RunTex, The Runner's Store The RunTex Foundation RunTex University Store Locations Email Customer Service

Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE
Welcome to the Velocity.com Web Site (the "Web Site") operated by Bones in Motion, Inc. ("BiM"). Please review the following terms and conditions concerning your use of the Web Site and associated mobile applications. By accessing, using, downloading or uploading any content to the Web Site, you agree to follow and be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not use this Web Site. BY CONTINUING TO USE THE WEB SITE AND ASSOCIATED MOBILE APPLICATIONS, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.

This Agreement sets out the legally binding terms for your use of the Web Site and your rights to upload and access content. BiM may modify this Agreement from time to time and such modification shall be effective upon posting by BiM on the Website. You agree to be bound to any changes to this Agreement when you use the Web Site after any such modification is posted. This Agreement includes BiM's policy for acceptable use and content posted on the Web Site, your rights, obligations and restrictions regarding your use of the Web Site and BiM's Privacy Policy.

PERMISSION TO USE THE WEB SITE
BiM hereby grants you permission to display, copy and download the content on this Web Site (the "Content") provided that: (a) you make only one copy of the Content for your personal, noncommercial internal use only unless specifically licensed to do otherwise by BiM in writing; (b) you do not remove any copyright notice or other proprietary notices from the Content; (c) you do not transfer the Content on this Web Site to another person; and (d) you do not modify the Content in any way. In addition, you may not redirect any Content on any other server without BiM's prior express written permission. Furthermore, you agree to prevent any other unauthorized copying of the Content. If you breach any of these terms and conditions, your permission to use the Web Site will automatically terminate and you must immediately destroy or delete any downloaded or printed Content.

This Web Site is available only to individuals who can form legally binding contracts under applicable law for the personal use of registered Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of BiM. Illegal and/or unauthorized use of the Web Site, including collecting usernames and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Web Site will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may result in termination of membership privileges. Appropriate legal action will be taken by BiM for any illegal or unauthorized use of the Web Site or associated mobile applications.

MEMBERSHIP
To use this Web Site, a Member must first complete the registration form. During registration a Member is required to provide contact information (such as name and e-mail address). This information will be used to contact the Member about services on our Web Site for which the member has given a clear grant of permission. The Web Site serves to connect Members, store and present Content. As a neutral service provider, BiM is not directly involved in the actual transactions between Members of the Web Site. As a result, BiM cannot verify the truth, accuracy, quality, legality, or safety of postings made by Members. Because we rely upon the voluntary representations of Members, BiM is not able to confirm the identity of Members. BiM also does not confirm nor verify the qualifications, background, or abilities of Members. Therefore, you are relying upon you own common sense and good judgment when dealing with any Member on the Web Site.

WIRELESS SERVICE AND FEES
The Web Site offers links and instructions to purchase the Velocity mobile application for compatible mobile phones through select wireless service providers. By downloading such applications, you grant permission for the wireless service provider to add the indicated monthly subscription charge and any applicable taxes or fees to your monthly bill. Furthermore, you acknowledge and agree to pay all airtime and/or wireless data usage charges associated with downloading and your on-going use of the Velocity application. Since BiM relies upon, and cannot control, the quality of wireless services, we are not responsible for any billing issues arising from failed downloads, cancellation disputes, phone equipment failure, and loss of wireless coverage or data during your use of the Velocity application. BY DOWNLOADING THE Velocity MOBILE PHONE APPLICATION YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE TO PAY THE WIRELESS SERVICE PROVIDER ALL FEES ASSOCIATED WITH ITS USE. You may terminate your Velocity mobile phone subscription at any time, for any reason by removing the application from your mobile phone. You shall not be entitled to any refunds for cancellation during a wireless service provider's current billing cycle. As a Velocity mobile application user we recommend that you view instructions at http://velocity.runtex.com/help

The Velocity client application and the Web Site enable capture, storage and display of a Member's location history. Since this is sensitive and personal Content, any unauthorized attempts to determine the identity of or download location information from a Member's mobile phone or the Web Site will be investigated and may (at BiM's sole discretion) result in termination of your account without notice. If BiM terminates your Web Site Membership because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of subscription or fees. By using the Web Site and by becoming a Member, you acknowledge that BiM reserves the right to charge for applications, services and Content whether directly or through third parties and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.

THIRD PARTY RELATIONSHIPS
Any interactions with merchants, advertisers, or Members on the Web Site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and such merchant, advertiser, or user. You agree not to hold BiM liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, or Members on the Web Site.

