Run Speed Performance.com (collectively, “Run Speed Performance”, “us”, “we” or “our”) are pleased to provide you with access to and use of our Website (including browsing of any of the web pages on the site), applications, content, streaming services, products, goods, equipment, services, software, technology and any other materials (collectively, “Run Speed Performance Services”) that we may provide.
Run Speed Performance SERVICES ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 18. IF YOU ARE under the age of 18, YOU MUST ACCESS AND/OR USE ANY Run Speed Performance SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
2. Changes To These Terms.
3. RUN SPEED PERFORMANCE Intellectual Property; Limited License To Run Speed Performance Services.
You acknowledge and agree that the RUN SPEED PERFORMANCE Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom are owned by JJULTIMATE SPORTS TRAINING D/B/A RUN SPEED PERFORMANCE , LLC or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain RUN SPEED PERFORMANCE Services (such as our mobile applications) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of RUN SPEED PERFORMANCE and its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with RUN SPEED PERFORMANCE’S ownership of the RUN SPEED PERFORMANCE Services, and that you gain no rights, title, or interest in or to any RUN SPEED PERFORMANCE Services, except as stated in these Terms or any executed written agreement between you and RUN SPEED PERFORMANCE . In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of RUN SPEED PERFORMANCE or any third party.
B. Limited License.
For any RUN SPEED PERFORMANCE Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific RUN SPEED PERFORMANCE Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
You are prohibited from, and expressly agree that you will not: (i) circumvent, modify or disable any content protection system or digital rights management technology used with any RUN SPEED PERFORMANCE Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any RUN SPEED PERFORMANCE Services to a human-readable form; (iii) remove identification, copyright or other proprietary notices in or on the RUN SPEED PERFORMANCE Services; (iv) access or use any RUN SPEED PERFORMANCE Services in an unlawful, fraudulent or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, rent, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any RUN SPEED PERFORMANCE Services or any part thereof, except as expressly authorized in these Terms or as part of the RUN SPEED PERFORMANCE Services provided to you; (vi) access or use any RUN SPEED PERFORMANCE Services or Website in any way that causes, or may cause, damage to RUN SPEED PERFORMANCE ; (vii) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any RUN SPEED PERFORMANCE Services or connected network, or interfere with any person or entity’s use or enjoyment of any RUN SPEED PERFORMANCE Services; (viii) access, monitor, or copy any element of the Run Speed Performance Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (ix) sell, resell, or make commercial use of the Run Speed Performance Services, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any Run Speed Performance Service in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any Run Speed Performance Services, you represent and warrant that: (ix) your access to and use of the Run Speed Performance Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Run Speed Performance Services and our websites.
D. Third Party Services and Content.
Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the Run Speed Performance Services (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the Run Speed Performance Services. RUN SPEED PERFORMANCE DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY RUN SPEED PERFORMANCE SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE WEBSITE OR BY A THIRD-PARTY. UNDER NO CIRCUMSTANCES WILL RUN SPEED PERFORMANCE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIS WEBSITE OR THIRD-PARTY CONTENT POSTED ON THE RUN SPEED PERFORMANCE SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE RUN SPEED PERFORMANCE SERVICES.
E. App Providers.
If you access any Run Speed Performance Service using an Apple iOS or other third-party device, you acknowledge that each of those third party companies, such as Apple Inc. (each, “App Provider”), will not be responsible for any damages arising out of the failure of a Run Speed Performance Service to operate as intended.
When accessing any Run Speed Performance Services by or through an App Provider, you acknowledge and agree that: (i) these Terms are concluded between you and Run Speed Performance , and not with the App Provider, and that we are solely responsible for any Run Speed Performance Services (such as mobile applications), and not the App Provider; (ii) the App Provider has no obligation to furnish any maintenance and support services with respect to any Run Speed Performance Services; (iii) in the event of any failure of the Run Speed Performance Services to conform to any applicable warranty: (a) you may notify the App Provider and the App Provider will refund the purchase price for the Run Speed Performance Services to you (if applicable); (b) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Run Speed Performance Services; and (c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (iv) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to any Run Speed Performance Services or your possession and use of the Run Speed Performance Services, including without limitation: (d) product liability claims; (e) any claim that the Run Speed Performance Service fails to conform to any applicable legal or regulatory requirement; and (f) claims arising under consumer protection or similar legislation; (v) in the event of any third party claim that the Run Speed Performance Service or your possession and use of the same infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; (vi) the App Provider and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of the Run Speed Performance Services, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; and (vii) you must also comply with all applicable third party terms of service when using the Run Speed Performance Services. As also mentioned in these Terms, you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
