TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you represent that you are of sufficient legal age to create binding legal obligations for any liability that may incur as a result of your use of this site and signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.

Limited permission to view using a browser and to cache granted.

All images, web site design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software Copyright © 2016, The Accidental Marathoner
P.O. Box 854 Bolingbrook, Illinois 60440-0854
ALL RIGHTS RESERVED.

1. OWNERSHIP. This site (Site), and each of its components, is the copyrighted property of The Accidental Marathoner (“Accidental”), and/or its various third party providers and distributors. Portions of the content found on this Site may be owned by third party providers and distributors and is the copyrighted work of the respective third party providers. None of the content or data found on this Site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Accidental and/or its third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this Site (collectively, the “Trademarks”) are registered and common law Trademarks of Accidental, their affiliates, and various third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Accidental or such other party that may own the Trademarks.

2. USE OF SITE. You may only use this Site to browse the content for informational purposes, make inquiries to Accidental, and not for any other purposes. This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Accidental, except that you may download, display and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other International laws. Accidental may refuse access to this Site to any individual or organization for any reason not prohibited by law.

3. EXCLUSION OF WARRANTY. ACCIDENTAL AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. ACCIDENTAL AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

4. LIMITATION OF LIABILITY. ACCIDENTAL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL ACCIDENTAL OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY NICU OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

5. INDEMNIFICATION. You shall defend and indemnify Accidental and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal fees, brought by third parties as a result of your use of this Site.

6. HEALTH RELATED INFORMATION. You should be aware that the material that appears on this Site is for informational purposes only and is not meant to substitute for individualized advice provided by a physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. You should read carefully all product packaging. If you have or suspect that you have a medical problem, promptly contact your health care provider. The information and services offered on this Site are provided with the understanding that neither Accidental nor its suppliers or its contributors are engaged in rendering medical, professional or legal services or advice. This Site may contain forward-looking statements that may differ materially from actual developments and, as such, should not be replied upon. Accidental will not be held responsible for any damages the user suffers or inflicts upon another party. Any information provided on this Site is not intended to be used in lieu of any standard recognized medical protocol but rather is intended for informational and educational purposes only. Products or treatments described on this Site may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications. Information presented or contained herein may not have been evaluated by the United States Food and Drug Administration or any international regulatory body. Any reference to a specific product or treatment is for your information only and may not be construed as an offer or enticement to purchase and is not intended to diagnose, treat, cure, or prevent any disease.

7. GOVERNING LAW AND ARBITRATION. Any controversy or claim arising out of or in connection with this Agreement or the breach thereof, shall be settled by arbitration in Chicago, Illinois USA in accordance with the then-prevailing Rules of Commercial Arbitration of the American Arbitration Association, and judgment on the awards granted by the arbitrator may be entered in any court having competent jurisdiction thereon. The parties agree that any such arbitration shall be held within thirty (30) days of first submitting the demand for arbitration, and unless all parties agree otherwise, the hearing shall not exceed one (1) day. Any ruling shall be issued by the arbitrator within two (2) days following the hearing.

8. SEVERABILITY. These terms and conditions shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

9. MODIFICATION. Accidental may at any time modify these terms and conditions and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.


ACCIDENTAL PRIVACY POLICY

Accidental respects the privacy of its customers and understands the importance of privacy to visitors to our Site. We may collect and store information so that we can efficiently provide information services to our users. This privacy statement is designed to help you understand what information we gather and what we do with the information.

Users may have the option of submitting registration information or subscribing to informational services available through Accidental. “Registration Information” means any personal information (including any billing information) you submit when registering with Accidental or THEACCIDENTALMARATHONER.COM for newsletters, updates, or other informational services available through Accidental. The Registration Information you submit will be used by Accidental for purposes of operating Accidental and any other internal business purpose of Accidental reasonably related to such operations. Accidental reserves the right to, at its sole discretion, disclose to third parties certain information contained in our registration files, but under no circumstances will we disclose any credit card information without your prior consent, except as required by law.

Children. Accidental strongly believes in protecting the privacy of children online (we define “children” as minors younger than 13). As such, Accidental does not knowingly collect or use any personal information from children or knowingly allow children to register with us. IN TRANSMITTING ELECTRONIC COMMUNICATIONS TO ACCIDENTAL, THE USER OF THIS WEB SITE IS REQUESTING THAT ACCIDENTAL SEND INFORMATION TO OR CONTACT THE USER REGARDING OUR PRODUCTS AND/OR SERVICES. ACCIDENTAL WILL MAKE EVERY EFFORT TO ACCOMMODATE REASONABLE REQUESTS FOR INFORMATION IN A TIMELY MANNER BUT MAKES NO GUARANTEES FOR THE TIMELINESS OF SUCH RESPONSES. THE USER SHOULD BE AWARE THAT ACCIDENTAL IS NOT RESPONSIBLE FOR DELAY, NON-DELIVERY OR NON-RECEIPT OF ANY INFORMATION EXCHANGED BETWEEN ACCIDENTAL AND THE USER OR VICE-VERSA DUE TO INTERNET CONNECTIVITY PROBLEMS, MAN-MADE OR NATURAL DISASTERS, FORCE MAJEURE, COMPUTER MALFUNCTIONS OR INCORRECT CONTACT INFORMATION (INCLUDING BUT NOT LIMITED TO E-MAIL ADDRESSES, MAILING ADDRESSES, TELEPHONE, CELLULAR, PAGER OR FAX NUMBERS) SUPPLIED BY THE USER.

CHANGES TO OUR PRIVACY POLICY

We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, simply by posting such change, update or modification on our Site. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any such change, update or modification will be effective immediately upon posting on the Site.

CONTACT INFORMATION

Our postal address is:
The Accidental Marathoner
P.O. Box 854
Bolingbrook, Illinois
60440-0854

We can be reached via e-mail at linda@theaccidentalmarathoner.com.

We can be reached via telephone at (630) 305-3599.

Last updated on October 24, 2016.