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Terms and Conditions of Use

RoadRUNNER Motorcycle Touring & Travel® TERMS OF USE

Effective Date: March 1, 2022

These Terms of Use govern your use of any website, application, or service (collectively the “Services”) owned and operated by European Creative Communication, Inc., a North Carolina corporation with offices at 2245-D Lewisville Clemmons Rd, Clemmons NC 27012, or its affiliates and subsidiaries (referred to as “RoadRUNNER,” the “Company,” “we,” or “our” as applicable) that displays or links to these Terms of Use.

PLEASE NOTE THAT SECTION 10 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW ANY DISPUTES BETWEEN YOU AND ROADRUNNER WOULD BE RESOLVED.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY VISITING, VIEWING, OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF AND ANY ORGANIZATION YOU REPRESENT) ARE AGREEING TO THESE TERMS OF USE AND TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

1. Structure of the Terms

RoadRUNNER is proud to offer a broad spectrum of active lifestyle content and experiences. These terms apply to your use of and interaction with those Services. Sections 2-13 address our universal terms, and Appendix A contains additional product and service-specific terms.

2. Modification

2.1 Modification of the Services. We reserve the right to modify the Services at any time with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature or service offering altogether.

2.2 Modification of Terms. We also reserve the right to modify these Terms of Use at any time, so be sure to check back regularly. By continuing to use or log in to the Services after these Terms of Use have changed, you indicate your agreement to the revised Terms of Use. If you do not agree to our changes, you can stop using the Services at any time.

3. Accounts & Subscriptions; Payments

3.1 Registration. If you register to use the Services or download one of our applications, we may require you to create an account password in order to make purchases, subscribe to our services, or use certain features on the Services. You must be at least 18 years or older to independently register as a user and create an account. If you are between the ages of 13-18, you may use some Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to RoadRUNNER, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).

To create an account, you must provide truthful and accurate information. Do not impersonate anyone else when you create your account. If your registration information changes at any time, you agree to update your account to reflect those changes.

3.2 Account Security. You may not share your account with anyone else. Please keep your login credentials confidential. You are solely responsible for all activities, including payments, that occur using your account. If you believe that your account has been compromised at any time, please contact us. You are responsible for maintaining the confidentiality of all actions that take place within your account. We are not responsible for any loss that results from any unauthorized use of your login credentials.

3.3 Account Monitoring and Suspension. We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or related to the Services. We may also deactivate, terminate or suspect your account or access to certain Services at any time for reasons included, but not limited to, the following: (1) a violation of the Terms of Use; (2) if we determine, in our sole discretion, that you have created a risk or possible legal exposure for RoadRUNNER or any third party; (3) upon any discontinuation of material modification to our Services; (4) unexpected technical security issues or problems; (5) deletion of your information, files and Content associated with your account in association with a request by you; (6) nonpayment of any fees owed by you in connection with the Services; or (7) extended periods of inactivity. Any termination or suspension of your account shall be at RoadRUNNER’s sole discretion and RoadRUNNER shall not be liable to you or any third party for any suspension or termination of your account or access to the Services.

3.4 Subscriptions, Memberships and Paid Services. As a registered user, you may subscribe to certain premium, paid services, print subscriptions, or digital subscriptions available via the Services (collectively “Subscriptions”). A Subscription will enable you to access certain paid features and content when available. A print Subscription gives you access to digital issues as far back as the Jan/Feb ‘20 issue including GPS files during your paid, active term accessed through RoadRUNNER’s customer portal. A web Subscription gives you access to premium and paid content on this website. Third-party magazine apps are not included in Subscriptions. Your use of premium content and features as a paid subscriber is subject to these Terms of Use, including Section 3 (Limitations on Use of the Services). Additional terms related to certain Subscription offerings can be found in Appendix A.

3.5 Pricing. Subscribers agree to pay the fees listed on the subscription sign up page for the subscription term listed on that page.

Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.

By signing up for and using a Subscription, you agree to waive your 14-day right of withdrawal at the moment you subscribe, to the maximum extent permitted by applicable law, in exchange for immediate access.

If applicable to the particular Subscription, you may modify your Subscription by upgrading or downgrading your Subscription tier at any time. When you modify your Subscription, the change will become effective at the end of the then current Subscription term.

Subscription payments are non-refundable except at our sole discretion and in accordance with the rules governing each Subscription.

