RUN BYFEEL® WEBSITE TERMS & CONDITIONS
Thank you for visiting our website located at (the "Site"). The Site is the Internet property of RUN BY FEEL, LLC ("the Company" "we", "our" or "us"). You agree to our Terms and Conditions, in their entirety, when you: (a) access or use the Site; or (b) register as a client ("Client", “Athlete”, “you”) on the Site
If you do not agree to all of the Terms and Conditions, you are not authorized to use and/or access the Athlete Services, the various training programs and schedules and technology made available to Athletes (collectively, "Training Program”).
All of the content (the media, text, images, graphics, and other information pertaining to training programs and coach communication , analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork and other content made available by and through the Site and/or Services, collectively, "Content") appearing on the Site or provided to an Athlete regardless of form, is provided for informational purposes only, and none of the Content is intended for medical purposes. Much of the Content is provided by third party entities. We shall not be responsible or liable for the accuracy, usefulness or availability of any Content or other information transmitted or made available via the Site, and shall not be responsible or liable for any sickness or injury based on such information. Neither RUN BYFEEL, nor its coaches or employees are licensed doctors or medical practitioners. RUN BYFEEL is not engaged in rendering medical advice associated with any health, running or physical training matter and nothing we do and no element of the Site should be construed as such. The Content on the Site is not a substitute for professional medical advice. You should always check with your physician and/or other medical services providers to be sure that any Content or other advice, products and/or services offered by and through the Site are appropriate for you. RUN BYFEEL disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Site.
RUN BYFEEL IS NOT ACTING AS A PHYSICIAN, DOCTOR, OR DIETICIAN. RUN BYFEEL ADMINISTERS RUNNING PROGRAMS.
1. Description of the Athlete Services.
(a) Basic Training
By registering on the Site and after receiving approval from RUN BYFEEL, we will make available to you for a fee the "Basic Training" program. Basic Training will enable you to : (i) engage training services from the RUN BYFEEL coaching staff including a personalized daily training schedule for RUN BYTIME phase (ii) utilize the Site's many interactive features designed to foster interaction between you and the coaches as well as other Registered Users including, but not limited to, periodic coach communication, blogs, message boards and other comment sections located in designated areas of the website as well as the CloudRunning technology platform powered by RunningAhead ("Interactive Services"); (iii) gain inclusion in the RUN BYFEEL database through which you can receive e-mail communications from RUN BYFEEL, other registered entities and third parties, as applicable (iv) gain access to product and/or service listings ("Service Provider Listings") posted on the Site by registered service providers, such as athletic shoe or apparel companies (collectively, "Service Providers") that may offer you merchandise or services associated with the RUN BYFEEL Athlete Services.
(b) Premium 1/2 Marathon/Full Marathon Training
By registering on the Site and after receiving approval from RUN BYFEEL, we will make available to you for a fee either the "Premium 1/2 Marathon Training Program" or the "Premium Full Marathon Training Program” of your choice. In addition to the above, both Programs will enable you to: (i) engage training services from the RUN BYFEEL coaching staff including a personalized daily training schedule for the FULL RUN BYTIME, RUN BYHEART and RUN BYRACE phases (ii) Running whitepapers, race specific direction, preparation and review and diet and nutrition guides (iii) an official RUN BYFEEL “RBF Running” race tank top (iv) 20% off of any future or additional RUN BYFEEL products
(c) Elite 1/2 Marathon/ Full MarathonTraining
By registering on the Site and after receiving approval from RUN BYFEEL, we will make available to you for a fee either the "Elite 1/2 Marathon Training Program" or the "Elite Full Marathon Training Program" of your choice.. In addition to the above, both Programs will enable you to: (i) engage training services from the RUN BYFEEL coaching staff including a personalized daily training schedule for the ENHANCED RUN BYTIME, RUN BYHEART and RUN BYRACE and RUN BYSPEED phases (ii) Running whitepapers, race specific direction, preparation and review and diet and nutrition guides (iii) an official RUN BYFEEL “RBF Running” race tank top (iv) 20% off of any future or additional RUN BYFEEL products
(d) Sharing of Information with Coaches
You understand and agree that RUN BYFEEL may contact you via e-mail or the CloudRunning platform powered by RunningAhead for the sole and exclusive purpose of providing you with information, analyses, research and/or other information about your personal training program. You agree that the coaches may gain access to certain portions of your personal information included in RUN BYFEEL surveys as well as through all communication platforms for the purpose of tailoring or modifying a specific training program for you. Your communication with coaches is encouraged but discretionary.
