Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS carefully before using the www.goruneasy.com website (the “Site”). These Terms and Conditions apply to all visits to and use of the Site, as well as to the Content (as defined hereafter) information, recommendations and services provided to you on or through the Site whether you are a “Visitor” (i.e. you simply browse the Site) or you are accessing as a “Member” (i.e. you have registered with the Site). By accessing and using the Site, you signify your consent to abide by these Terms and Conditions in their entirety (including the terms provided in the Reebok Privacy Policy and Community Usage Rules) in addition to all other laws or regulations that apply to the Site, the Internet, and the World Wide Web. If you do not agree to these Terms and Conditions in their entirety, please leave the Site. If you wish to become a Member and access and participate on the Site as a Member, you must indicate your acceptance of these Terms and Conditions during the registration process.

This Site is owned and operated by Reebok International, Ltd. (“Reebok”). These Terms and Conditions include Reebok’s policies for proper and acceptable use of the Site and your rights and obligations regarding your use of the Site. In order to use certain portions of the Site, either as a Member or a Visitor, you may be required to register at websites of third parties or download third-party software, tools, code, or other content. Your access to and use of any third party software, functionality and content shall be subject to the terms and conditions provided by that third party and you agree to comply with those terms and conditions.

Consent to Use and Transfer of Personal Data

Reebok collects certain personally identifiable information about you when you register and use the Site (“Personal Data”). This Personal Data includes your name, contact information, and other Content you submit to the Site that can be attributed to you. In addition, when you visit the Site, as with many other websites, certain information is automatically logged about your visit. This information may include your computer’s Internet protocol (IP) address, which is the number assigned to your computer whenever it is connected to the Internet, your operating system, screen settings, web browser software, and referring website. Some of this information may also be identifiable to you. We use Personal Data to identify you, to operate and administer the Site, to communicate with you about the Site and other products and services you may find of value, and for marketing and promotional purposes. We may further use the information to improve the Site and services provided to you and to provide Member targeted services in connection with the Site, subject to applicable law.

This Site and the information collected through this Site are managed and controlled by Reebok or by third party service providers on behalf of Reebok. The servers that make the Sites available and that store the information that is collected are located in the United States of America (“USA”). If you are located outside the USA, please note that the information you provide will be transferred to the USA or other countries which may not provide the same level of legal data protection as the country from which you access the Site. By using the Site and submitting Personal Data to Reebok, you consent to and authorize this practice.

We will share Personal Data about you within the Reebok corporate family for the purposes stated in these Terms and Conditions and the Reebok Privacy Policy. We also may disclose Personal Data to our service providers for the purposes described above, and to other third parties if required by applicable law or, in our sole discretion, to protect the personal safety of users of the Site or members of the public. We may send information to Members as deemed necessary to our Member’s use of the Site and the services offered through the Site by such means as email, postal mail, SMS, and telephone. Reebok follows the Reebok Privacy Policy in its operation of the Site except as otherwise provided in these Terms and Conditions. For additional information about Reebok’s practices with respect to Personal Data, please refer to the Reebok Privacy Policy.

Eligibility

Use and registration for the Site is void where prohibited. Access to and use of the Site may be prohibited in certain countries. The Site is available only to people who can form legally binding agreements under applicable law. The Site is considered to be a general audience site and is not intended for use by children. Reebok does not intend to collect personal information from individuals under the age of 16. Children accessing the Site should get the permission and assistance of a parent or guardian to use the Site. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation in the jurisdiction in which you are accessing the Site.

Password

When you register to become a Member, you will be asked to create a user ID and choose a password. You are responsible for keeping your password and user ID secret and confidential. You agree that you are solely responsible for all uses of the Site that are made using your password and user ID, including, but not limited to, the submission and posting of any Content.

Non-Commercial Use of Site and Copyrights

The Site is a community website that allows users to join the Run Easy community to share their running experiences. The Site and services provided on the Site are for the personal, informational, and non-commercial use of Visitors and Members and may not be used, displayed, reproduced or distributed for any commercial use, except as expressly approved in writing by Reebok in each instance. All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, video, illustrations and software ("Content") is owned by Reebok, or its parent or affiliate entities, its Members, its licensors or its content providers.

You may view, copy and print individual pages from the Site (provided that you retain all copyright and other proprietary notices contained on those pages). Except for this limited license, Reebok does not convey to you any right or interest in the Site, Content or information available through the Site or software application by permitting you to access the Site. You may not modify any of the Content posted on the Site and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content.

In the event you download software (including, but not limited to, screensavers, icons, videos or wallpaper) from the Site, the software, including, any files, images incorporated in or generated by the software, and data accompanying the software are licensed to you by Reebok or its third-party licensor. Reebok does not transfer any title to the software to you. You may own the medium on which the software is recorded, but Reebok or its third-party licensors retain full and complete title to the software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to human-readable form.