3.5 Notice of Auto Renewal; Effect of Cancellation. To provide continuous service to paid subscribers who purchase a Subscription, unless otherwise stated, we automatically renew your Subscription. The renewal term is usually the same duration as the original Subscription term (for example, a one-month Subscription will renew on a monthly basis and a one-year Subscription will renew on an annual basis).

By making a Subscription purchase on the Services, you acknowledge that your account will be subject to the above-described automatic renewals. At any time, if you do not wish your account to renew automatically or if you wish to cancel your Subscription at any time, please contact us.

Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle and will continue to have the same access and benefits for the remainder of the current billing period.

Please note that your paid Subscription may be interrupted as a result of a canceled or expired payment card or other payment method. It is your responsibility to keep your payment card or payment method details up to date to continue accessing the Services.

3.7 Promotions. We may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.

You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, your subscription will automatically renew at the rates displayed at the time of purchase.

We will not notify you in advance that the promotion is about to end and we will not notify you when your promotional rate has ended. To cancel and avoid being charged, you must notify us before the promotion ends.

3.8 Payments. All payments related to your Subscription or other purchases made from your registration account must be made from a payment method on which you are the named account holder (the “Payment Method”). Unless otherwise stated, all fees due for the Subscription(s) are payable in advance, and will be billed automatically to the Payment Method. You agree that we will not be liable for any loss caused by any unauthorized use of your payment card or any other method of payment by a third party in connection with the Services. Any attempt to defraud the Company through the use of payment cards or other payment methods will result in immediate termination of your account and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account. We are entitled to inform relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.

3.9 Payment and Financial Transaction Processing. We may use third party electronic payment processors and/or financial institutions (“Payment Processors”) to process financial transactions. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle such transactions and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted on the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor. In the event of conflict between these Terms of Use and the Payment Processor terms and conditions, these Terms of Use shall govern.

3.10 Fee Changes. The Company reserves the right to increase Subscription fees or to institute new fees at any time with reasonable advance notice. If you do not wish to pay the new prices, you can cancel your Subscription prior to the change becoming effective.

3.11 Discounts. Where applicable, to redeem a discount or coupon code, enter the applicable code before you make your payment. All valid discounts or coupon codes can be applied when subscribing to paid Subscription services. Active accounts are not eligible for discounts or coupon redemptions. Discount and coupon codes cannot be combined with any other promotion, or exchanged, refunded or redeemed for cash. A payment method may be required to redeem a discount or coupon code. It is your responsibility to use a discount or coupon code before it expires. The terms and conditions of a specific discount or coupon code may include additional restrictions on its use.

3.12 Restrictions on Purchases. We may offer opportunities to purchase products via the Services. Certain products may have limited quantities. We reserve the right to refuse any order you place, limit quantities purchased per person, per household, or per order, or cancel orders that you place. In the event that we make a change to or cancel your order, we may attempt to contact you using the contact information you provided when you placed your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, distributors, dealers or other commercial entities.

3.13 Refunds (Third Party Services). If you or an event organizer uses the Services to facilitate certain transactions, please be aware that we cannot provide refunds on behalf of event organizers. Please contact customer service for the event or organization with whom you are transacting for assistance. Our service or processing charges are non-refundable.

4. Limitations on Use of the Services

4.1 Use Restrictions. The Services are available for your personal, noncommercial use. Please do not use the Services in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with the Services or any features on the Services (including any technological measures we employ to enforce these Terms of Use). Please do not attempt to gain unauthorized access to the Services or its associated computer systems or networks. If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your account and access to the Services (with or without refunding any payments you have made for premium access to the Services at our discretion), prohibit you from using the Services, and take appropriate legal action. Using the Services or purchasing a Subscription does not give you ownership of any intellectual property rights to the content that you access. You may not use content from the Services unless you obtain prior written permission from us, or unless you are otherwise permitted to do so by law. When you use the Services, you agree to comply with all laws applicable to you.

4.2 Interactions on the Services. The Services may function as a venue to connect subscribers or members. The Company is a neutral facilitator with no direct involvement in interactions on the Services or control over the truth, accuracy, quality, legality, or safety of posts made by users. As a user of the Services, exercise common sense and good judgment and refer to the Company for investigation of any use that is not in compliance with these Terms of Use.

5. Ownership and Use of Content; User Submissions; Acceptable Use

5.1 Definitions. As used in the Terms of Use, “Content” means any form of information, data, or creative expressions and includes, without limitation, video, films, audio, photographs, images, designs, illustrations, articles, workouts, recipes, training plans, software, features and all intellectual property embodied therein, any of which may be generated, provided or otherwise made available or accessible on or through the Services. “User Generated Content” has the meaning as stated in Section 5.3 below, “User Content” has the meaning as stated in Section 5.4 below, and “RoadRUNNER Content” is anything that is not User Generated Content or User Content.