Items (a) through (c) above shall be referred to, collectively, as the "Training Programs." As an Athlete, in connection with the Programs, Interactive Services, Service Provider Listings and otherwise, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees. RUN BYFEEL reserves the right to prohibit any conduct by an Athlete or to remove any Content, Registration Data and/or other material posted by Athletes by and through the Site and/or Interactive Services that RUN BYFEEL deems, in its sole and absolute discretion, to be in violation of the Agreement or which RUN BYFEEL believes to be illegal, potentially harmful to others, otherwise objectionable or that may expose RUN BYFEEL to harm, damage to reputation or liability. Notwithstanding the foregoing, RUN BYFEEL undertakes no responsibility to monitor or otherwise police the Content, Registration Data, Service Provider Listings and/or other material posted by Registered Users or third party Service Providers or their Offerings.
The Service Provider Offerings contain descriptions that are provided directly by such Service Providers. RUN BYFEEL does not represent or warrant that the descriptions of such items are accurate, up to date or complete and has no control over: (i) the quality, safety or legality of the Service Provider Offerings; (ii) the truth or accuracy of any descriptions associated with the Service Provider Offerings; and/or (iii) the ability of the applicable Service Provider to sell or offer the applicable Service Provider Offerings. Do not assume that the offer, sale, purchase, export or import Service Provider Offering is valid and legal simply because it is made available by and through the RUN BYFEEL Athlete Services. We are not responsible for ensuring that the applicable Service Providers actually complete a transaction with you.
You understand and agree that IF NOT DUE SOLELY TO THE FAULT OR NEGLIGENCE OF RUN BYFEEL, RUN BYFEEL is not responsible or liable in any manner whatsoever to you or any third party for your inability to access or register as an Athlete or access or use the RUN BYFEEL Athlete Offerings including, without limitation, the Training Programs, Interactive Services, Service Provider Listings or Service Provider Offerings or any claim in connection with your use of, or inability to use, any said Programs or Services.
2. Athlete Services Fees/Billing Provisions. The Training Programs offered by RUN BYFEEL are Fee-based. The fees shall be added to the credit card or debit card that you provided at the check-out process on the website ("Active Credit Card"). Unless otherwise stated fees will be as follows:
(a) "Premium Marathon Training" package: your Active Credit Card will be charged One Hundred and Twenty Five Dollars ($125.00) per month for the services provided by us for thirty days following each of your monthly payments.
(b) "Premium 1/2 Marathon Training" package: your Active Credit Card will be charged One Hundred and Twenty Five Dollars ($125.00) per month for the services provided by us for thirty days following each of your monthly payments.
(c) "Elite Marathon Training" package: your Active Credit Card will be charged Ninety Nine Dollars ($99.00) per month for services we provide for thirty days following each of your monthly payments.
(d) "Elite 1/2 Marathon Training" package: your Active Credit Card will be charged Ninety Nine Dollars ($99.00) per month for services we provide for thirty days following each of your monthly payments.
(e) "Basic Training" package: your Active Credit Card will be charged Nine ($9.00) per month for services we provide for thirty days following each of your monthly payments.
All charges are payable in United States currency, and such amounts will appear on your monthly Active Credit Card statement as "RUN BYFEEL." Your failure to utilize or access the Athlete Services does not constitute a basis for refusing to pay any of the associated Fees or requesting a refund. Your RUN BYFEEL account (as defined below) may be deactivated, and access to the RUN BYFEEL Athlete offerings denied, for non-payment. ALL FEES ARE NON-REFUNDABLE.