Your Content

Reebok does not claim any ownership rights in the comments, text, images, photos, or other Content that you submit for posting on the Site (“Your Content”). By displaying, publishing or posting Your Content directly or indirectly on or through the Site, you hereby grant to Reebok, its parent and affiliate entities and those acting at their direction, a perpetual, irrevocable, royalty-free, worldwide license and right to use, modify, reproduce, publicly perform, publicly display, distribute and create derivative works based upon Your Content for any commercial and non-commercial purposes in any media, now known or hereafter created, as Reebok may determine, in its sole discretion, without the need for any acknowledgment or compensation.

By submitting Your Content, you consent to the posting by Reebok of Your Content on the Site and further agree to abide by the rules of etiquette established in the Sites' Community Usage Rules (posted on the Site and incorporated herein by this reference). You acknowledge that as part of the Site, Your Content may be viewed by others, and, therefore, you have no expectation of privacy or confidentiality with respect to your name and Your Content. You further acknowledge that your name and Your Content as made available via the Site may be accessed, viewed, printed and downloaded by others. You should therefore consider Your Content to be public information and you should not submit any confidential or proprietary information to the Site. By submitting Your Content, you expressly permit Reebok to allow other Visitors and Members to access, view, print, download, store, and reproduce Your Content as it is made available on the Site.

You represent and warrant that Your Content is your own original work and has not been published or distributed by any other person or entity, in any form and does not infringe or violate the copyright, trademark, trade secret or other personal or privacy rights of any person or entity. If Your Content includes images and photographs of persons in addition to yourself, you represent and warrant that you have obtained the permission from each person in that image or photograph to submit the Content for use by Reebok on the Site as set forth in these terms and conditions. You understand that you and any other persons that are included in any of Your Content may be requested by Reebok to sign documents acknowledging agreement to these terms and conditions.

You acknowledge that Reebok has not promised you any compensation for Your Content or use of Your Content and that Reebok is not obligated in any way to make any use of Your Content. You agree that Reebok is not required to submit to you any materials that include Your Content for review or approval prior to use by Reebok on the Site or otherwise, and you hereby waive any right to inspect or approve those materials. Reebok reserves the right to modify any of Your Content, in whole or in part, for any reason, and you waive any and all “moral rights” in and to Your Content.

Reebok only acts as a passive conduit for the distribution of Content provided by Visitors and Members and is not responsible or liable for any of the Content, communications and other materials generated by you or any other Visitors and Members.

Trademarks
All trademarks, service marks and trade names of Reebok, or its parent or affiliate entities used on the Site (including but not limited to: the word marks “Reebok,” and “Run Easy” are trademarks or registered trademarks of Reebok or its parent or affiliate entities, unless stated otherwise. You may not use, copy, reproduce, republish, transmit, distribute, or modify the Reebok trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Reebok's prior written consent. The use of Reebok trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of Reebok.

Posted Content and Prohibited Activity

Your use of the Site must be in accordance with the Community Usage Rules. In addition, you are prohibited from using the Site to post or transmit any Content which is or may be infringing, threatening, false, misleading, inflammatory, libelous, defamatory, invasive of privacy, obscene, vulgar, profane, pornographic, harassing, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or that may otherwise give rise to civil liability or violate any law. You are further prohibited from using the Site to post or transmit any Content that could damage or disparage Reebok or any of its affiliate entities in any manner. You are also prohibited from using the Site to advertise or perform any commercial solicitation.

In addition to those activities otherwise provided in these Terms and Conditions, the following is a partial list of the kind of Content and activity that you are prohibited to post or otherwise engage in during your use of the Site.

• Do not provide false or misleading Content or registration information, use the account, user ID, password, or personal information of another Member or disclose your or another Member’s user ID or password to others.

• Do not transmit any “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” in connection with the Site.

• Do not use any robot, spider, site search/retrieval application or automatic device to retrieve, index “data mine” or in any way reproduce or circumvent the navigational structure of presentation of the Site or its Content.

• Do not modify the Content, programs or other materials on the Site or hack into or access the Reebok servers or Site without the express permission of Reebok. Do not use, or provide information regarding, on the Site any computer programs to circumvent copy-protection devices.

• Do not “frame” or “mirror” any part of the Site, without the express permission of Reebok.

• Do not impersonate another person, user or a Reebok staff, employee, or representative, or take actions to interrupt, interfere with or obstruct, or limit the functionality of, the Site, Reebok’s services or any software, hardware or equipment. Do not imply that any statements you make are endorsed by Reebok.

• Do not use the Site in a manner inconsistent with applicable laws and regulations in your jurisdiction.

Site Misuse

Content published or posted by Members or Visitors is solely the opinion and responsibility of the person posting the Content. Reebok does not endorse and has no control over the Content posted by Members or Visitors on the Site. Reebok does not review Content submitted by Members and Visitors prior to posting on the Site and that Content does not necessarily reflect the opinions or policies of Reebok. Reebok shall have the right, but no obligation, to monitor Content of the Site provided by third parties to determine compliance with these Terms and Conditions or any other operating rules established by Reebok for this Site or to determine compliance with any laws, regulations, or authorized government request. Reebok and the Site Members and Visitors work together to keep the Site working properly and the Member community safe. If you become aware of any problems, offensive content, or policy violations or believe that your rights have been violated, please report those problems to us by flagging that Content in the manner described in the Community Usage Rules.

