Terms and Conditions Of Use
This website (the "Site") is published and maintained by ASICS America Corporation (the "Company") primarily to provide guidance and assistance to and a sense of community for runners. When you access, browse, or use this Site or any of its features you accept and agree to, without limitation or qualification, the terms and conditions set forth below.
Your Right to Use the Site and its Contents
The Site is only for the personal use of individuals 18 years of age or older. Upon registration, the Company will allow you to choose a username and password to access the Site. You are not authorized to access the Site through use of any username and password other than the one chosen by you upon registration, personal use of individuals 18 years of age or older. Upon registration, the Company will allow you to choose a username and password to access the Site. You are not authorized to access the Site through use of any username and password other than the one chosen by you upon registration.
You agree to (i) provide accurate, current and complete information about you as may be prompted by any registration forms for the Site ("Registration Information"); (ii) maintain and promptly update the Registration Information and any other information you provide to the Company, to keep it accurate, current and complete; (iii) maintain the confidentiality of your username and password to access the Site; and (iv) accept full responsibility for all consequences of all actions initiated and all conduct that occurs under your username and password.
As long as you comply with these Terms and Conditions of Use, the Company grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Notwithstanding anything to the contrary, the Company reserves the right, without notice and in its sole discretion, to cancel or restrict your access to and use of any portion of or the entirety of the Site and any services offered through the Site. You understand and agree that the Company may do so without any liability whatsoever.
Content of the Site
The Company offers through the Site a subscription service for receipt of periodic running tips – a maximum of five each month – sent by the Company via SMS text messages to your mobile electronic communication device. This service is available only in conjunction with the U.S. mobile service providers AT&T, Sprint, Nextel, Boost, T-Mobile, Verizon Wireless, Virgin Mobile, and Cellular One. There is no fee to subscribe to the periodic running tip feature aside from the normal fees charged by your mobile service provider for receiving SMS text messages. By subscribing to the periodic running tip feature, you consent to receive, from time to time, additional text messages from the Company. You will not be charged for receiving these additional messages except for your mobile service provider messaging fees. You can unsubscribe from the periodic running tip feature at any time by texting 'STOP' to 58585
The Company may, from time to time, make other messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site (the "Services"). In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any of the Services, any materials which:
(i) restrict or inhibit any other individual from using and enjoying the Site or the Services;
(ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
(iv) violate or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
(v) contain a virus, spyware, malware or other harmful component;
(vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind; or
(vii) constitute or contain false or misleading indications of identity, origin, endorsement or statements of fact.
Monitoring
Nothing in this Agreement shall require the Company to monitor or edit the Site for objectionable or infringing materials. If at any time the Company chooses, in its sole discretion, to monitor or edit the Site, the Company nonetheless assumes no responsibility for any submission by users unaffiliated with the Company ("Users"), no obligation to modify or remove any inappropriate materials or information and no responsibility for the conduct of any User. The Company does not endorse and has no control over what Users post or submit to the Site. The Company reserves the right, in its sole discretion, to reject, refuse to post or remove any submission, posting or other data, in whole or in part. You understand and agree that the Company has no liability whatsoever if it refuses to post your submissions or edits, restricts or removes your submissions.
Ownership
The Company does not claim any ownership rights in any audio, images, software, text, artwork, video clips and other materials ("Content") that Users upload, transmit or post to the Site ("User Content"). However, by uploading Content to the Site, transmitting Content through using the Services, or otherwise providing Content to the Company, you grant the Company a world-wide, royalty-free, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Site and/or the Services. The Company will treat any User Content as non-confidential and public. Please do not submit confidential or private information. You also agree that any other User of this Site or the Services may access, view, store or reproduce any of your Content for such User's personal use or otherwise in connection with use of the Site and/or the Services.
The Site also contains content owned by or licensed to the Company ("Company Content"). The Company owns and retains all rights in the Company Content including all intellectual property rights. The Company hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Company Content (excluding any software code) solely for your personal use to view the Site and otherwise as necessary to use the Services. Otherwise, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Company Content. If you download any Company Content from the Site, you may not remove any copyright or trademark notices or other notices that accompany it. Except as set forth above, nothing contained in this Terms and Conditions of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of the Company or any third party. All licenses not expressly granted by the Company are reserved.
Prohibited User Conduct
You warrant and agree that, while using the Site and the Services, you shall not: (i) impersonate any person or entity, whether actual or fictitious, including any Company representative or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party's advertising, branding or other promotional material into any of the Content, or use, redistribute, republish or exploit such Content or the Service for any commercial or promotional purposes; or (iii) attempt to gain unauthorized access to other computer systems through the Site or the Services.
You also shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the Services, including without limitation any information residing on any server or database connected to the Site or the Services; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Site or the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or the Services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Site or the Services in violation of the intellectual property or other proprietary or legal rights of the Company or any third party; or (v) use the Site or the Services in violation of any applicable law.