Upon reasonable prior written notice to you by posting of the changes on the Site RUN BYFEEL, in its sole discretion, reserves the right to change its billing provisions Continued use of the Athlete Services after the posting of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification. You agree not to hold RUN BYFEEL responsible for any bank or credit/debit card overdraft charges or fees that you may incur in connection with your use of the Athlete Services.
RUN BYFEEL's authorization to provide and bill for the Borrower Services is obtained by your electronic signature or, where applicable, via your physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Our reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act, enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
3. Cancellation of Your Account. You may cancel your RUN BYFEEL Account at any time; provided, however, that you will remain responsible for timely payment of any and all Fees that you have already incurred (including any applicable late fees). You may cancel your RUN BYFEEL Account by e-mailing us at email@example.com.
4. Scope/Modification of Agreement. You agree to the Terms and Conditions with respect to your use of the Athlete Services, Content, Site, and/or any other analyses, research, opinions and/or other information provided by or through same. Your Agreement constitutes the entire and only agreement between you and RUN BYFEEL and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings. RUN BYFEEL may change the Terms and Conditions, and the scope and functionality of the RUN BYFEEL Athlete Services, in whole or in part, at any time without specific notice to you. Any amendment or modification to the: (a) arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes that arose prior to the applicable amendment or modification; and/or (b) billing Provisions shall not apply to any fees incurred prior to the applicable amendment or modification. The latest Terms and Conditions will be posted on the Site, and you should review prior to using the RUN BYFEEL Athlete Services. By your continued use of Athlete Services, you hereby agree to comply with, and be bound by, all of the Terms and Conditions contained within the Agreement that are currently effective. Therefore, you should regularly check the Site for any updates and/or changes.
5. Athlete Requirements. Athlete Services are available only to individuals who: (a) are at least eighteen (18) years of age; and (b) are competent to enter into legally binding contracts under applicable law; or a minor with the consent of a parent or guardian. An agent registering on behalf of an Athlete ("Parent, Guardian or Coach"), must first submit the applicable PARENT OR GUARDIAN CONSENT FORM to RUN BYFEEL via the Site (print sign and email to firstname.lastname@example.org), for review and initial approval, as well as a payment method for the applicable fee, if any, and agree to the RUN BYFEEL Terms and Conditions.
6. Description of the Site. Athletes who possess the requisite technology shall have the opportunity to view all the general Content of the Site which is applicable to their specific training package. In addition, Athletes shall have access to the CloudRunning platform powered by RunningAhead, LLC, each as described more fully below. Use caution, common sense and safety when using the Athlete Services. You are solely responsible for your interactions with other Site-users including, but not limited to, coaches, registered users of the Site such as other Athletes (collectively, "Registered Users"), third party content providers ("Third-Party Providers") and/or other third parties. We are not involved in Site-user interactions, in the event that you have a dispute with one or more visitors, Registered Users, Third-Party Providers and/or other third parties, you hereby release RUN BYFEEL including, but not limited to, its coaches, officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. RUN BYFEEL reserves the right, but has no obligation, to monitor disputes between you and other visitors, Registered Users, Third-Party Providers and/or other third parties.
7. Description of the Content. The Content is compiled, distributed and displayed by RUN BYFEEL, as well as Registered Users and Third-Party Providers. RUN BYFEEL does not control the content provided by Registered Users, Third-Party Providers and/or other third parties that is made available by and through the Athlete Services and/or the Site, and such content should not necessarily be relied upon. Such Registered Users and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness or usefulness of such content.
RUN BYFEEL does not represent or warrant that portions of the Content and other information posted by and through the Athlete Services and/or Site is accurate, complete, up to date or appropriate. You understand and agree that RUN BYFEEL will not be responsible for, and assumes no responsibility to monitor or otherwise police, such Content other than your personalized training program as administered by RUN BYFEEL. You agree that RUN BYFEEL shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by Registered Users and/or Third-Party Providers to be outdated, harmful, inaccurate and/or deceptive. Use caution, common sense and safety when using the RUN BYFEEL Athlete Services and Site.