Reebok reserves the right, but has no obligation, to reject, refuse to post or remove any posting or Content (including messages and comments posted to the Site) to suspend or terminate Member accounts or user IDs, to prohibit access to the Site, and to take technical and legal steps to keep Members off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these Terms of Use or our policies. Reebok also reserves the right to cancel unconfirmed Member accounts. Reebok’s decisions to reject, refuse to post or remove Content (including messages or comments) posted by a Member or Visitor or to terminate Member accounts or user IDs are final.

Member Disputes

You are solely responsible for your interactions with other Members and Visitors on the Site. Reebok reserves the right, but has no obligation, to monitor or mediate disputes between you and any other Members or Visitors.

Acknowledgment Regarding Content

The Content accessible through the Site constitutes information and data provided by Reebok, Members and other third parties and is provided for informational purposes only. The Content accessible through the Site does not constitute medical or training advice, is not intended to be a substitute for professional medical or training advice or treatment, and is not an assurance of training performance or results. You should not rely on any information or data provided by this Site, including, without limitation, any suggested training programs, in any way as medical or training advice. Each user should consult a medical doctor prior to engaging in any exercise program and receive confirmation that the medical doctor has no objections or reservations about the user’s fitness or suitability to undertake any exercise or training program. Reliance on any Content provided by the Site is solely at the user’s own risk.

Disclaimer of Warranties

THE SITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND REEBOK, ITS SUBSIDIARIES AND AFFILIATES, LICENSORS AND SUPPLIERS, DISCLAIM ALL SUCH WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.

REEBOK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. REEBOK DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, AND IN EACH CASE, THOSE WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

REEBOK RESERVES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE, OR ANY PART OF, THE SITE AT ANY TIME, WITHOUT NOTICE, WITHOUT INCURRING ANY LIABILITY.

Limitation of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER REEBOK, NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUR OF OR ANYWAY CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE MATERIALS OR CONTENT ON THE SITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS (WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY) EVEN IF REEBOK HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.

You agree to indemnify, defend and hold harmless Reebok, its parent and affiliate entities, and their respective employees, directors, officers and agents from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from or related to any unauthorized use by you of the Site or Content, your provision of any Content, any breach by you of these Terms and Conditions or any claim that you have violated a user's privacy rights by posting, collecting or using Content about Visitors or Members of the Site.

Links to Third Parties

For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Reebok’s service and off the Site and are beyond Reebok’s control. This includes links to partners that may use Reebok logos as part of a co-branding agreement. The sites to which you can link have their own separate privacy policies and although Reebok seeks to protect the integrity of its Site, Reebok is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.

Aggregated Information

Reebok may anonymize Personal Data about you by cleansing it of any information which might allow you to be identified or contacted, and combine this information with that of other Visitors to the Site. Reebok may use this non-personal information for internal business purposes, such as analysis and planning by Reebok’s marketing and customer service departments. We may also sell or otherwise disclose anonymized information to third parties including business partners and others.

Cookies

Cookies are pieces of information that a website transfers to an individual’s hard drive for record keeping purposes while at the website. Cookies make use of the website easier by saving your user ID and password and your preferences. Reebok follows the Reebok Privacy Policy in its use of Cookies except as otherwise provided in these Terms and Conditions. Reebok may use cookies to identify you as a returning Member and to identify your user ID and password so as to allow you to enter your user ID and password less frequently during a session. The cookies may further be used in connection with our discussion boards and community features to facilitate conversation threads and overall service functions.

Security

Reebok uses technical and organizational security measures to protect the Site against unauthorized use. There are inherent risks in the use of the Internet, however, and Reebok does not guarantee that the Site will be secure against unauthorized access by third parties or that any communications that you send to the Site or Your Content will be secure from unauthorized access or interception.

How You Can Contact Us

If you have any questions, comments or complaints about the Site or any of our services, please contact Reebok Customer Service at 781-401-5000 or write to us: Reebok International Ltd., Attn: Customer Service-RunEasy, 1895 JW Foster Boulevard, Canton, Massachusetts, 02021 USA.

How You Can Access and Modify Your Information

At any time, you are entitled to request access to and make corrections to your Personal Data we have collected via the Site. To modify your Personal Data or preferences, re-access your Member account that you established on the Site. The account set-up will allow you to change your information and preferences.

Changes to the Terms

Reebok reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes.

Export Control

Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (a) into any other country to which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Reebok does not authorize the use, downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.

Applicable Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of the Commonwealth of Massachusetts (excluding its conflicts of laws principals) and the parties hereby submit to the exclusive jurisdiction of the Massachusetts Federal and State Courts, waive and agree to waive the defenses and objections of lack of personal jurisdiction, improper venue and forum non conveniens in any action arising out of or related to these Terms and Conditions filed in such courts, and agree not to bring any such action in any other courts. You agree that any claim or cause of action arising out of or related to your use of the Site must be filed within one year after such claim or cause of action arose. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.

Last revised March 17, 2007