F. Disclaimer of Warranties.
YOU ACKNOWLEDGE AND AGREE THE RUN SPEED PERFORMANCE SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH AND WELLNESS CONTENT AND ADVICE, AND NUTRITIONAL ADVICE OR INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE Run Speed Performance SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE RUN SPEED PERFORMANCE SERVICE OR PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY Run Speed Performance SERVICES. YOU AGREE TO USE THE RUN SPEED PERFORMANCE SERVICES AT YOUR SOLE RISK.
YOU WILL NOT HOLD RUN SPEED PERFORMANCE OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE RUN SPEED PERFORMANCE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE RUN SPEED PERFORMANCE SERVICES MAY CONTAIN BUGS, VIRUSES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. You accept that it is your responsibility to make adequate provisions for protection against such threats. We recommend scanning any files before downloading.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY RUN SPEED PERFORMANCE OR THIRD PARTIES ON OR THROUGH OUR WEBSITE, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM INDEPENDENT CONTRACTORS OR THIRD PARTIES. WE DO NOT PERFORM BACKGROUND SEARCHES ON INDEPENDENTLY CONTRACTORS OR THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE AVAILABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH Run Speed Performance; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.
G. Mobile Networks; Texting.
When you access any Run Speed Performance Services through a mobile network, such as one of our mobile applications, or you sign up for our text message programs, your network or roaming provider’s messaging, data and other rates and fees may apply. Not all Run Speed Performance Services may work with your network provider or device.
When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an auto dialer to the number you provide, and that your consent for us to send you text messages is not a condition of participation in any Run Speed Performance Services. Not all carriers may be included within our text messaging programs. You are free to opt-out of receiving text messages from us at any time. Please see any additional instructions provided to you at the time you sign up.
4. Your Content And Account.
A. User Generated Content.
You may not submit or upload User Generated Content that Run Speed Performance determines in its sole and absolute discretion is illegal, infringing, false, defamatory, slanderous, embarrassing, harassing, threatening, bigoted, hateful, violent, vulgar, abusive, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our members, contractors, and affiliates, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the Run Speed Performance Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of Run Speed Performance, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by Run Speed Performance. You agree to comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Run Speed Performance Services and our websites.
B. License to Your User Generated Content.
We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the Run Speed Performance Services and on third-party sites and platforms such as Facebook, YouTube and Twitter, etc.), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, or on our websites. We are not, however, obligated to use your User Generated Content.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a limited, non-transferable, non-exclusive license to create a derivative work using our copyrighted works as required for the sole purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
C. Public Forums.
Certain Run Speed Performance Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same.
D. User Conduct.
You must only use the Run Speed Performance Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any Run Speed Performance Services. In using any Run Speed Performance Services, and in particular, our Website, you expressly acknowledge you are prohibited from, and agree that you will not use the content or the Website or Run Speed Performance without our prior express written consent:
- copy, reproduce, or improperly use or access any content on our Website;
- modify, distribute, or re-post any content on our Website for any purpose;
- use the content on our Website for any commercial exploitation whatsoever;
- disrupt or interfere with the security of, or otherwise abuse, our websites, or any services, system resources, accounts, servers, or networks connected to or accessible through our websites or affiliated or linked sites;
- access content, data or portions of our websites which are not intended for you, or log onto a server or account that you are not authorized to access;
- attempt to probe, scan, or test the vulnerability of the Run Speed Performance Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
- access any Run Speed Performance Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
- interfere or attempt to interfere with the use of our websites or applications or the Run Speed Performance Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our websites;
- harass, “stalk”, disrupt or interfere with any other user’s enjoyment of our websites or affiliated or linked sites;
- copy, store, host, transmit, send, use, publish, distribute, upload, post, or otherwise transmit through or on our websites any viruses, spyware, Trojan horse, worm, keystroke logger, rootkit or other harmful, disruptive, or destructive files and/or malicious computer software;
- use, frame, or utilize framing techniques to enclose any Run Speed Performance trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Run Speed Performance’s express written consent;
- use meta tags or any other “hidden text” utilizing a Run Speed Performance name, trademark, or product name without Run Speed Performance ‘s express written consent;
- deeplink to our websites without Run Speed Performance’s express written consent;
- create or use a false identity on our websites, share your account information, or allow any person besides yourself to use your account to access our websites;
- harvest or otherwise collect information about Run Speed Performance users, including email addresses and phone numbers;
- download, “rip,” or otherwise attempt to obtain unauthorized access to any Run Speed Performance Services, content or other materials; or
- post any copyrighted material unless the copyright is owned by you.