5.2 RoadRUNNER Content License. All RoadRUNNER Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and to the Services belong to RoadRUNNER and/or its partners or applicable third parties. Subject to your compliance with the Terms of Use, we grant you a limited, revocable, personal, non-transferable and non-exclusive right and license to access and use the Services and the RoadRUNNER Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create derivative works, reverse engineer, sell, assign, sublease, transfer or otherwise commercially exploit any right in the RoadRUNNER Services or Content.

5.3 User Generated Content License. We may provide opportunities for you to post, upload, or submit content on or through the Services (collectively, “User Generated Content”), including User Content (as defined below). This is completely voluntary. Other than User Content, all information that you post, upload, or submit may be publicly accessible via the Services. RoadRUNNER does NOT claim any ownership rights in the User Generated Content on our platform. By displaying or publishing User Generated Content on or through the Services, you grant RoadRUNNER a non-exclusive, world-wide, royalty-free right and limited license to reproduce, store, copy, transmit, publish, display, publicly perform, adapt, modify, create derivative works of, exhibit, sublicense and otherwise use User Generated Content. If you have any questions about the use of User Generated Content under this Section 5.3, or would like your User Generated Content deleted, please contact us.

5.4 Personal User Content. We may provide opportunities for you to store your own preferences, settings, or content for later retrieval on certain Services (“User Content”). User Content is a form of User Generated Content and subject to Section 4 of these Terms of Use. We reserve the right to remove User Content from the Services at our discretion, including if the User Content violates these Terms of Use. User Content may be subject to inadvertent damage, corruption, or loss. User Content that is deleted may be irretrievable. We are not liable for deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any User Content. We recommend that you always backup User Content.

5.5 Representations & Warranties. If you submit any User Generated Content by any means, you represent and warrant that: (a) you are not violating any law, (b) you are not impersonating another person, (c) you own the User Generated Content, (d) you have the right to post, upload, or submit the User Generated Content, (e) all User Generated Content represents your own work, (f) you did not purchase any of the User Generated Content prior to submitting it to the Company, (g) you have redacted any sensitive personal information or other personally identifiable information that you do not wish to be made publicly available, (h) by uploading User Generated Content you agree to intentionally disclose the User Generated Content to other users on the Services subject to these Terms of Use, and (i) you may not be compensated for User Generated Content submitted via the Services at the Company’s discretion.

5.6 Acceptable Use Policy. When you post, upload, or submit User Generated Content to the Services, or otherwise when you use the Services, you agree that you will not (and will not permit any third party to):

  • Infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity;
  • Violate, or intentionally or unintentionally promote any activity that would violate, applicable law;
  • Submit or upload content that is false, misleading, untruthful, threatening, unlawful, harassing, defamatory, libelous, deceptive, abusive, fraudulent, invasive of another person’s privacy, tortious, obscene, pornographic, offensive, profane, or otherwise inappropriate;
  • Submit or upload content for any commercial purpose or for unauthorized or unsolicited advertising purposes;
  • Impersonate any person or entity or otherwise misrepresent your identity or affiliation; or
  • Use automated means to submit content to the Services.

5.7 Indemnification for User Generated Content. You agree to defend, indemnify, and hold harmless the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of any User Generated Content.

5.8 Release Agreement. You release and discharge the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns of any and all claims arising out of your disclosure of User Generated Content, including but not limited to any use of the User Generated Content by a user of the Services for a purpose that the Company prohibits in these Terms of Use.

5.9 User Generated Content Disclaimer. We are not responsible for, and do not endorse, User Generated Content. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any User Generated Content posted by another person.

5.10 RoadRUNNER Content Disclaimer. We make no representations as to the accuracy, reliability or completeness of any RoadRUNNER Content that is published on or made available through the Services, and we make no commitment to update such Content.

5.11 Feedback and Unsolicited Material. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any compensation or obligation to you.

6. Trademark & Copyright Restrictions

6.1 RoadRUNNER Rights. All trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of European Creative Communication, Inc. and/or of third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of these Trademarks in any way. All of the materials on the Services are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.