THIRD PARTY CONTENT
BiM may make available to Members on the Web Site various content. BiM is a distributor (and not a publisher) of content supplied by any third parties and Members of this Web Site. BiM has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Members are those of the respective author(s) or distributor(s) and not of BiM. BiM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Web Site by anyone other than authorized BiM employees acting in their official capacities. You understand and acknowledge that BiM is not responsible for and does not monitor content for accuracy or reliability.

INFORMATION RIGHTS AND RESTRICTIONS
As a Member, You will be allowed to upload Content, post information, location data and text to publicly accessible and limited-access areas of the Web Site. You are not allowed to post logos, seals or slogans from third parties on any part of the Web Site unless they are provided by BiM or a BiM partner, or You have sought and received express, written permission from BiM to display such logo, seal or slogan. (Contact: .)

When uploading or posting information including (but not limited to) text, files, links, attachments, software or other Content to publicly visible areas of the Web Site, you grant, or warrant that the owner of such Content has expressly granted, a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in derivative works in any form, media or technology.

BiM expects Members to use good judgment when posting information, remarks or other Content regarding other Members, service providers, BiM or any other third party. You may be held legally responsible for damages suffered by other Members, BiM or third parties as a result of legally actionable or defamatory comments, remarks or other information or Content which you post to the BiM Web Site. Under federal law (specifically, the Communications Decency Act of 1996), BiM is not legally responsible for any remarks, information or other Content posted or made available on its Web Site by any Member or third party, even if such information or Content is defamatory or otherwise legally actionable. BiM is not responsible for and does not monitor or censor Content for accuracy or reliability. However, BiM reserves the right to remove or restrict access to any information or Content posted or made available on its Web Site by its Members or any third party if ordered to do so by a court or if BiM considers such information or Content to be in violation of its Use Agreement or posted rules or policies, including information or Content BiM considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, illegal, overly disparaging or deprecating of BiM or other Members or otherwise objectionable.

MEMBER REPRESENTATION
The effectiveness of the Web Site relies upon accurate representations from its Members. As a Member, you agree to provide true, accurate and complete information when prompted, and to maintain and update such information to that standard for the duration of your Web Site Membership. Whenever you post any information on or to the Web Site you agree to provide true, accurate and complete information. BiM may terminate your account upon the discovery that the information you provided or posted is inaccurate.

MEMBER AGREEMENT
You agree NOT to do any of the following while using the Web Site:

  • Violate any applicable law or regulation;
  • Post or upload any Content that infringes a third party's intellectual property rights or rights of publicity or privacy;
  • Post or upload any Content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortuous, threatening, pornographic, harmful, overly disparaging or deprecating of BiM or other Members or otherwise objectionable;
  • Access, attempt to modify or use non-public or non-authorized areas of the Web Site. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution;
  • Tamper with postings of other Members;
  • Post logos, seals or slogans from third parties on any part of the Web Site unless they are provided by BiM or a BiM partner;
  • Solicit or gather any Member's information available from the Web Site, such as other Members' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "Spam" or "chain letters;
  • Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Web Site;
  • Post false or misleading information about a route, event, product, service, etc.;
  • Frame or link to the Web Site except as permitted in writing by BiM;
  • Impersonate or misrepresent yourself or your affiliation with any person or entity.

COOKIES AND LOG FILES
Similar to common convention among most web sites, the Web Site uses cookies and web log files to track site usage. A cookie is a tiny data file which resides on your computer which allows the Web Site to recognize you as a user when you return to our site using the same computer and web browser. Like the information you enter at registration or in your Settings, cookie and log file data is used to customize your experience on the web site.

One type of cookie, called a "session" cookie, is used to identify a particular visit to the Web Site. Session cookies expire after a short time or when you close your web browser.

Due to the communications standards on the Internet, when you visit the Web Site we automatically receive the URL of the site from which you came and the site to which you are going when you leave the Web Site. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your ISP. This information is used to analyze overall trends to help us improve the Velocity service, but is not linked to personally identifiable information in any way.

