06/24/17

Terms of Use

Please read our privacy policy before using the Website.

This website and any other URLs and websites administered by Muskegon Seaway Run and its partners, including any applications available therefrom (collectively, the “Website”) are offered by Muskegon Seaway Run and its partners (collectively, “Seaway Run” or "Mercy HEalth Seaway Run” or “we” or “us”) to you, the user, subject to your acceptance of all the terms and conditions set forth below (“Terms of Use”). The terms “you” and “user” refers to all individuals and entities that access the Website.

By your affirmative actions of registering for and/or using the Website, you signify your agreement to these Terms of Use, to our Privacy Policy and your agreement to communicate with us electronically. If you do not agree to all of these terms and conditions, do not register for or use this Website.

Privacy Policy

At Seaway Run, we respect your privacy and believe you should be informed about how we collect, use and disclose your personal information. Please read our privacy policy (“Privacy Policy”) before using the Website.
We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the Seaway Run home page. In the event of significant changes to the Terms of Use, we may also place a special notice on the Website or communicate the changes by email. Your continued use of the Website following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms of Use, or any revised versions thereof, you may not use the Website.

We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Website. If you engage in any exercise program you receive through the Website you agree that you do so at your own risk and are voluntarily participating in these activities.

Agency
You represent that you are using the Website for its intended purpose. If you are registering or using the Website on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website. Reliance on any information provided by Seaway Run or others appearing on the Website by invitation or as visitors is solely at your own risk.
Subject to terms set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby grant to Seaway Run  a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, videos, photographs or other data and information you submit to the Website (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format (the “User Generated Content License”). “User Generated Content” includes but is not limited to content posted on blogs and user comments. Subject to the terms and conditions set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Seaway Run’s use of the User Generated Content or require your permission for Seaway Run to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Seaway Run or its sublicensees relating to Seaway Run’s or its sublicensees’ use of the User Generated Content that is in accordance with the terms and conditions set forth in this Terms of Use and the Privacy Policy, and you hereby release Seaway Run and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant Seaway Run the right to use your information in connection with the operation of the Website. Seaway Run cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information submitted.
Except for the User Generated Content, the Website and all aspects thereof, including all content and applications available via the Website, and all copyrights, trademarks, and other intellectual property rights therein, is owned by Seaway Run or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain Seaway Run’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website, including any applications available via the Website, except as necessary to view the content on the Website or use an application available via the Website and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted by Seaway Run  to you are retained by Seaway Run  and its licensors.
Upon request by us, you agree to defend, indemnify and hold Seaway Run  and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Website, including any User Generated Content you post, store, reproduce, display, or distribute via the Website and any meeting you arrange via the Website; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.
If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user’s transmissions, User Generated Content, or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to and use of any parts of the Website, or delete information you have posted to the Website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) is offensive to other users, (c) violates the rights of Seaway Run or third parties, or (d) could cause Seaway Run  liability. Without limiting the foregoing, upon any termination of your account or access to the Website we may delete all User Generated Content and other information related to your Community Pages. If Seaway Run suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.
Seaway Run may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that Seaway Run shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.
The Website may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third party websites, you do so at your own risk. Seaway Run suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that Seaway Run  has no liability for any damage or loss of any type that is a result of your use of a third party website.
THE WEBSITE IS PROVIDED BY SEAWAY RUN AND ITS AFFILIATES “AS IS.” NEITHER SEAWAY RUN NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE VIA THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, SEAWAY RUN  AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, SEAWAY RUN  DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
IN NO EVENT WILL SEAWAY RUN   BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SEAWAY RUN   HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF SEAWAY RUN , ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. SEAWAY RUN  ’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.
The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with the laws of the State of Ohio without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Seaway Run  related to the Website exclusively in a federal or state court of competent jurisdiction sitting in Hamilton County, Ohio, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Seaway Run ’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Seaway Run  in writing. These terms and conditions constitute the entire agreement between you and Seaway Run with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

Modifications to the Terms of Use 

Age and Eligibility 

Health Disclaimer

Information on the Website 

User-Generated Content 

Registration and Password

You represent that the information that you provide about yourself as requested in the Seaway Run account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing Seaway Run with your current email address, so that you may receive notifications and other account-related communications.

Ownership of the Website

If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website.

User Indemnification Of Seaway Run 

User Conduct 

Changes to Website 

Third Party Websites 

Content And Warranty Disclaimer 

Limitation of Liability 

Electronic Contracting

General 

If you would like to request additional information regarding these Terms of Use, please contact us at healthymuskegoncounty@gmail.com.

Last updated April 2, 2013