Terms of Service & Release of Liability
Updated: November 1, 2020
Welcome to the Virtual365 Online Store. Throughout the site, the terms “we”, “us” and “our” refer to Virtual365, the Virtual365 Online Store, and its owners and affiliates and related divisions including the San Francisco Marathon Online Store, The San Francisco Marathon®, The Berkeley Half Marathon®, RUN365, Jumping Fences Inc., Let’s Sweat Inc, and Committed 2 Community Inc. The Virtual365 Online Store offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WPEngine. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The terms and conditions consist of:
(a) the general terms and conditions here and set out in Section A that apply to your access, browsing, use and participation in this Website as well as any other activity (including entering races and/or purchasing any merchandise) via the site (“General Terms”); and
(b) the terms and conditions set out in Section B that apply, in addition to the General Terms, if you would like to register for and participate in any races (“Race Terms”);
which are together referred to as the “Agreement”.
SECTION A – GENERAL TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
- GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time.
- MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Your remedy, should you disagree, is to stop using the Service.
- PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
- OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
- THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- PERSONAL INFORMATION
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold us harmless, including our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of San Francisco CA.
- CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com
SECTION B – RACE TERMS
The virtual race events on our Website are comprised of races hosted by us through Virtual365 (Virtual365 Race Events”) as well as races hosted by third parties (“Third-party Race Events”). The terms in this section (the “Race Terms”) apply to both Virtual365 Race Events and Third-Party Race Events, unless otherwise specified, and a “Race” refers to both a Vritual365 Race and/or a Third-Party Race.
- RACE ENTRY
1.1 By entering a Race you are agreeing to abide by these Race Terms as well as the General Terms and the terms set out on the relevant Race entry page of the Website.
1.2 Entries to Virtual365 Race Events are non-transferable. Participation in a Virtual365 Race Event is personal to you; you are strictly prohibited from swapping, selling or transferring or offering to sell, swap or transfer the place in a Virtual365 Race Event. Transferability of entries to Third-Party Race Events shall be described on the Third-Party Race Event entry form page.
- RACE ENTRY FEES, CHANGES AND CANCELLATION
2.1 You must pay the Virtual365 Race Event entry fee at the time of entering the Virtual365 Race Event. Payment details for Third-Party Race Events shall be described on the Third-Party Race Event entry form page.
2.2 All Virtual 365 Race Event entry fees are non-refundable. We may, in our sole discretion, allow you to defer or credit your entry fee to another event, but otherwise such deferral or credit is not available. Your entry is completed as soon as you have completed the Race entry process. You understand that the fee is nonrefundable, and any event may be cancelled due to the threat of or acts of God, viruses, war, terrorism, wildfires, disaster, earthquake, government regulation/permitting and/or for economic/financial reasons. Payment details for Third-Party Race Events shall be described on the Third-Party Race Event entry form page.
2.3 The time and date of Virtual365 Race Events are subject to change. We will attempt to provide you reasonable notice of such changes, but you understand the possibility that such changes may occur.
- RACE COMPLETION
3.1 You will be treated as having completed a Virtual365 Race if you submit the required evidence of your completion of the Race to us by the date specified on the Race entry page of the Website. Examples of the required evidence are stated on each Race entry Website page. Any question as to whether sufficient evidence is provided will be determined solely at our discretion. Race completion for Third-Party Races shall be as described on the Third-Party entry page.
3.2 Virtual365 will send a race award, if applicable, to each participant who provides the required evidence of completion in accordance with section 4.1. Awards are sent by post within a reasonable time of the deadline for completing the race to the address provided by you during the race entry process. It is your responsibility to ensure that your address and any other details are correct and we will not be responsible or liable to you if these details are incorrect. Third-Party Race awards, if any, will be sent as described on the Third-Party entry page.
3.3 The deadline for completing each Virtual365 Race Event and the submission of evidence in accordance with clause 4.1 is fixed and cannot be varied. If we do not receive your evidence by the date specified on the race entry page, you will not receive an award and will not be included in the results section of our Website.
- PARTICIPATION IS AT YOUR OWN RISK
4.1 You are responsible for ensuring that you have undertaken any necessary preparation and training to enter and participate in any Race. Entry and participation in Virtual365 Race Events and/or Third-Party Race Events are at your own risk. You warrant to us that you will be on the date of the race, sufficiently fit and healthy to participate in the race unaided and in accordance with the Agreement. If you are in any doubt, we recommend that you seek medical advice.
