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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. By using this Web Site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use this Web Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Web Site following the posting of changes to these terms (including our Privacy Statement), subject to our procedures for material changes to our Online Privacy Statement will mean you accept those changes.

1. PRIVACY:

User should review our Privacy Statement, which is incorporated by reference into this Terms of Use Agreement.

2. RESTRICTIONS ON USE OF MATERIALS:

This Web Site is owned and operated by Gary Smith's Easy Runner, its subsidiaries, or its affiliates (referred to as Gary Smith's Easy Runner, "we," "us," or "our" herein). Except as otherwise permitted by these Terms of Use, no material from this Web Site or any Web Site owned, operated, licensed or controlled by Gary Smith's Easy Runner may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, noncommercial home use, or to place an order to purchase product from Gary Smith's Easy Runner, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other Web Site or networked computer environment is strictly prohibited. Absolutely no framing of this Web Site is permitted without the prior written consent of Gary Smith's Easy Runner. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

3. CONTENT POSTED OR SUBMITTED BY YOU:

Certain pages on the Web Site may allow you to post text, photographs, videos, audio, or other content ("Content"). Unless otherwise specified on a particular Web Site, you may only post Content to the Web Site if you are a resident of the United States and are thirteen (13) years of age or older. If you are a minor, you must have permission from your parent or legal guardian before you post any Content to this Web Site. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person's parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Gary Smith's Easy Runner. You may not post or distribute Content that is illegal or that violates these Terms of Use. By posting or distributing Content to the Web Site, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Web Site and (b) the Content does not and will not infringe any copyright, trademark, right of publicity, or any other third-party right nor violate any law or regulation.

By submitting or posting Content to the Web Site, you grant Gary Smith's Easy Runner the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Web Site, Gary Smith's Easy Runner does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Gary Smith's Easy Runner owns all right, title, and interest in any compilation, collective work, or other derivative work created by Gary Smith's Easy Runner using or incorporating Content posted to the Web Site.

You are solely responsible for anything you may post on the Web Site and the consequences of posting anything on the Web Site.

4. CONTENT POSTED BY OTHER USERS:

Gary Smith's Easy Runner is not responsible for, and does not endorse, Content in any posting made by other users on the Web Site. Under no circumstances shall Gary Smith's Easy Runner be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Web Site. If you become aware of misuse of the Web Site by any person, please contact Gary Smith's Easy Runner us by emailing customer_service@garysmithseasyrunner.com or calling 1.800.991.6815. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

5. USE OF WEB SITE:

Impersonation of others, including a Gary Smith's Easy Runner employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Web Site or use the Web Site to solicit others for any other commercial online service or other organization.

You may not without the prior written permission of Gary Smith's Easy Runner, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Web Site or accessed through this Web Site. You may not engage in the mass downloading of files from this Web Site; use the computer processing power of this Web Site for purposes other than those permitted above; or flood this Web Site with electronic traffic designed to slow or stop its operation. You may not establish links to or from other Web Sites to this Web Site without the prior written consent of Gary Smith's Easy Runner.

6. ACTIVITIES PROHIBITED ON THE WEBSITE:

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Web Site. Gary Smith's Easy Runner reserves the right to investigate and take appropriate legal action against anyone who, in Gary Smith's Easy Runner's sole discretion, engages in any of the prohibited activities.

Prohibited activities include - but are not limited to - the following:

Using the Web Site for any purpose in violation of local, state, or federal laws or regulations;
Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Gary Smith's Easy Runner in its sole discretion or pursuant to local community standards;
Posting Content that constitutes cyber-bullying, as determined by Gary Smith's Easy Runner in its sole discretion;
Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
Posting telephone numbers, street addresses, or last names of any person;
Posting URLs to external Web Sites or any form of HTML or programming code;
Posting anything that may be "spam," as determined by Gary Smith's Easy Runner in its sole discretion;
Impersonating another person when posting Content;
Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
Allowing any other person or entity to use your identification for posting or viewing comments;
Harassing, threatening, stalking, or abusing any person;
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Web Site, or which, in the sole discretion of Gary Smith's Easy Runner, exposes Gary Smith's Easy Runner or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
Encouraging other people to engage in any prohibited activities as described herein.

Gary Smith's Easy Runner reserves the right - but is not obligated - to do any or all of the following:

Investigate an allegation that any Content posted on the Web Site does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the Content;
Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
Terminate a user's access to the Web Site upon any breach of these Terms of Use;
Monitor, edit, or disclose any Content on the Web Site; and
Edit or delete any Content posted on the Web Site, regardless of whether such Content violates these standards.

7. THIRD-PARTY COPYRIGHTS:

If you believe any Content on the Web Site infringes your copyright, you may request removal of such Content (or access thereto) from this web Web Site by contacting Gary Smith's Easy Runner as set forth below and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by mail to:

Gary Smith's Easy Runner
11525 Cantrell Road, Suite 102
Little Rock, AR 72212 USA

In an effort to protect the rights of copyright owners, Gary Smith's Easy Runner maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Web Site who are repeat infringers.

8. INTELLECTUAL PROPERTY:

All content included on this Web Site, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Gary Smith's Easy Runner or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on this Web Site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Web Site is strictly prohibited. All other product names contained in this Web Site are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Gary Smith's Easy Runner enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact Gary Smith's Easy Runner, Law Department, 112 W. 34th St., New York, NY 10120.

9. SUBMISSIONS TO GARY SMITH'S EASY RUNNER:

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Gary Smith's Easy Runner through this Web Site becomes the exclusive property of Gary Smith's Easy Runner, and Gary Smith's Easy Runner is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission. The user acknowledges the originality of any submission communicated to Gary Smith's Easy Runner and accepts responsibility for its accuracy, appropriateness and legality.

10. WARRANTY DISCLAIMER:

This Web Site and the materials, Widgets and products on this Web Site are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Gary Smith's Easy Runner disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Gary Smith's Easy Runner does not represent or warrant that the functions contained in the Web Site will be uninterrupted or error-free, that defects will be corrected, or that this Web Site or the server that makes it available are free of viruses or other harmful components. Gary Smith's Easy Runner does not warrant or make any representations regarding the use or the results of the use of the materials in this Web Site in terms of their correctness, accuracy, reliability or otherwise. You (and not Gary Smith's Easy Runner) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.

11. LIMITATION OF LIABILITY:

Under no circumstances, including, but not limited to, negligence, shall Gary Smith's Easy Runner be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use this Web Site or the performance of the Widgets or products, even if Gary Smith's Easy Runner or authorized representatives of Gary Smith's Easy Runner have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Gary Smith's Easy Runner's total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Web Site.

12. INDEMNIFICATION:

As a condition of use of this Web Site, you agree to indemnify, defend, and hold harmless Gary Smith's Easy Runner, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Web Site or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Web Site using your account.

13. TYPOGRAPHICAL ERRORS:

In the event that a product sold is mistakenly listed at an incorrect price, Gary Smith's Easy Runner reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Gary Smith's Easy Runner shall issue a credit to your credit card account.