LIVE TRACKING FEATURE
Certain versions of BiM Active applications on compatible mobile phones allow you to publish your location and performance statistics in real time via wireless communication to BiM web sites (or its affiliates) and via SMS text messages. By choosing to enable this feature you acknowledge and agree that: BiM is not responsible for the underlying technology and network infrastructure that determines and transmits location. As such BiM does not warrant the accuracy of LIVE TRACK reports in terms of true position, timing and performance statistics under any circumstances. Should there be insufficient wireless data service bandwidth during LIVE TRACKING events (where a high concentration of wireless users are present - for example), BiM cannot guarantee consistent availability location reporting and alert messaging. LIVE TRACKING is designed for recreational information purposes only and is not intended for use as an emergency response capability or any other such related function. By enabling LIVE TRACKING your physical location will be publicly displayed to others by the alias you choose when registering for the service. You are solely responsible for managing your true identity within the system and the consequences of other's ability to match your true identity with your physical location. PLEASE USE CAUTION IN YOUR SELECTION OF AN ALIAS. Others may track your position by viewing the relevant BiM web site(s) or via SMS text messages if they know your mobile phone number and you are registered for an event featuring the LIVE TRACKING service. If you do not register for such an event, no one will be able to track you even if they know your mobile phone number. You grant, or warrant that BiM has an expressly granted, worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete your LIVE TRACKING location data and representation of such (in whole or in part) and/or to incorporate such in derivative works in any form, media or technology. Any additional charges for wireless services (text messaging, data access or airtime usage) will be the sole responsibility of those who are electing to register for a LIVE TRACKING for the increased use of the BiM Active mobile application to report location and associated text messaging prior to and following the event. Spectators who elect to receive alerts via text message will bear the sole responsibility for charges related to these wireless services. You acknowledge and agree that you have the option to discontinue the LIVE TRACK service reporting or receipt of alerts at any time. YOU AGREE THAT BIM OR ITS AFFILIATE PARTNERS BEAR NO RESPONSIBILITY OF ANY KIND EITHER EXPRESS OR IMPLIED FOR YOUR SAFETY OR FOR THE POTENTIALLY HARMFUL ACTIONS OF OTHERS WHO MAY LEARN OF YOUR LOCATION VIA THE LIVE TRACKING SERVICE AND THAT BIM CANNOT CONTROL ACCESS TO PERSONAL INFORMATION THAT YOU HAVE ELECTED TO PUBLISH.

NO WARRANTY
YOU USE THE WEB SITE AT YOUR OWN RISK. BiM endeavors to provide a convenient and functional Web Site, but We do not guarantee that it will be error free or that the Web Site or the server that operates it are free of viruses or other harmful components. Additionally, while we do not anticipate our server malfunctioning BiM at times may report a server down or the loss of database information.

As mentioned above, BiM reminds you to be careful in your dealings with other Members. Without limiting the foregoing, EVERYTHING ON THE WEB SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND WEB SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

BIM MAKES NO WARRANTY THAT THE WEB SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND WEB SITE CONTENT) WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BIM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE WEB SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE. BIM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBERS FROM BIM OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY BIM, THE CONTENT ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND BIM HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. BIM MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEB SITE.

LIMITATION OF LIABILITY
BIM SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE CONTENT. IN NO EVENT SHALL BIM BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE AND MOBILE APPLICATIONS (INCLUDING THE LIVE TRACKING FEATURE), EVEN IF BIM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD BIM HARMLESS FROM, AND YOU COVENANT NOT TO SUE BIM FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE, ASSOCIATED MOBILE APPLICATIONS (INCLUDING THE LIVE TRACKING FEATURE).

PROPRIETARY CONTENT
Certain elements and Content on this Web Site are protected by trademarks, copyrights, patents and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by BiM. Velocity, BiM, the BiM logo, and/or other BiM products referenced herein are trademarks of Bones in Motion, Inc., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. You may not use, and nothing contained on this Web Site grants by implication, waiver, estoppel or otherwise, any right to use any trademark displayed on the Web Site without the written permission of BiM or the respective owner. Copyright© 2004-2007 BiM, 108 Wild Basin Road, Suite 231, Austin, Texas 78746. All rights reserved.

LEGAL VENUE
This Web Site is managed by BiM from its corporate offices within the United States of America. BiM makes no representation that the Content on the Web Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Web Site from other locations do so at their own volition and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any action related to the Content or the terms herein shall be governed by Texas law and controlling U.S. federal law.

PUBLIC POSTS
The Web Site has discussion boards, online forums and other collaborative technologies that allow individual comments and messages to be tied to a user name, identification or e-mail address. Any information you post in such forums is public information and we cannot control what uses third parties may make of personal information you share in such forums.