If you would like to submit a comment or a question, please feel free to contact us at email@example.com.
8. Registration/Account. In order to access Athlete Services and the Training Programs, you must first submit, through the site, payment for the applicable fee which will be followed by an Athlete Intake Assessment. We reserve the right, in our sole discretion, to deny access to Athlete Services to anyone at any time and for any reason, whatsoever. You are required and agree to provide true, accurate, current and complete Registration Data before access is granted and to update your Registration Data in order to maintain its accuracy. We will verify and approve all registrants in accordance with our standard verification procedures, which does not include verifying the accuracy of any information provided. Once an application is reviewed and approved, we will send a confirmation e-mail to the e-mail address that you used to register and will set up your account ("RUN BYFEEL Account"). In the confirmation e-mail we will provide you with (i) your User Name; and (ii) your Password by which you can access your specific RUN BYFEEL powered by RunningAhead account at the site address we will provide for you. You are responsible for maintaining the confidentiality of your RUN BYFEEL Account, User Name and Password and for restricting access to your computer. RUN BYFEEL will periodically access your account to update your training schedule. You agree to accept responsibility for all activities that occur through use of your RUN BYFEEL Account, User Name and Password including, without limitation, any purchases made therewith.
9. License Grant. You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the RUN BYFEEL Athlete Services in accordance with the Terms and Conditions. RUN BYFEEL may terminate this license at any time for any reason. Unless otherwise expressly authorized by RUN BYFEEL, you may only use the RUN BYFEEL Athlete Services for your own personal use. No part of the RUN BYFEEL Athlete Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the RUN BYFEEL Site or any component and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the RUN BYFEEL Athlete Services. You may not use the Athlete Services in conjunction with any other third-party content. You may not exploit any aspect of Athlete Services for any commercial purposes. RUN BYFEEL reserves any rights not explicitly granted to you. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the RUN BYFEEL Site. You may not take any action that imposes an unreasonable or disproportionately large load on the RUN BYFEEL Site.
10. Proprietary Rights. All material posted or made available by and through the RUN BYFEEL Site including, but not limited to, the design, selection, arrangement and coordination of such RUN BYFEEL Athlete Services is owned or licensed by or to RUN BYFEEL, and is protected under applicable copyrights, trademarks and other proprietary intellectual property rights. No part of the RUN BYFEEL Site, or Athlete Services may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without RUN BYFEEL's prior express written consent. You are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the RUN BYFEEL Athlete Services or any document, software, services or other materials viewed at or through the Site and/or Services. The posting of information or material by and through the RUN BYFEEL Athlete Services by RUN BYFEEL does not constitute a waiver of any right in or to such information or materials. RUN BYFEEL reserves all rights not expressly granted. The "RUN BYFEEL" names and logos are trademarks of RUN BYFEEL. All custom graphics, icons and service names are trademarks of RUN BYFEEL. All other trademarks are the property of its licensors, advertisers or other lawful owners. The use of any of our trademarks or other intellectual property without RUN BYFEEL's express written consent is strictly prohibited.
11. Bypassing or Disabling any Portion of the RUN BYFEEL Athlete Services or Software. If you bypass or disable any portion of the RUN BYFEEL Athlete Services or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other RUN BYFEEL systems, you are in violation of the Agreement and RUN BYFEEL may suspend or terminate your Account and/or use of the RUN BYFEEL Athlete Services without notice. Termination of your Account will not excuse you from any criminal or other civil liability that may result from your actions.
12. Accessing RUN BYFEEL Athlete Services. You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software, personal training equipment) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Site and for ensuring that such equipment and services are compatible with RUN BYFEEL requirements.
