictions
The following restrictions apply to all links to the Services:
A. Any service created by, licensed by
or substantially associated with any entity that regularly promotes any product,
brand, or commercial service (a “Commercial Site”) may not link to the Services
without the written permission of NYRR, even if the page/area where the link originates
does not promote a product, brand or service.
B. Any service other than a Commercial
Site (for example, fan sites, chamber of commerce sites, search engines, widely
available Internet browsers) (“Permissible Sites”) has a limited, non-commercial,
non-exclusive, revocable, non-assignable, and non-transferable license to link to
the Services without written permission of the NYRR if such link is: (i) a “word”
(as opposed to a “logo”) link, and (ii) spatially separated from, and not otherwise
associated with, any sponsorship advertising, or other commercial text or graphics
that may be associated with, any sponsorship advertising, or other commercial text
or graphics that may be on the page/area containing such word link.
C. The Services logos or any other logo
of the NYRR or its affiliates (a “logo” link) may not be used to link to the Services
without the written permission of NYRR.
D. No link to the Services may be “framed”
by the Permissible Services where the link originated if such “frame” contains any
sponsorship, advertising or other commercial text or graphics.
E. All links to the Services from a Permissible
Services must be to the Services’ home page.
Links to internal pages within the Services are not permitted without prior written
consent of NYRR.
F. The posting or creation of any link
to the Services signifies that you have read these Linkage Restrictions and agree
to abide by their terms.
NYRR may provide links to other web sites.
However, we are not responsible for the information collection, use and disclosure
practices of those other web sites, and we advise you to check the privacy policies
of each such other web site before using it, to understand how your personal information
will be handled on each such other web site.
Our Terms do not apply to any of the other web sites to which our Services link.
NYRR may make available on the Services statistics, including biometric data,
geo-location data, and other statistics generated and/or calculated by the NYRR
using proprietary calculations and analyses, relating to or arising out of the performance
of runners during or in connection with a NYRR race (“NYRR Statistics”).
If you use such NYRR Statistics, You agree that: (i) any use, display or
publication of the NYRR Statistics shall include a prominent attribution to the
Services in connection with such use, display or publication, (2) the NYRR Statistics
may only be used, displayed or published for legitimate news reporting or private,
non-commercial purposes, (3) the NYRR Statistics may not be used in connection with
any sponsorship or commercial identification, (4) the NYRR Statistics may not be
used or referred to in connection with any gambling activity (including legal gambling
activity), (5) the NYRR Statistics may not be used in connection with any commercial
product or service, (6) the NYRR Statistics may not be used in connection with any
product or service that presents a live, near-live or other real-time or archived
play-by-play account or depiction of any NYRR race, and (7) the NYRR Statistics
may not be used in connection with any web site, product or service that features
a database (in any medium or format) of a comprehensive, regularly updated statistics
from any NYRR competition or event without the NYRR’s express prior written consent.
Claims of Copyright
Infringement and DMCA Policy
The Digital Millennium Copyright Act of 1988 (“DCMA”) provides recourse for copyright
owners who believe that material appearing on the Internet infringes their rights
under United States copyright law. If you
believe, in good faith, that materials hosted by NYRR infringe upon your copyright,
you (or your agent) may request that material be removed, or access to it blocked. Requests, in this respect, should be sent
Director, Digital and Social Media
New York Road Runners, Inc.
156 West 56th Street, 3rd Floor
New York, NY 10019
To be effective, the notification must be a written communication that includes
A. A physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right that is
B. Identification of the material that
is claimed to be infringed upon or to be the subject of infringing activity and
that you are seeking to have removed or access to which is to be disabled, and information
reasonably sufficient to permit NYRR to locate the material;
C. Information reasonably sufficient to
permit NYRR to contact you, such as an address, telephone number, and if available,
an electronic mail address at which you may be contacted;
D. A statement that you have 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
E. A statement that the information in
the notification is accurate, and under penalty of perjury, that you are or are
authorized to act on behalf of the owner of an exclusive right that is allegedly
We will respond to notices of claimed copyright infringement in accordance with
the DMCA. It is our policy in appropriate circumstances to disable and/or terminate
the accounts of users who are repeat infringers.