You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any Content, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site or any of the Services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
Trademarks
There are a number of proprietary logos, service marks, and trademarks ("Marks") found on the Site, all of which are owned by, or licensed to, or otherwise authorized for use by the Company. By making them available on the Site, the Company is not granting you any license to utilize the Marks. You acknowledge and agree that you have no rights, title, or interest in or to the Marks and that you will not adopt, use, or attempt to register the Marks or any confusingly similar mark.
Infringement of Intellectual Property Rights
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, or other proprietary materials without obtaining the prior written consent of the owner of the rights to such material. The Company may deny access to the Site or the Services any User who is alleged to infringe another party's intellectual property rights including, but not limited to, rights of copyright and trademark. Without limiting the foregoing, if you believe that your rights of copyright have been infringed, please provide our Copyright Agent with the following information: ( i ) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Site of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The Company's Copyright Agent for notice of claims of copyright infringement can be reached by mail at Copyright Agent, ASICS America Corp., 29 Parker, Suite 100, Irvine California 92618 U.S.A. and by electronic mail at CopyrightAgent@asicsamerica.com.
Security of Electronic Transmissions
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site or through the Services may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to the Company does not create any reciprocal obligation or responsibility of the Company to you.
Links to Other Websites
The Site may contain links to other Internet sites on the World Wide Web. The Company provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Site. Links from the Site to any other website do not indicate that the Company approves of, endorses, sponsors, or recommends that website. The Company disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
Descriptions of Services
The Company attempts to provide accurate descriptions of all the Services. However, we do not warrant that these descriptions are complete or error-free.
Availability of Services
The Services may not be available in your particular country, state or locality. The reference to the Services on the Site does not imply or warrant that the Services will be available at any time in your particular location. Furthermore, the Company reserves the right to alter, modify, add or discontinue completely any of the Services, temporarily or permanently, at any time, in its sole discretion, without notice and without liability.
Right to Change These Terms and Conditions of Use or Site Content
The Company may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on the Site apply as soon as they are posted. By continuing to use the Site after any changes are posted, you are indicating your acceptance of and agreement to those changes.
Disclaimer of Warranties and Damages
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. FURTHERMORE, THE COMPANY DOES NOT WARRANT THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE OR THE SERVICES.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE COMPANY, ITS AGENTS OR SERVICE PROVIDERS, SHALL THE COMPANY, ITS AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES THAT RESULT FROM (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THE SITE, EVEN IF THE COMPANY OR ANY OF ITS AGENTS OR SERVICE PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, ITS AGENT OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
General Provisions
These Terms and Conditions of Use and any additional terms posted on the Site together constitute the entire agreement between the Company and you with respect to your use of the Site and the Services. Any alleged claim or cause of action you may have with respect to your use of the Site or the Services must be commenced within one (1) year after the alleged claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms and Conditions of Use. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflicts of law rules. Furthermore, you agree and consent to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California.
Privacy Policy
ASICS America Corporation (the “Company”) understands the importance of protecting the privacy of visitors to and users of this website (the "Site") and the services offered through the Site (the "Services"). This Privacy Policy discloses the Company's practices relating to collection, use and disclosure of information that you may provide to the Company through this Site or during use of the Services. Before you submit any personal information to the Company through this Site or otherwise, please thoroughly review this Privacy Policy, and contact us if you have any questions.
Intended Audience of this Site
This Site is primarily intended for the personal use of individuals interested in learning about and sharing running best practices and participating in a community devoted to running ("Users").
This Site and the Services are not intended to attract or be used by minors under the age of 18 without verifiable parental consent, and the Company will not knowingly collect personal information from such visitors.
Your Consent
By using this Site or the Services, you agree with and accept the terms of this Privacy Policy. Whenever you submit personal information through this Site or during use of the Services, you consent to the collection, disclosure, use and retention of that information in accordance with this Privacy Policy.
Collection of Information About You
The Company collects personal information from Users primarily to assist in providing a rewarding experience during use of the Site and the Services. We collect such information directly from you through this Site and the Services, in responses to our specific requests and via e-mail, web input screens and forms. The types of personal information we collect includes your name, e-mail address, zip code and mobile telephone number. You should carefully limit the personal information you voluntarily provide to strictly that which is necessary for the Company to respond to your inquiry or provide a rewarding experience during use of the Site and the Services
Automatic Collection of Information
As you navigate this Site and use the Services, certain limited information can and may be collected automatically from you without your active involvement, using methods known as cookies and navigational data collection. Some of the information (e.g., type of web browser) does not identify who you are. Other information, such as your Internet Protocol ("IP") address, may identify you indirectly, when supplemented with other commercially available sources of information.