13. Indemnification. You agree to indemnify and hold RUN BYFEEL, its parent and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, due to or arising out of: (a) your use of any of the RUN BYFEEL Athlete Services; (b) your breach or failure to comply with the Terms and Conditions; (c) your violation of any rights of another individual or entity; and/or (d) any dispute between you and any Site visitor, Registered User, third Part Provider or other third-party. The provisions of this Section 13 are for the benefit of RUN BYFEEL, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
14. Third Party Websites. The RUN BYFEEL Site contains links to other websites on the Internet that are owned and operated by third parties, including advertisers, Registered Users, Service Providers and Third-Party Providers ("third parry providers"). In some instances, these websites are co-branded and the third parties are entitled to use RUN BYFEEL's name and logo on their third party websites. We do not control the information, products or services available on these third party websites. The inclusion of co-branding and/or links does not imply endorsement by RUN BYFEEL of the applicable website or any association with the website's operators. Because we have no control over such websites and resources, you agree that RUN BYFEEL is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by third party providers featured on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable third party provider. You further agree that RUN BYFEEL shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.
15. Athlete Testament
By registering with RUN BYFEEL Athlete Services you agree to the following:
I understand that participating running can be a hazardous activity. I acknowledge that running and any type of long distance training is an extreme test of my physical and mental limits that carries with it inherent risks of physical injury, including but not limited to an above-average risk of death and/or serious injury.
I expressly, knowingly and voluntarily assume all of the risks of participating in RUN BYFEEL Athlete Services. I understand and acknowledge that these risks include, but are not limited to: falls; illness; infection; contact or collision with spectators, personnel, and other pedestrians; contact or collision with motor vehicles or machinery; contact or collision with other participants of varying skill levels; contact and the effects of contact with natural and manmade fixed objects; natural and man-made water, road and surface hazards; inadequate competition equipment and/or equipment failure; dangers arising from weather conditions, including but not limited to extreme heat, cold, humidity, ice, rain, hail, lightning, or fog; imperfect road or course conditions; and inadequate safety, first aid and/or emergency response measures.
I understand and acknowledge that these risks may cause harm including, but not limited to: bodily injury, ranging from minor to severe; illness or infection, ranging from minor to severe; physical and/or mental effects of exposure to extreme conditions and circumstances, ranging from minor to severe; temporary or permanent disability; paralysis; death; and property damage or loss. I understand that the risks of participating in RUN BYFEEL Athlete Services and Training Programs can be caused by my own actions or inactions; the actions or inactions of other running participants ; and the actions or inactions of spectators or other pedestrians.
I agree that prior to participating in RUN BYFEEL Athlete Services I will inspect the running courses, and other facilities and equipment and areas to be used. I accept full and sole responsibility for the condition and adequacy of my equipment.
I expressly assume all risks and take full responsibility for any and all damages, liabilities, losses, or expenses that I incur as a result of participating in RUN BYFEEL Athlete Services.
I agree that it is my responsibility to determine whether I am sufficiently fit, healthy, skilled and physically trained to safely participate in Athlete Services. I hereby represent that I am, and on the date of signing up for Athlete Services will be, in good health and in proper physical condition to safely participate in Athlete Services. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in Athlete Services, or that would result in my participation creating a risk of danger to myself or to others. I further certify that I have not been advised or cautioned otherwise by any medical practitioner. I understand that it is my responsibility to continuously monitor my own physical and mental condition during the RUN BYFEEL training, and I agree to withdraw immediately and to notify RUN BYFEEL if at any point my continued participation would create a risk of danger to myself or to others.
I acknowledge and agree that I will not be reimbursed any portion of any fees paid for participating in RUN BYFEEL Athlete Services if I withdraw before completing the specified training, as I understand that all fees are paid only in exchange for the opportunity to participate to the best of my ability as described in this document, and in no way reflect an entitlement to complete the RUN BYFEEL training.
I acknowledge that I have been strongly advised by RUN BYFEEL to consult a medical practitioner before participating, especially if I am pregnant, disabled, or have recently suffered any illness, injury, or impairment. I attest that I am covered by medical insurance, individually or as part of an organization.