6.2 Copyright Violations. If you believe any information on the Services infringes your copyrights or applicable law, please contact with the following information:

  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the website;
  • your email address or other contact information that is sufficient for us to contact you;
  • a statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you that the above information in your notice to RoadRUNNER is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Notices should be directed to: office@roadrunner.travel or by mail at:

RoadRUNNER Publishing
2245-D Lewisville Clemmons Rd
Clemmons NC 27012
Attention: Legal Department

7. Service Features

7.1 Social Network Features. The Services may include features that operate in conjunction with certain third party social networking websites that you visit, such as Facebook, Pinterest, Instagram, YouTube, LinkedIn, TikTok, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms of Use, your access to and use of third party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those social networking sites complies with any applicable terms of service or other agreements.

7.2 Mobile Features. You are responsible for making all arrangements necessary to access the Services. For example, access to the Services, including any mobile app, may require the use of certain mobile devices or a wireless data service. You may incur charges from your wireless provider when you use the mobile app. We may update the app at our discretion. If you accept these updates, you agree to pay for any costs associated with receiving them. RoadRUNNER makes no representations that the app will be compatible with your device or wireless data service.

8. Warranties and Disclaimers

To the maximum extent permitted by applicable law, you agree that RoadRUNNER is not providing medical advice via the Services. All content provided through the Services, whether provided by RoadRUNNER or others, is not intended and should not be used in the place of (a) the advice of your physician or other medical professionals; (b) a visit, call or consultation with your physician or other medical professionals; or (c) information contained on or in any product packaging or label. To the extent permitted by applicable law, we are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events that you learn about through the services. Should you have any health-related questions, please call or visit your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.

BY USING THE SERVICES, YOU EXPRESSLY AGREE THAT: (A) THE COMPANY IS NOT PROVIDING HEALTH OR MEDICAL ADVICE VIA THE SERVICES; (B) YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR ACTIVITIES, INCLUDING ATHLETIC ACTIVITIES; AND (C) ROADRUNNER DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY ORGANIZED OR PROMOTED ON THE SERVICES OR BY ROADRUNNER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROADRUNNER IS NOT RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY INJURY, ILLNESS, OR DAMAGES SUSTAINED FROM YOUR USE OF, OR INABILITY TO USE, ANY SERVICES OR FEATURES OF THE SERVICES, INCLUDING ANY CONTENT OR ACTIVITIES YOU ACCESS OR LEARN ABOUT THROUGH THE SERVICES, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF ROADRUNNER OR OTHERS. IF YOU CHOOSE TO PARTICIPATE IN ANY PROGRAMS, SERVICES OR ACTIVITIES ORGANIZED OR PROMOTED ON THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE CONSULTED WITH YOUR PHYSICIAN BEFORE ENGAGING IN ANY ACTIVITIES OR MAKING ANY NUTRITIONAL DECISIONS BASED ON THE CONTENT OF OUR WEBSITES AND/OR APPLICATIONS.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, THE COMPANY DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SERVICES, THE SERVICES PROVIDED ON THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THAT THE SERVICES WILL BE FREE FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE RELIABILITY, COMPLETENESS, SECURITY, QUALITY, ACCURACY, AVAILABILITY, OR APPLICABILITY TO YOU OF THE SERVICES, ANY CONTENT PROVIDED ON THE SERVICES, OR ANY SERVICES OFFERED BY THE COMPANY VIA THE SERVICES OR ELSEWHERE ONLINE OR OFFLINE. WE PROVIDE THE SERVICES “AS IS.”

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

9. Indemnification; Limitation of Liability

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of your breach of these Terms of Use, the User Generated Content you create or share through the Services, and any of your activities related to or in connection with the Services.

EXCEPT WHERE PROHIBITED, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES EXCEED THE GREATER OF THE AMOUNT YOU PAID USE TO USE THE APPLICABLE SERVICES IN THE PAST TWELVE (12) MONTHS, OR $500.

10. Disputes

If you are a resident of the United States:

You agree that any dispute or claim arising out of your use of any of the Services or any products or Subscriptions sold on the Services, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms of Use.

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration will take place by phone or videoconference, unless an in-person hearing is requested by either party. In that case, the hearing will take place in the state where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, group, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that notwithstanding our agreement to only arbitrate disputes as stated above, you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Raleigh, North Carolina, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and RoadRUNNER agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and RoadRUNNER waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor RoadRUNNER may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

This agreement to arbitrate will not preclude you or RoadRUNNER from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or RoadRUNNER from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of RoadRUNNER’s intellectual property rights.