- VIRTUAL365 RACE EVENT ACCIDENT WAIVER AND RELEASE OF LIABILITY RELEASE OF CLAIMS.
5.1 In consideration of being permitted to participate in a Virtual365 Race Event and Third-party Race Events, You, of your own free will, for yourself, your heirs, next of kin, executors, administrators, successors, assigns and personal representatives, hereby agree as follows:
(a) FOREVER WAIVE, RELEASE AND DISCHARGE us and our sponsors, ambassadors, organizers, volunteers, volunteer organizations, benefiting charities, co-participants, contractors, subcontractors or administrators of the Virtual365 Race Event and any officer, director, employee, representative, agent, contractor or subcontractor or of any of the foregoing, and those entities and individuals responsible for producing Third-party Race Events (individually and collectively referred to as the “Released Parties”) of and from any and all claims, rights, causes of action, demands, liabilities, damages, costs, losses and expenses (including reasonable attorney fees and court costs) (collectively “Claims”) of any kind whatsoever for death, personal injury, property damage or loss that may arise directly or indirectly as a result of my participation and/or assistance in the Virtual365 Race Event or Third-party Race Events.
(b) YOU HEREBY COVENANT AND AGREE NOT TO SUE any of the Released Parties for any of the Claims that you have waived, released or discharged herein. You FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS the Released Parties from and against all Claims that may arise directly or indirectly as a result of your participation and/or assistance in the Event, regardless of when such Claims may arise.
(c) You volunteer to participate in the activities related to the Virtual365 Race Event or Third-party Race Events for which you are entering. You understand that the Virtual365 Race Event or Third-party Race Events are an extreme test of a person’s physical and mental limits and carries with it the potential for serious injury, property loss, and death and that no warranty is made concerning its safety or that of the locales where it is run. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, and actions of other people. These risks are inherent to athletes. You agree to follow all posted traffic signs, and any and all applicable traffic laws, including, but not limited to, the California Vehicle Code. You certify that you are physically fit, have sufficiently prepared for participation in and/or assistance with the Virtual365 Race Event or Third-party Race Events and have not been advised otherwise by a qualified medical person.
(d) If you are the parent or legal guardian signing on behalf of a minor, you hereby acknowledge that you have the legal capacity or authority to act on behalf of the minor and you agree to INDEMNIFY AND HOLD HARMLESS the Released Parties from and against any expenses incurred or Claims made as a result of any insufficiency or legal capacity or authority to act on behalf of the minor.
(f) This Waiver shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. You hereby certify that I have read this document and I understand its contents.
5.2 You will be required to confirm your acceptance of these terms and the waiver when entering each race.
- PERSONAL INFORMATION
6.1 For the purposes of this section, personal information includes any data or information about you that is described as “personal data” and/or “sensitive personal data” in the Data Protection Act 1998 (which includes your name, photos, medical data and other information about you (“Personal Information”). References to our partners includes our sponsors, advertisers, charities and any other third parties with which we may work in connection with the operation of the Website and the organization and promotion of Virtual365 Races or Third-party Race Events.
6.2 You agree that the Personal Information relating to you can be stored, used by us and our partners in connection with the organization and administration of the Virtual365 Race Events or Third-party Race Events.
6.3 You agree that the Personal Information relating to you may be anonymized and the anonymized data may be used by us and our partners in connection with the compilation of statistical information.
6.4 You agree that your name, image and contact details can be used by us and our partners for the purposes of:
(i) the promotion and marketing of the Virtual365 Race Event, Third-party Race Events and the Website;
(ii) adding you to a mailing list to keep you informed about any future events and services which we believe you might be interested in, such as leisure activities relating to either similar types of events or activities or future Virtual365 Races and Third-party Race Events;
(iii) promotional and marketing material in respect of similar events, other community-based activities organized by us and/or our partners.
6.5 If you would not like us or our partners to use the Personal Information other than for purposes related to your participation in the Virtual365 Race Event or Third-party Race Events, please email us.
6.6 You agree that we may publish your Personal Information as part of the lead up to the Virtual365 Race Event or Third-party Race Events and as part of the results of events. Results may include (but not be limited to) name, any club affiliation, race times, occupation, age category, location, submitted times and photos.
6.7 In particular in relation to photographs, you agree to the publication of such photographs and their use by us and those authorized by us in any way which we may see fit now or in the future including but not limited to display on the Website and inclusion in other publications and publicity materials.