I assume full responsibility for any injury, loss or damage associated with my use or consumption of alcohol and/or drugs at any point during participation in RUN BYFEEL Athlete Services. I understand the dangers associated with the use or consumption of alcohol and/or drugs and I recognize that such use or consumption might impair my judgment and motor skills. I certify that I am not, and on the date of initial registration for RUN BYFEEL Athlete Services will not be, under the influence of alcohol or any drugs that would in any way impair my ability to safely participate in RUN BYFEEL Athlete Services. I assume full responsibility for any injury or loss to myself or to others and for any damage to any personal or real property associated with my use or consumption of alcohol and/or drugs at any point during RUN BYFEEL Athlete Services.
16. Disclaimer of Warranties. THE RUN BYFEEL ATHLETE SERVICESAND/OR ANY OTHER RUN BYFEEL PRODUCTS AND/OR SERVICES, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE SITE AND ANY THIRD PARTY SITES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, RUN BYFEEL MAKES NO REPRESENTATION OR WARRANTY THAT THE RUN BYFEEL ATHLETE SERVICESAND/OR ANY OTHER RUN BYFEEL PRODUCTS AND/OR SERVICES OR ANY OF THE SERVICES OR PRODUCTS OF ANY OTHER THIRD PARTIES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE RUN BYFEEL ATHLETE SERVICESAND/OR ANY OTHER RUN BYFEEL PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, ANY REGISTERED USERS, REGISTERED SERVICE PROVIDERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE RUN BYFEEL ATHLETE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
17. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RUN BYFEEL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RUN BYFEEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE RUN BYFEEL ATHLETE SERVICESAND/OR ANY OTHER RUN BYFEEL PRODUCTS AND/OR SERVICES OR THOSE OF ANY THIRD PARTY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES FOR ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER RUN BYFEELPRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE RUN BYFEEL ATHLETE SERVICES OR THOSE OF ANY THIRD PARTY; (C) YOUR INABILITY TO LOCATE A SUITABLE SERVICE PROVIDER OR OTHERWISE UTILIZE THE RUN BYFEEL SITE TO SATISFY ANY MANNER OF TRAINING NEED; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE RUN BYFEEL ATHLETE SERVICES AND/OR ANY OTHER RUN BYFEEL PRODUCTS AND/OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. IF APPLICABLE LAW DOES NOT PERMIT LIMITATION, THE MAXIMUM LIABILITY OF RUN BYFEEL TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE RUN BYFEEL SITEAND/OR ANY OTHER RUN BYFEEL PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RUN BYFEEL. ACCESS TO THE RUN BYFEEL ATHLETE SERVICESAND/OR ANY OTHER RUN BYFEEL PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19. Dispute Resolution Provisions. Any controversy, claim or dispute arising out of the RUN BYFEEL Site, Athlete Services, the Terms and Conditions or the breach of same by any party hereto shall be governed by and construed in accordance with the laws of the State of Connecticut (without regard to conflict of law principles). Any such controversy, claim or dispute shall be settled if possible through good faith negotiations. You may commence such a dispute proceeding by completing and submitting an INITIAL DISPUTE NOTICE. If such efforts are not successful the sole and exclusive remedy of a party shall be binding arbitration commenced by filing a separate DEMAND FOR ARBITRATION. Such arbitration shall take place in Fairfield County, Connecticut in accordance with the commercial arbitration rules of the American Arbitration Association. Within seven (7) days of notification of commencement, each party shall select one arbitrator, and the two arbitrators chosen shall select a third arbitrator. The panel of three arbitrators shall render a decision within forty-five (45) days after the last arbitrator was chosen. The arbitration award shall be final and binding regardless of the failure of a party to participate, and it shall be enforceable by any court of competent jurisdiction. Each party shall pay for the arbitrator it has chosen. The cost of the third arbitrator and all other costs of arbitration shall be born equally by each of the parties.
Nothing contained herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration;
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against RUN BYFEEL and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. You agree to pay the attorney's fees and court costs that RUN BYFEEL incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.
20. Miscellaneous. If any provision of the Terms and Conditions is held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
21. How to Contact Us. Our CONTACT US page contains information that allows you to contact us directly with any questions or comments that you may have. If you have any questions about the Terms and Conditions or the practices of RUN BYFEEL, please feel free to contact us at firstname.lastname@example.org.