TERMS OF USE

Effective as of 03/01/2011

The Redline Running Co. website located at www.redlinerunningcompany.com as well as all services related to such website (collectively, this “Site”) are provided by Redline Running Company, Inc. (“Redline,” “we,” “us” or “our”). The following terms of use (“Terms”) apply to your use of this Site. By accessing, browsing or otherwise using this Site, you acknowledge that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to all these Terms, you may not access, browse or otherwise use this Site.

We may revise these Terms at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the current Terms to which you are bound. When these Terms are revised, we will also revise the “effective as of” date set forth at the beginning of these Terms.

If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of this Site.

Please read our Privacy Policy, which is incorporated herein by reference. By using this Site, you agree to be legally bound by such Privacy Policy, which discusses and governs our collection and use of any information you submit to us through this Site.

USE RESTRICTIONS

Copyright.This Site and all materials on this Site, including, without limitation, all content, data, text, photos, pictures, graphics, images, illustrations, audio and video clips, logos, icons, links, software and other files and the selection and arrangement thereof (the “Materials”) are owned by and, to the extent copyright laws apply to such Materials, are the copyrighted materials of Redline or third parties. Permission is granted to display, copy, distribute, and download the Materials on this Site for personal, noncommercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. You may not, however, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on this Site for commercial use without our prior written approval. You may not “frame” or “mirror” any Material contained on this Site on any other website or server without our prior written permission. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and other laws and regulations.

Trademarks; Trade Dress.The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks of Redline or third parties. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Redline or third parties, and none of the foregoing may not be copied, imitated or used, in whole or in part, without the prior written permission of Redline or the Trademark owner. Nothing in this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark used or displayed on the Site, without the express written permission of Redline or the Trademark owner. Unauthorized use of the Trademarks displayed on this Site is strictly prohibited.

Third Party Websites.Links to third party websites on this Site are provided solely for your convenience. If you use these links, you will leave this Site. We do not control and are not responsible for these sites, their content or their policies, and your use of such third party sites is subject to their respective terms of use and privacy policies. We do not endorse or make any representations about third party sites or any information, products or materials found there or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

User Submissions.Certain areas of the Site enable you to submit posts, e-mails, or otherwise provide feedback or information to us. You agree that by submitting content:

1. a. you will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another’s computer;
2. b. you understand and agree that such content will be deemed non-confidential; and
3. c. you grant to Redline the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media in accordance with our Privacy Policy and waive any moral rights you may have in such content. Subject to our Privacy Policy, we shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.

MONITORING

We reserve the right, but not the obligation, to monitor the content of this Site to determine compliance with these Terms and any other operating rules established by us. We shall have the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on this Site that is in violation of these Terms or is otherwise objectionable, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and users of this Site, and to comply with legal obligations or governmental requests. Notwithstanding these rights and obligations, you are solely responsible for any information that you post, transmit or otherwise make available on or through this Site. You acknowledge and agree that neither we nor any third party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct, communication or posting on this Site.

INFRINGEMENT CLAIMS

If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below.

1. 1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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, or our third party service providers, to locate the material;
4. 4. Information reasonably sufficient to permit us, or our third party service providers, to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. 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; and
6. 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.

Copyright Agent:

Redline Running Company, Inc.
P.O. Box 1047
Erie, CO 80516

Phone Number: 303-834-7717
Fax Number: 303-379-9021
Email address: info@redlinerunningcompany.com

Note: Only copyright complaints should be sent to the Copyright Agent identified above. No other communications will be accepted or responded to.

For communications on other matters, please send an email to: info@redlinerunningcompany.com

SERVICE AND PRODUCT DESCRIPTIONS

While we attempt to provide accurate information on this Site, we do not warrant that service or product descriptions or other Materials on this Site are accurate, complete, reliable, current or error-free. Your sole remedy for the purchase of any service or product on this Site is to re-schedule the service (without a right to any refund) or return the product for a refund, each as set forth in our Terms of Sale .

SECURITY

This Site may require you to register or obtain a password prior to permitting access to certain services. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to us is submitted at your own risk.

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING WITHOUT LIMITATION ALL MATERIALS AND SERVICES PROVIDED ON THIS SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. REDLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT. REDLINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON, THIS SITE OR ANY OTHER WEBSITES LINKED TO THIS SITE. USE OF THE SITE AND THE MATERIALS AVAILABLE ON THE SITE, AND RECEIPT OF SERVICES PROVIDED THROUGH THIS SITE, IS AT YOUR SOLE RISK. REDLINE DOES NOT WARRANT THAT THIS SITE, THE MATERIALS, OR THE SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, THE MATERIALS, OR SUCH SERVICES WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN NO EVENT WILL REDLINE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SITE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Redline, our directors, officers, employees, consultants, agents, and other representatives from and against any and all claims, damages, losses, costs (including attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of these Terms; (b) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property, proprietary or other rights of any third party; and (c) your activities in connection with the Site.

VIOLATIONS

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to this Site.

GENERAL PROVISIONS

Unless otherwise specified, the Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of laws provisions. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts of located in Colorado for any litigation or dispute arising out of or relating to these Terms and agree that such courts represent the exclusive jurisdiction for all disputes relating to these Terms.

CONTACT INFORMATION

If you have any questions or comments regarding these Terms, please send us an e-mail at info@redlinerunningcompany.com.

© 2011 Redline Running Company, Inc. All Rights Reserved.