When you visit this Site, we send to your computer one or more cookies, which are small text files containing a string of characters. These cookies uniquely identify your computer to the Site, but do not facilitate the gathering of personal information. We may use cookies to improve the quality of our service by storing user preferences and tracking user trends. Most web browsers are set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of this Site and the Services may not function properly if your cookies are disabled.
Furthermore, our computer servers automatically record information that your browser sends whenever you visit a website. These server logs may include information, such as the portions of the Site accessed, the IP address assigned to your computer, the type of browser used by your computer, the date and time of your access to the Site, and one or more cookies that may uniquely identify your computer.
Collection, Disclosure, Use and Retention of Information
Except as otherwise stated at the point of collection, we may use your information for improving the content of the Site and the Services, customizing this Site and the Services to your preferences, communicating information to you and subsequently updating such information, internal marketing and research purposes, and as further specified in this Privacy Policy. We may combine such information with other passively or actively collected information unless we specify otherwise at the point of collection.
The Company may transfer your information, including personally identifiable information, to third parties, including contractors we use to support our business (e.g., marketing services, product retailers, technical support, and financial institutions), in which case we will require such third parties to agree to treat your information in accordance with this Privacy Policy or as you may otherwise have previously consented. We do not share your personal information with third parties for their direct marketing purposes unless you have affirmatively agreed in advance to such a disclosure.
The Company also may transfer such information (i) to our parent corporation (ASICS Corporation in Kobe, Japan) and other ASICS related corporations around the world; (ii) in connection with the sale, assignment or other transfer of the business function of the Company to which the information relates, in which case we will request any such buyer, assignee or transferee to agree to treat it in accordance with this Privacy Policy; (iii) to protect the rights, property or safety of the Company, its employees or visitors to this Site and Users of the Services; or (iv) in compliance with subpoenas or other valid court orders, in response to inquiries and requests from regulatory authorities, in connection with the prevention or detection of fraud, or as otherwise permitted or required by law. In addition, we will make full use of all information acquired through this Site and the Services or otherwise that is not identifiable to you.
Choices for Disclosure and Use of Personal Information
You may choose to prevent the Company from disclosing or using your personal information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your personal information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization. Furthermore, even where your personal information is to be disclosed and used in accordance with the stated purposes in this Privacy Policy, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of the Company. On the other hand, the Company may disclose your personal information to a third party acting as its agent where this third party agrees in writing to provide at least the same level of privacy protection as is required by this Privacy Policy.
Access and Correction
To access your personal information in the possession of the Company and correct inaccuracies of that information in our records, please contact us in the manner specified in the "How to Contact Us" section below. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation.
Security
The Company takes reasonable measures to safeguard your personal information against unauthorized access, disclosure, copying, use or modification, whether or not in electronic format. We use industry-standard technological precautions, such as Secure Socket Layer technology in an effort to protect your personal information as you transmit it electronically from your computer to this Site and, furthermore, to protect it from loss, misuse and unauthorized access, disclosure, alteration or destruction. Furthermore, the Company requires that employees and third-party administrators/processors access your personal information only on a "need-to-know" basis.
You should keep in mind that no combination of security measures can ever provide guaranteed protection all the time. We caution you that e-mail may be particularly vulnerable to unauthorized interception, eavesdropping, modification and spoofing, and, therefore, you should take special care in deciding what information you send to us via e-mail. Moreover, where you use passwords, ID numbers or other special access features on this Site or the Services, it is your responsibility to safeguard them.
Enforcement
Any questions, concerns or complaints regarding this Privacy Policy or the Company's treatment of personal information may be communicated by contacting us through this Site, sending an e-mail message to us at privacy@asicsamerica.com or by writing to us at Privacy Officer, ASICS America Corp., 29 Parker, Suite 100, Irvine California 92618 U.S.A. When we receive a formal written complaint, our Privacy Officer will contact the author within a reasonable period of time regarding his or her concerns and attempt to resolve these concerns directly with this individual.
Links to Other Websites
This Site may contain links or references to third-party websites that are not affiliated with the Company. The inclusion of any link does not imply the Company's endorsement of any other company, its websites, or its products and/or services. Any such linked websites have separate and independent privacy policies which we encourage you to read carefully. Please be aware that the Company has no control over linked third-party websites and, therefore, no responsibility or liability for the manner in which the organizations that operate such websites may collect, disclose, use or otherwise treat your personal information.
Other Terms
Your use of this Site is subject to our Terms and Conditions of Use.
How to Contact Us
To correct or update any personal information previously collected by us, please follow instructions at the original point of collection on this Site, send an e-mail message to us at privacy@asaicsamerica.com or write to us at Privacy Officer, ASICS America Corp., 29 Parker, Suite 100, Irvine California 92618 U.S.A.
Changes to This Privacy Policy
If this Privacy Policy changes, the revised policy will be posted on this Site. Please check back periodically and especially before you provide any personal information to the Company. This Privacy Policy was last updated on March 19, 2009.