The Services may contain or may interact with third party content that is not
owned, controlled or operated by NYRR (collectively, “Third Party Services”). We may also host our content on Third Party
Services. NYRR neither endorses nor controls such Third Party Services, and you
acknowledge and agree that we are not responsible or liable for the information,
content, products, or services on or available from such Third Party Services, or
for the results to be obtained from using them. If you choose to access any such
Third Party Services, you do so at your own risk.
Any interactions, transactions, and other dealings that you have with any third
parties found on or through the Services are solely between you and the third party.
Wireless Features. The Services may offer
features that are available to you via your wireless device including the ability
to access the Services’ features and upload content to the Services, and
receive messages from the Services (collectively, “Wireless Features”). By using the Services, you agree that NYRR
may collect information related to your use of the Wireless Features as described
on your device in order to allow for or optimize your use of the Services.
Data rates and other carrier fees may apply.
E-mails and Push Notifications. You can
opt out of receiving certain promotional communications (e-mails and push notifications)
from us at any time (i) for e-mails, follow the instructions as provided in e-mails
to click on the unsubscribe link or send an e-mail to us at
[email protected] with the word UNSUBSCRIBE in the subject
field of the e-mail; (ii) for push notifications or in-app messages, adjust the
permissions in your mobile device. Please
note that your opt-out is limited to the e-mail address, phone number, or device
used and will not affect subsequent subscriptions or non-promotional communications,
such as those about your account, transactions, servicing, or
NYRR’s ongoing business relations.
C. Text Messages, Call Alerts.
If you participate in NYRR Events and agree by to receive text messages and
call alerts by signing the General Liability Waiver and Release (and not opting
out), NYRR may send you ongoing text message and prerecorded call alerts (including
by automatic dialing systems) regarding date or time changes, weather or route updates,
your location and placement in a race and other race related information for any
Events in which you participate. Your consent is not required to participate in
any Event or a condition of any purchase, and you may withdraw your consent at any
time for text message and prerecorded call alerts by sending an email to NYRR’s
Runner Services at [email protected]
stating that you no longer wish to receive text message alerts and prerecorded call
alerts. Your withdrawal will be put into effect no later than 24 hours from the
time your email is received by NYRR. Standard message, data and other fees may be
charged by your carrier and carriers may deduct charges from pre-paid amounts or
data allowances, for which you are responsible. Not all phone and/or carriers are
supported. You may contact your carrier for further details.
D. Location-Based Features. If you have location-based features on your wireless
device, you acknowledge that your device location will be tracked and shared consistent
expos, or other events (“Events”) and agree to have your geolocation information
tracked by signing the General Liability Waiver and Release (and not opting out),
you acknowledge that NYRR will use a radio- frequency identification (“RFID”) tag
in your race bib to track your geographic location during the Events, and that such
geolocation information will allow anyone, including the general public, to determine
your geographic location during the race and to tie your location during the Events
to connect it to your name, gender, age, distance run, net time, pace per mile,
overall place, gender place, age place, age-graded time, age-graded performance
percentage and/or, if applicable, race-day photos (collectively “Race Results).
You can terminate location tracking by us on your device, by adjusting the permissions
in your mobile device or uninstalling our mobile app. If during Events you do not
want NYRR to publish your geolocation information, you may opt-out by sending an
email to [email protected]
no later than five (5) business days before the Events. Your official Race Results
will still be published after the Events on NYRR’s website and/or applications.
Please note that termination will only affect subsequent tracking by us. Location-based
features are used at your own risk and location data may not be accurate.
Arbitrate Disputes and Choice of Law.
PLEASE READ THIS SECTION CAREFULLY – IT
MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT
IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE:
You and NYRR agree to resolve any claims relating to these Terms through
final and binding arbitration, except that, to the extent you have in any manner
violated or threatened to violate NYRR’s intellectual property rights (for example,
trademark, trade secret, copyright, or patent rights).
