Terms and Privacy Policies
INTRODUCTION & LEGAL NOTICE
HOW YOUR INFORMATION IS USED
Running Over 50 will not sell, rent, loan or lease your personally identifiable information to others unless we have your permission or are required by law to do so. Running Over 50 will not use or share the personally identifiable information that you provide to us online in ways unrelated to those described herein without first letting you know and offering you a choice to opt out.
If you have any problems exercising your choice to opt out, please Contact Us.
Protecting Your Privacy is Important to Us
INFORMATION WE COLLECT
Non-personally identifiable information
As a visitor to our Site, you can engage in many activities without providing any personal information. We do, however, collect and aggregate information indicating, among other things, which pages were visited, the order in which they were visited, and which hyperlinks were “clicked” with Cookies. Such information is not linked to any personally identifiable information. The non-personally identifiable information we collect helps us identify the most popular areas of our Site and determine the effectiveness of our promotional activities.
Cookies are text files that store some information on your computer’s hard drive and allow our systems to recognize your browser. Cookies collect information like IP addresses, operating systems and browser software, but they do not collect any personal information. Cookies let you customize your experience at our Site.
Personally identifiable information
On Running Over 50’s sites, you can order products, enter contests, vote in polls or otherwise express an opinion, subscribe to one of our services, such as our online newsletters, or participate in one of our online forums or communities. The types of personally identifiable information that may be collected at these pages include name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services. Data collected online may also be combined with information you provide when you register your ownership of Running Over 50 products. Running Over 50 uses your information to better understand your needs and to provide you with better service.
HOW WE PROTECT YOUR INFORMATION
To prevent unauthorized access or disclosure, to maintain data accuracy and to ensure the appropriate use of information, we have put into place physical, electronic and managerial procedures to safeguard the information that we collect online. We use encryption when collecting or transferring data such as credit card information.
IMPORTANT PRIVACY NOTICE FOR EUROPEAN VISITORS
For those of you visiting us from the European Economic Area, please note that Running Over 50 may transfer your personally identifiable data outside the European Economic Area for use for any of the purposes described herein. By using our web site and providing us with your personal data, you actively consent to such transfer of your personal data.
In accordance with applicable privacy law of the EU, you have the following rights in respect of your personal information that we hold:
RIGHT TO ACCESS & RECTIFY YOUR INFORMATION
You have the right to access and correct your personal information at any time. To review, update or make changes to your personal information, please Contact Us:
Data Privacy (Legal Department)
Subject: Access to Personal Data
RIGHT TO BE FORGOTTEN
You have the right to request that any personal data provided by you to Running Over 50 be removed from our secure server. To request your information to be forgotten, please include where your personal data had been submitted [webstore, contact form, app sign up form, ect.] and submit your request to
Data Privacy (Legal Department)
Subject: Remove Personal Data
RIGHT TO RESTRICTION
You have the right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of that personal information.
RIGHT TO OBJECT
You have the right to object, on grounds relating to your particular situation, to the processing of your personal information being used by Running Over 50.
TERMS OF SERVICE
You (“you” or the “User”) have a nonexclusive, nontransferable, limited and revocable right to use the Web site solely for your personal educational, informational and entertainment use, subject to the terms and restrictions herein contained. The user will not use the Web Site for any other purpose, including any commercial purpose, without the Company’s express prior written consent. User agrees to cooperate with NPT in causing any unauthorized use to immediately cease.
LIST OF RESTRICTIONS
Neither the Web site nor any element thereof, including, without limitation, text, graphics, images or other materials, may be copied, repurposed, uploaded, posted, transmitted or redistributed. However, you may download one copy of such materials to your individual computer solely for your personal, non-commercial use only, provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification or obfuscation. You may not modify or prepare derivative works based upon the Web site, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise attempt to access the source code to any software downloaded from the Web site. It is a condition of your use of this Web site that you do not restrict or inhibit any other user from using this Web site.
RESERVATION OF RIGHTS
All rights, titles, and interests in and to this Web site are owned by NPT. All trademarks, service marks and trade names are also proprietary to NPT. None of the items mentioned herein may be used without the express written consent of NPT. All rights are reserved by NPT.
THE WEB SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NPT MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR SUITABILITY OF THE CONTENT CONTAINED ON THE WEB SITE. NPT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NPT DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEB SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. NPT MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE WEB SITE IS CURRENT, UP-TO-DATE OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
UNDER NO CIRCUMSTANCES AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL NPT OR ANY OF ITS RELATED OR AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER, CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NPT IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USER. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEB SITE. IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS WEB SITE USAGE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
LINKS TO THIRD PARTIES’ WEBSITES
You have the right to access and correct your personal information at any time. To review, update or make changes to your personal information, please contact NPT may have provided links and pointers to Internet sites maintained by third parties (“third party sites”) and may from time to time provide third party materials on this site. Neither NPT nor its related, affiliated companies operate or control in any respect any information, products or services on these third-party sites. The third party materials in this site and the third party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, NPT disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness. NPT does not warrant or make any representations regarding the use or the results of the use of the third party materials in the third party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Except as described otherwise, all materials in the NPT site are made available only to provide information about NPT. NPT controls and operates this site from its headquarters in Wilmington, North Carolina, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.
THIRD PARTY WEBSITES
This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement shall be deemed to have been made in the State of North Carolina, USA. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of North Carolina, USA, without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of New Hanover, North Carolina, USA for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the North Carolina courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and NPT as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent or employee of NPT and NPT shall not be liable for any representation, act or omission of the User.
NPT’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of NPT’s right to comply with law enforcement requests or requirements relating to the User’s use of this Web site or information provided to or gathered by NPT with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between the User and NPT with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and NPT with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
As a condition of use of this Web site, the User agrees to indemnify NPT, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees) and damages arising out of legal claims resulting from User’s use of this Web site, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
Data Privacy (Legal Department)
New Potato Technologies, Inc.
5508 Business Drive
Wilmington, NC 28405