E. Your Account; Passwords.
Certain Run Speed Performance Services permit or require you to create an account to enjoy additional services and benefits that we provide. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for illegal conduct.
You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Run Speed Performance Services. You agree not to use the account, username or password of any other account holder at any time. Run Speed Performance will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
F. Member Public Profiles.
When you create an account with us, you may be asked to provide certain personal information, such as your name and e-mail address. Some of this information may be publicly viewable by others, such as other Run Speed Performance members or account holders.
Run Speed Performance relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. Run Speed Performance does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.
The Run Speed Performance website may contain blogs, bulletin boards, athlete highlights, chat rooms, news media, and forums and or other message or communication areas designed to allow you to interact with others. You agree to use these social media services only to post, send and receive messages and materials that are proper and related to the particular social media. Run Speed Performance disclaims any liability with regard to the social media sites and any actions resulting from your participation in any of the sites.
You are solely responsible for your interactions with other members, visitors, coaches or instructors. You acknowledge and agree that Run Speed Performance does not (i) screen its members; (ii) inquire into the backgrounds of its members; or (iii) review or verify the statements of its members, including without limitation, information or representations contained in public profiles. Run Speed Performance does not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and you agree to exercise all precautions in your interactions with other members. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.
5. Important Notice About Our And Nutrition Content.
A. Run Speed Performance Services Not Medical Advice.
The Run Speed Performance Services Do Not Constitute Medical Advice. Although Run Speed Performance provides its products and services with your health and safety in mind, it is critical that you consult your physician or other suitably qualified health professional, follow all provided safety and other instructions, and obtain authorization before accessing or using any Run Speed Performance Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. THE RUN SPEED PERFORMANCE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL CONDITION, REPLACE THE ADVICE OF A HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The information made available on or through the Run Speed Performance Services should not be relied upon when making medical decisions. YOUR USE OF ANY Run Speed Performance SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND RUN SPEED PERFORMANCE. Your individual results using Run Speed Performance Services may vary. Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition. The testimonials featured on our Website may have used more than Run Speed Performance product, services or contractors to achieve their maximum results. Furthermore, Run Speed Performance does not perform background checks or searches on any independently contracted individual or party.
B. Not a Substitute for Consultation with Qualified Health Professional.
C. Nutrition Information.
Certain Run Speed Performance Services, such as nutrition plans provided with our programs and online nutrition database, provide nutrition, food, caloric and other related information designed to help our customers eat healthy to reach their health and wellness goals. While any nutrition information we may provide is designed to safely align with our related exercise regimens, you must consult your physician before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies, dietary restrictions or if you are pregnant or breast feeding.
D. Assumption of Risk.
You expressly acknowledge and agree that your access, use and/or involvement with any Run Speed Performance Services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Run Speed Performance from and against all claims, suits, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Run Speed Performance Services.
E. Assume All Responsibility of Injury.
By participating in Run Speed Performance classes/programs, you assume all responsibility for ensuring the area in which you conduct, participate in or view a class, is safe for participation. It is your responsibility to ensure that the place you exercise in is clear of all obstacles or any object can cause you physical harm. Run Speed Performance disclaims itself and will not be held responsible or liable for any physical harm that you may suffer as a result of your failure to ensure the safety of the area of participation complies fully with any health and safety regulations, standards or policy that is appropriate or applicable to that area, and that full compliance with that health and safety policy, regardless of whether intentional or accidental.