Under such circumstances NYRR may bring a lawsuit solely for injunctive relief
to stop unauthorized use or abuse of the Services, or intellectual property infringement
(for example, trademark, trade secret, copyright, or patent rights) without first
engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit
in court and seeks to resolve disputes more quickly. Instead of a judge or a jury,
the case will be decided by a neutral arbitrator who has the power to award the
same damages and relief that a court can. If any provision of this arbitration agreement
is found unenforceable, the unenforceable provision shall be severed, and the remaining
arbitration terms shall be enforced.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute
resolution provision. Arbitration shall be initiated through JAMS.
Any dispute, controversy, or claim arising out of or relating to these Terms
shall be referred to and finally determined by arbitration in accordance with the
JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules
and the rules set forth in this TOU, the rules set forth in this TOU will govern.
The JAMS Rules and instructions for how to initiate an arbitration are available
from JAMS at http://www.jamsadr.com or 1-800-352-5267.
To initiate arbitration, you or NYRR must do the following things:
Write a demand for Arbitration. The demand must include a description of the
Claim and the amount of damages sought to be recovered. You can find a copy of a
Demand for Arbitration at www.jamsadr.com.
Send three copies of the Demand for Arbitration, plus the appropriate filing
fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite
1500, San Francisco, CA 94111
Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration
and arbitrator fees will be governed by the JAMS Rules. If travelling to New York
is a burden, you may participate in the arbitration by phone or via document submission
to the fullest extent allowable by the arbitrator. Each party will bear their own
costs of arbitration unless the arbitrator directs that bearing such costs would
be an undue burden and in that case, we will pay for your portion of the arbitration
administrative costs (but not your attorneys’ fees). Arbitration under this agreement
shall be held in the United States in New York, NY under New York law without regard
to its conflict of laws provisions. The arbitration may award on an individual basis
the same damages and relief as a court (including injunctive relief). Any judgment
on the award rendered by the arbitrator may be entered in any court of competent
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights
and liabilities, if any, of you and NYRR, and the dispute will not be consolidated
with any other matters or joined with any other cases or parties. The arbitrator
shall have the authority to grant motions dispositive of all or part of any claim.
The arbitrator shall have the authority to award monetary damages and to grant any
non-monetary remedy or relief available to an individual under applicable law, the
Arbitration Rules, and the Terms. The arbitrator shall issue a written award and
statement of decision describing the essential findings and conclusions on which
the award is based, including the calculation of any damages awarded. The arbitrator
has the same authority to award relief on an individual basis that a judge in a
court of law would have. The award of the arbitrator is final and binding upon you
NO CLASS ACTIONS: You may only resolve disputes with us on an
individual basis, and may not bring a claim as a plaintiff or a class member in
a class, consolidated, or representative action. Class arbitrations, class actions,
private attorney general actions, and consolidation with other arbitrations are
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL
AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY,
instead electing that all claims and disputes shall be resolved by arbitration.
Arbitration procedures are typically more limited, more efficient and less costly
than rules applicable in court and are subject to very limited review by a court.
In the event any litigation should arise between you and NYRR in any state or federal
court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND
NYRR WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved
by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH
AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties
to litigate in court, these Terms shall be governed by and construed in accordance
with the laws of the State of New York, excluding its conflict of law rules. You
further expressly consent and agree to submit to the exclusive jurisdiction and
venue of a court of competent jurisdiction located in New York, NY.
You represent, warrant, and covenant that: (i) neither you nor any other person
who uses your Account will use your Account to perform, suggest or encourage any
fraudulent, illegal, untruthful or inappropriate activity, and (ii) that you and
all other persons who use your Account will fully comply with these Terms.
You hereby agree to indemnify, defend, and hold NYRR, its affiliated companies,
sponsors, partners and all of its and their officers, directors, employees, owners,
agents, information providers, affiliates, licensors, and licensees (collectively,
the “Indemnified Parties”) harmless from and against any and all liability and costs,
including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified
Parties in connection with any claim or cause of action arising out of the use of
(i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your
misuse of the Services or any use of the Services through your Account; (iv) your
violation of any laws, rules, regulations, codes, statutes, ordinances or orders
of any governmental or quasi-governmental authorities; (v) your violation of the
rights of any third party, including any intellectual property right, publicity,
confidentiality, property or privacy right; or (vi) any misrepresentation made by
you. This provision does not require you to indemnify the Indemnified Parties for
any unconscionable commercial practice by such Indemnified Parties or for such Indemnified
Parties’ fraud, deception, false promise, misrepresentation or concealment, suppression
or omission of any material fact in connection with the Services provided hereunder.
