Terms and Conditions
Introduction
This ClubRunner Subscription Agreement represents the complete Agreement and understanding between Infotech Business Centre Inc. doing business as ClubRunner, headquartered at 2010 Winston Park Drive, Suite 200, Oakville, Ontario, L6H 5R7 (hereinafter "ClubRunner"), and the customer requesting a subscription (hereinafter the "Club") and supersedes any other written or oral agreement. Upon notice, ClubRunner may modify the terms and conditions contained herein and may discontinue or change the services offered in the event of failure to comply with the following provisions.
WHEREAS, the Club wishes to subscribe to the ClubRunner Internet service; and
WHEREAS, ClubRunner is interested in offering the Club such a service;
WHEREAS, the Club and ClubRunner mutually desire to set forth the terms applicable to such association;
NOW, THEREFORE, for the mutual consideration set forth herein, the adequacy of which is hereby acknowledged, the Club and ClubRunner, intending to be legally bound, hereby agree as follows:
1. Definitions
1.1 - HTML means the series of commands for formatting Web Pages known as Hypertext Markup Language, and shall include any current and future extensions thereto, whether or not the extensions are commonly viewed as "official".
1.2 - Internet means the world-wide network of computers commonly understood to provide some or all of the following features, among others: electronic mail, file transfers through File Transfer Protocol ("FTP"), Telnet access to local and remote computers, UseNet Newsgroups, Gopher access to information on local and remote computers, Wide Area Information Servers, and World Wide Web access.
1.3 - Club Site means the ClubRunner web page set up by ClubRunner.
1.4 - Administrative Site means the part of the club site accessible through a secure login.
1.5 - External Web Site means any Web Page or other material that can be accessed using a Web Browser and that is not part of ClubRunner's or the Club's Web Site.
1.6 - Home Page is the first page that displays when accessing a Web Site.
1.7 - Web Browser means software designed to allow interactive access to the World Wide Web (and in some cases to other Internet resources as well), currently supporting Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, Safari.
1.8 - Third Party Applications are services that provide functionality on the Club website that are not provided by ClubRunner and are embedded by the Club onto their website.
1.9 - Use of Cookies mean a file consisting of a string of characters is stored to identify you are a new or returning visitor to the website. It does not allow you to be personally identified and you can clear cookies to remove all records of association between yourself and the website.
2. Terms and Conditions
This agreement details the terms and condition under which the Club will receive the ClubRunner service from ClubRunner.
2.1 - Scope
2.2 - Usage Guidelines
Bandwidth and storage for the ClubRunner service is imposed to be within reasonable limit, while email traffic is defined based on the size of your club, to prevent system interruptions and ensure optimal performance of all club databases for the entire ClubRunner network. These include the amount and sizes of uploaded documents and photos. Photos are compressed automatically to reduce space usage and maximize the total amount of photos accepted. These terms are in place to ensure acceptable response times for the ClubRunner service and to guarantee equal opportunity to the entire network of users. If the Club exceeds their allocated email credits and/or recommended bandwidth and storage boundaries, the Club will be sent a courtesy notice with suggestions on how to adopt email best practices and/or maximize web site performance. Additional email credits are available for purchase at a pro-rated fee for the remainder of your subscription. More information can be found here. If no action is taken from the Club to address this, ClubRunner has the right to apply additional usage charges to their annual invoice.2.3 - Pricing
2.4 - Advertising
2.5 - ClubRunner Quarterly Newsletter & Service Updates
2.6 - Agreement Period, Renewal and Refund Policy
2.7 - Anti-Spam
2.8 - Use of Cookies & Demographic Data Collection
Where upon you submit a form on our website (trial or newsletter subscription), a log of your IP address is stored to comply with anti- spam regulations. General demographic data is also collected through our site via cookies to track user interactions & sessions for aggregate use. IP addresses are not linked to personally identifiable information. Use of the overall website permits ClubRunner to store log files to analyze site usage patterns, browser type, etc. for statistical purposes.
3. Rights and Liabilities
3.1 - Limitation of Liability
It is expressly agreed that ClubRunner's maximum liability for damages hereunder, regardless of the form of legal action, whether in contract or in tort, including negligence, shall in no event exceed the actual subscription payment received by ClubRunner for the services pursuant to this Agreement during the last 12 months of this Agreement.
3.2 - Service Availability and Response Time
ClubRunner will exert its best possible effort to ensure the availability and response time of ClubRunner. The Club acknowledges that it will accept this service on an as-is basis, and no guarantees would be implied on either availability hours or response time.
3.3 - Third Party Usage
By using third party applications, you understand and agree that ClubRunner cannot be held liable or responsible for the validity, copyright, legality, security or all other lawful aspects associated with the usage of the third party application(s). The Club is responsible for reviewing the policies of the application providers.
3.4 - No Consequential Damages
In no event shall ClubRunner be liable hereunder for special, indirect or consequential damages, including, but not limited to, loss of profits, loss of revenue, loss of use or loss of data, even if advised of the possibility thereof, or, if reasonably foreseeable, incurred by the Club or claimed against the Club by any other party, nor shall ClubRunner be held liable for any damages whatsoever resulting from an event of force majeure. ClubRunner's liability for death or personal injury resulting from the negligence of ClubRunner or that of its employees or agents or in relation to any other liability which may not by applicable law be excluded or limited is not excluded or limited and nothing in this agreement shall be construed as an attempt to exclude or limit such liability.
3.5 - Ownership Rights
ClubRunner retains all ownership rights on ClubRunner, including the Club Site, and has the right to use the Club Site, logo, name, and all testimonials given from the club and its members (whether active or ex-members) for its own advertising purposes, including listing your link and/or screenshot on ClubRunner's main website or advertorial material including case studies. All work created by ClubRunner is protected by Copyright law. All content, membership information and photos added to ClubRunner by the club is owned by the Club. ClubRunner is a registered trademark of ClubRunner. Any unauthorized use or duplication of ClubRunner's work, including but not limited to HTML, ASP, ASPX, JavaScript, VBScript code, logos, page design or layout, themes, stylesheets, and/or data is illegal, and will be prosecuted to the fullest extent of the law.
3.6 - Domain Name Ownership Rights
In the event that a club or district transfers the management of their domain name to ClubRunner or has ClubRunner register a domain name on their behalf, all ownership rights to that domain belong solely to the customer. ClubRunner does not express ownership rights on any domain registrations or transfers initiated on behalf of the club/district. A club or district can request to have this name transferred to their own account or management at any time although refunds will not be issued.
3.7 - Governing Law
This Agreement shall be governed by the laws of the Province of Ontario, Canada. ClubRunner is protected by international copyright laws.
3.8 - Privacy
None of your personal information will ever be shared, rented, sold or otherwise released to any third party.
View our Privacy Policy and GDPR Information.