F. Immediately Stop Exercising If you Feel Ill, Faint or Sick.
By participating in Run Speed Performance Website, you are agreeing that you will stop exercising immediately if you should feel ill, faint or believe you are suffering any detrimental physical effects from taking part in the exercise. It is your responsibility to immediately consult a suitable health professional to investigate any symptoms or physiological problems, and will not re-commence using Run Speed Performance sessions or other forms of exercise unless a suitably qualified health professional has advised that you are fit and physically well enough to continue with them.
6. Copyright Policy And Copyright Agent.
It is Run Speed Performance’s policy to respect the copyright and other intellectual property rights of others. Run Speed Performance may remove content from its websites or other properties that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, Run Speed Performance may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Run Speed Performance complies with the Digital Millennium Copyright Act.
If you believe that content available on or through the online Run Speed Performance Services, or accessible via links posted on online Run Speed Performance Services, infringes your copyright, you or your authorized agent may submit a notification to us, as set forth in this policy. Please send a notification including all of the information described below (“Notification”) by mail or e-mail using the contact information provided below.
You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on the Run Speed Performance Services infringes your copyright, you should contact an attorney.
A Notification must include the following:
- Identification of the copyright claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (preferably a link to the material).
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.
- The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please direct Notifications via email to: firstname.lastname@example.org, or by mail to:
Run Speed Performance
1529 Shonka Dr.
Carrollton, TX 75007
Upon receipt of a substantially compliant Notification regarding an alleged copyright violation, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. We will also terminate in appropriate circumstances users who are repeat infringers.
No part of the Website may be distributed or copied for any commercial purposes or financial gain.
7. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
The terms of this Section shall apply to all Disputes between you and Run Speed Performance. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Run Speed Performance arising under or relating to any Run Speed Performance Services, Run Speed Performance ’ websites, these Terms, or any other transaction involving you and Run Speed Performance , whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND RUN SPEED PERFORMANCE AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR RUN SPEED PERFORMANCE FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
B. Binding Arbitration.
You and Run Speed Performance further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
C. Small Claims Court.
Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
D. Dispute Notice.
In the event of a Dispute, you or Run Speed Performance must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Run Speed Performance must be addressed to:
Run Speed Performance
1529 Shonka Dr.
Carrollton, TX 75007
The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Run Speed Performance and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Run Speed Performance may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
E. Waiver of Class Actions and Class Arbitrations.
YOU AND RUN SPEED PERFORMANCE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND RUN SPEED PERFORMANCE AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
F. Arbitration Procedure.
If a party elects to commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in these Terms, except that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or Carrollton, Texas, at your option.
Unless you and Run Speed Performance otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Run Speed Performance submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
G. Initiation of Arbitration Proceeding.
If either you or Run Speed Performance decides to arbitrate a Dispute, we agree to the following procedure:
- Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”).
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
- Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
H. Hearing Format.
In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Run Speed Performance, or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Run Speed Performance is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
J. Amendments; Entire Agreement.
These Terms may not be amended unless in a signed writing by the owner of Run Speed Performance. These Terms constitute the final, exclusive and complete agreement between you and Run Speed Performance regarding the subject matter hereof and supersede all agreements, communications and course of dealings between you and Run Speed Performance .
It is the express intent of the parties that these Terms and all related documents have been written in English.
L. Choice of Law
These Terms are governed by and constructed in accordance with the laws of the State of Texas, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
M. Reservation of Rights.
Run Speed Performance reserves the right to suspend or terminate your interaction with any Run Speed Performance Services for any or no reason in its sole and absolute discretion, including your access, use or purchase of any products, goods or services that we provide. If you are accessing, using and/or purchasing any Run Speed Performance Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms. Run Speed Performance reserves to itself any and all rights not expressly granted herein.
Membership, Billing and Cancellation,
Your Run Speed Performance packages membership, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Run Speed Performance Services. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
- Recurring Billing: By starting your Run Speed Performance subscription membership and providing or designating a Payment Method, you authorize us to charge you a monthly subscription membership fee at the then current rate, and any other charges you may incur in connection with your use of the Run Speed Performance Services, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding services, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- No Refunds: PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods: You may edit your Payment Method information by visiting our website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for
- Cancellation: You may cancel your Run Speed Performance membership at any time, and you will continue to have access to the Run Speed Performance Services through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to your Profile “Dashboard” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.