Thirty-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: RoadRUNNER Publishing, Attn: Legal Department, 2245-D Lewisville Clemmons Rd, Clemmons NC 27012. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes according to these Terms of Use. If you opt out of these arbitration provisions, RoadRUNNER also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, RoadRUNNER may terminate your use of the Services.

If you are a resident of the European Union: Notwithstanding anything to the contrary in these Terms of Use, if there is a dispute that you and RoadRUNNER cannot resolve, you have the right to submit a complaint through http://ec.europa.eu/consumers/odr. Other than as set out in these Terms of Use, we do not participate in any ADR scheme.

• In addition, nothing in these Terms of Use limits your rights to bring an action against RoadRUNNER in the local courts of your place of domicile. All disputes arising under the Terms of Use between you and RoadRUNNER will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile, or the courts located in Ireland, and you and we hereby submit to the personal jurisdiction and venue of these courts.

11. Email and Text Communications

11.1 Electronic Communications. You agree that all communications related to your use of the Services will be sent electronically and that such communications satisfy any legal requirement that such communications be in writing. All notices from the Company to you shall be deemed delivered and effective when sent to the e-mail address you provide to us. If you opt in to receive promotional emails, you will be able to later opt-out by following the instructions provided in those emails. You cannot however opt out of communications that are related to your use of the services available on the Services.

11.2 Notices. When you use the Services or send communications to us via the Services, you are communicating with us electronically. Similarly, you consent to receive, from us electronically, communications related to your use of the Services. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company to you will be deemed delivered and effective when sent to the e-mail address you provide to us.

12. United States Operations; International Disclaimer

The Services are controlled and primarily operated by RoadRUNNER from its offices within the United States of America, and our policies and procedures are based primarily on United States law. If you are not a United States resident and accessing our Content or Services from outside the United States, the following provisions apply: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data (as that term is defined in our PRIVACY POLICY), to and in the United States and/or other countries; (ii) you are not authorized to access or make use of the Services from a location embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals”; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which that would subject RoadRUNNER or its affiliates to any registration requirement within such jurisdiction or location.

13. Additional Details

13.1 Additional Features. Certain features on the Services may be subject to separate terms, which will be presented in conjunction with those features. Your use of those features will be governed by those separate terms.

13.2 Third-Party Links & Ads. The Services may contain links to third-party websites. That doesn’t mean that we control or endorse those websites or any goods or services sold on those websites. Similarly, the Services may contain ads from third parties. We do not control or endorse any products being advertised.

13.3 Third Party Software. The Services may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms of Use limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

13.4 No Waiver. If you do not comply with these Terms of Use, and we don’t take enforcement action right away, that does not constitute a waiver, and we are not giving up any rights that we may have (such as taking enforcement action in the future).

13.5 Governing Law. These Terms of Use are governed by and construed in accordance with the laws of the state of North Carolina without regard to its conflict of laws rules. For disputes that are not subject to arbitration, you expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and or your use of any of the Services resides in the courts located in Raleigh, North Carolina, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If you are a user based in the European Union, then Irish law shall apply to these Terms of Use and the Irish courts shall have exclusive jurisdiction to hear disputes arising in relation to the Terms. Despite this, your local laws in your European Union Member State may allow you to take legal action against RoadRUNNER in your Member State and to invoke certain local laws against RoadRUNNER.

13.6 Miscellaneous. If it turns out that a particular provision in these Terms of Use is not enforceable, that will not affect any other provision. Headers are for convenience and do not affect the interpretation of these Terms of Use. These Terms of Use constitute the entire agreement between you and the Company relating to the use of this Services and supersedes and replaces any prior agreement and communication between the parties.

13.7 California Notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

13.8 Contact Us. If you have any feedback, questions or comments about the Services, please contact our Support Team by emailing office@roadrunner.travel or direct your communication to us by mail at: RoadRUNNER Publishing, 2245-D Lewisville Clemmons Rd, Clemmons NC 27012.

13.9 For Profit Organization. RoadRUNNER is a for profit organization. During the checkout process, we ask for donations, which are completely voluntary. Customer acknowledges that a donation does not provide any service or product in return. Customer may not deduct a donation to RoadRUNNER for tax purposes. RoadRUNNER pays all applicable tax on donation revenue. RoadRUNNER asks for donations to keep subscription prices low during a time of rising USPS postage and production costs.

APPENDIX A

Product and Service Specific Terms

1. RoadRUNNER Rides

Please see RoadRUNNER Rides’ Pricing Terms at www.roadrunner-rides.com, or on the app stores (depending on which is applicable to your subscription) for details regarding pricing for the Services.