You will, and will cause all other persons who use your Account to, cooperate
with us in the defense of any claim. We reserve
the right, at our own expense, to assume the exclusive defense and control of any
matter that may be subject to indemnification hereunder. You will not in any event
settle any claim without the prior written consent of NYRR.
We make no representation, warranty or endorsement as to the accuracy or reliability
of any statement, advice, opinion, content, materials or information contained in,
and/or displayed, uploaded, or distributed by or through the Services.
You acknowledge that any reliance upon any such information will be at your
sole risk. We will have the right, in our
sole discretion, to enforce the Terms, or correct any errors or omissions in any
portion of the Services, but we have no obligation or duty whatsoever to do so,
including any obligation to monitor the Services for such errors or omissions or
for violations of this Terms.
THE MATERIALS ON THE SERVICES (EXPRESSLY INCLUDING ANY FORM OF MEDIA ON OR THROUGH
WHICH ANY PORTION OF THE SERVICES IS PROVIDED TO YOU) ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT AND THE ABSENSE OF INACCURACIES IN INFORMATIONAL
CONTENT. WE DO NOT WARRANT THAT THE SERVICES
OR THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU (AND NOT WE) ASSUME THE ENTIRE RESPONSIBIITY AND COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION IN CONNECTION WITH YOUR USE OF THE SERVICES.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY
HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS,
DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM NYRR INTENTIONAL MISCONDUCT,
RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
NYRR and its affiliates, officers, agents, partners
and employees shall not be liable for any direct, indirect, incidental, special
or consequential damages, resulting from the use or inability to use the services
or resulting from any information or services obtained or messages received or transactions
entered into through the Services or resulting from unauthorized access to or alteration
of Your transmissions of data, including but not limited to, damage for loss of
profits, use, data or other intangibles, even if we have been advised of the possibility
of such damages. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS
OF LIABILITY HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER
RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM NYRR INTENTIONAL
MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
If you are dissatisfied with any portion of the Services, or with any of these
Waiver of Injunctive
or Other Equitable Relief
YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE
RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR
PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS,
PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY
NYRR OR A LICENSOR OF NYRR.
NYRR may change, suspend or discontinue any aspect of the Services at any time,
including the availability of any Services features and services or restrict your
access to parts or the entire Services without notice or liability at any time in
NYRR’s exclusive discretion, without prejudice to any legal or equitable remedies
available to NYRR, for any reason or purpose, including, but not limited to, conduct
that NYRR believes violates this Terms or other policies or guidelines posted on
the Services or conduct which NYRR believes is harmful to other Users, to NYRR’s
business, or to other information providers.
Upon any termination of these Terms, you shall immediately discontinue your use
and access of the Services and destroy all materials obtained from it.
at United States Visitors
The Services are targeted at and intended for Users residing in the United States. Given the global nature of the Internet, the Services
may be accessed by Users residing outside of the United States.
We make no representations or warranties that the Services is appropriate
or available for use in countries outside of the United States.
Users who choose to access the Services from outside of the United States
do so at their own initiative and are responsible for compliance with any and all
local laws and regulations that may apply to such access.
If you are located outside of the United States, any information you provide
will be transferred to the United States.
By accessing our Services and by submitting your information, you consent to its
transfer and storage in the United States and its use as provided for in our Privacy
You agree that the United Nations Convention on Contracts for the International
Sale of Goods does not apply to these Terms or to any sale of goods carried out
as a result of your use of the Services.
Software related to or made available by the Services may be subject to export controls
of the U.S., and, except as authorized by law, you agree and warrant not to export
or re-export the software to any county, or to any person, entity, or end-user subject
to U.S. export controls or sanctions.
Information to Third Parties Upon a Sale or Change of Control
We retain the right to transfer or assign all information contained on the Services
pursuant to a merger, consolidation or other transaction relating to New York Road
of the Services
We may impose limits on certain features or restrict your access to parts, or
all of the Services without any notice or liability of any kind.
We reserve the right to change prospectively the amount of, or basis for
determining, any fees or charges for the Services, and to institute new fees or
charges for access to portions of the Services effective upon prior notice to Members
by posting such changes on the Services or by sending emails to Members.
You hereby agree to pay all charges to your Account, including applicable
taxes, in accordance with billing terms in effect at the time the fee or charge
A. No Waiver of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default.
B. You may not modify these Terms. If any provision of these Terms shall be unlawful,
void or for any reason unenforceable, then that provision shall be deemed severable
from the remainder of the provisions contained herein and shall not affect the validity
and enforceability of any remaining provisions.
This is the entire agreement between us and you relating to the subject matter
herein, superseding all prior oral or written agreements, and shall not be modified
except as provided for herein.
C. No consent or approval may be deemed
to have been granted by NYRR without being in writing and signed by an officer of
D. If there is a conflict between these
Terms and a subsequent additional Terms, the subsequent additional Terms will control
for that conflict.
E. These Terms control the relationship
between NYRR and you. It does not create
any third party beneficiary rights.
F. If you do not comply with these Terms,
and we do not take immediate action, we are not waiving any rights that we may have,
such as taking future action.
G. If you are using the Services on behalf
of a business, that business accepts these Terms.
E. NYRR may assign its rights and obligations
under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and
you may not delegate your duties under them, without the prior written consent of
an officer of NYRR.
F. NYRR reserves the right to investigate
and prosecute any suspected breaches of these Terms or the Services.
NYRR may disclose any information as necessary to satisfy any law, regulation,
legal process or governmental request.
G. Residents of California are entitled
to the following specific consumer rights information: you may contact the Complaint
Assistance Unit of the Division of Consumer Services of the Department of Consumer
Affairs by mail at: 1625 North Market Blvd., Suite N 112 Sacramento, California
95834, or by telephone at (916) 445-1254.
Their website is located at: http://www.dca.ca.gov.
H. The sections on Indemnification, Limitation
of Liability, and Disclaimers do not apply to New Jersey residents.
for Apple iOS
If you are using the Services through an Apple device, the following terms apply:
To the extent that you are accessing the Services through an Apple device, you acknowledge
that these Terms are entered into between you and NYRR and, that Apple, Inc. (“Apple”)
is not a party to these Terms other than as third-party beneficiary as contemplated
(ii) The license granted to you in these
Terms is subject to the permitted Usage Rules set forth in the App Store Terms of
http://www.apple.com/legal/itunes/us/terms.html) and any third party
terms of agreement applicable to the Services.
(iii) You acknowledge that NYRR, and not
Apple, is responsible for providing the Services and Content thereof.
(iv) You acknowledge that Apple has no obligation
whatsoever to furnish any maintenance or any support services to you with respect
to the Services.
(v) To the maximum extent not prohibited
by applicable law, Apple will have no other warranty obligation whatsoever with
respect to the Services.
(vi) Notwithstanding anything to the contrary
herein, and subject to the terms in these Terms, you acknowledge that, solely as
between Apple and NYRR, NYRR, and not Apple is responsible for addressing any claims
you may have relating to the Services, or your possession and/or use thereof, including,
but not limited, to: (a) product liability claims; (b) any claim that the Services
fail to confirm to any applicable legal or regulatory requirement; and (c) claims
arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Services,
or your possession and use of the Services, infringes on a third party’s intellectual
property rights, you will not hold Apple responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claims.
(viii) You acknowledge and agree that Apple,
and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that,
upon your acceptance of the terms and conditions of these Terms, Apple will have
the right (and will be deemed to have accepted the right) to enforce these Terms
against you as a third-party beneficiary thereof.
(ix) When using the Services, you agree
to comply with any and all third-party terms that are applicable to any platform,
website, technology or service that interacts with the Services.