The Run Experience, LLC Terms and Conditions
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (collectively with any amendments, “TERMS AND CONDITIONS”) BEFORE PLACING AN ORDER OR USING THIS WEBSITE. THIS WEBSITE IS OWNED AND OPERATED BY THE RUN EXPERIENCE, LLC AND ITS AFFILIATES (collectively “TRE”, “US”, “WE” or “OUR”). THE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.
BY USING THIS WEB SITE OR ANY WEB SITE OF THE RUN EXPERIENCE, LLC AND/OR PLACING AN ORDER FOR THE RUN EXPERIENCE, LLC’S PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR THE RUN EXPERIENCE’S PRODUCTS AND SERVICES.
IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE THE RUN EXPERIENCE’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE THE RUN EXPERIENCE’S PRODUCTS OR SERVICES.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Sites and/or other products or services of The Run Experience, LLC after any such changes constitutes your acceptance of the new Terms and Conditions. Any updates or amendments will be posted on the Sites. The Terms and Conditions displayed on the Sites at the time the order is accepted will apply to the order.
Welcome to the Web site of The Run Experience, LLC, which includes without limitation our related sites such as www.therunexprience.com, www.tre.com, and www.helmingathletics.com (collectively, “Sites”).
These Terms and Conditions govern and apply to your (“you” or “your”) access to and use of the Sites and their related domains on which these Terms and Conditions appear, any order you place through any of the Sites, and to all products and services we supply, produce, distribute, or market.
To the extent of any express inconsistency with any other agreement you may have with The Run Experience for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Sites.
You must only use the Sites 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 the Sites. You may not without our prior written consent:
- copy, reproduce, use, or otherwise deal with any content on the Sites;
- modify, distribute, or re-post any content on the Sites for any purpose; or
- use the content of the Sites for any commercial exploitation whatsoever.
In using the Sites, you further agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Sites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Sites or affiliated or linked sites;
- not to disrupt or interfere with any other user’s enjoyment of the Sites or affiliated or linked Web sites;
- not to upload, post, or otherwise transmit through or on the Sites any viruses or other harmful, disruptive, or destructive files;
- not to use, frame, or utilize framing techniques to enclose any The Run Experience trademark, logo, or other proprietary information (including the images found at the Sites, the content of any text, or the layout/design of any page or form contained on a page) without The Run Experience’s express written consent;
- not to use meta tags or any other “hidden text” utilizing The Run Experience name, trademark, or product name without The Run Experience’s express written consent;
- not to deeplink to this Sites without The Run Experience’s express written consent;
- not to create or use a false identity on the Sites, share your account information, or allow any person besides yourself to use your account to access the Sites;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Sites or portions of the Sites that are restricted from general access;
- not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violation of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by The Run Experience; and
- to be bound by the Product Submission Policies of The Run Experience, including that any product submission you may make to The Run Experience will not be held in confidence by The Run Experience, and is not proprietary, that The Run Experience may use the product submission and any aspect thereof for any purposes in The Run Experience’s sole discretion, and that The Run Experience owes no duties or obligations with respect to you or the product submission made.
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Sites. The Run Experience will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Sites. We have the right to remove any material or posting you make on the Sites if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.
The views and opinions of authors, trainers, experts and any other contributors expressed herein do not necessarily state or reflect the attitudes and opinions of The Run Experience. These views and opinions shall not be attributed to or otherwise endorsed by The Run Experience, and may not be used for advertising or product endorsement purposes without the express, written consent of The Run Experience.
Content Uploaded to the Sites
In the event that you upload any photographs, comments, video clips, or other media to the Sites (the “Uploaded Content”), The Run Experience has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web sites, in perpetuity throughout the world as The Run Experience in its sole discretion sees fit without further consent or payment. The Run Experience has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. The Run Experience has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. The Run Experience may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at The Run Experience’s sole discretion. The Run Experience is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.
Users of the Sites must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
Users posting Uploaded Content via a user profile must treat their login credentials and password confidential and ensure that they are not shared with any third that might jeopardize the security of their account.
Changes to the Sites
The Run Experience may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Sites or any products available through or outside of the Sites, temporarily or permanently, including the availability of any features of the Sites or access to any parts of the Sites, at any time without notice to you, and you agree that The Run Experience shall not be liable therefor.
The Run Experience makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Sites, or sites linking to these Sites. The linked sites are not under the control of The Run Experience, and The Run Experience is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by The Run Experience of the site or any information contained therein. When leaving the Sites, you should be aware that The Run Experience’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Copyright and Trademarks
All the Sites’ materials, including, without limitation, and all The Run Experience product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2014-2015 The Run Experience, LLC. ALL RIGHTS RESERVED. Unless expressly stated otherwise, The Run Experience or its suppliers or licensors own and retain other proprietary rights in all products available through the Sites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of The Run Experience or the respective copyright owner. You may not, without the express written permission of The Run Experience or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Sites, its content, or services or products obtained through the Sites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Sites or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. 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 The Run Experience or any third party.
Trademarks: Together with other logos and product names described on this Sites. These and all other The Run Experience trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of The Run Experience or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of The Run Experience, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of The Run Experience. Other names and brands may be claimed as the property of others.
Copyright Policy and Copyright Agent
It is The Run Experience’s policy to respect the copyright and intellectual property rights of others. The Run Experience may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, The Run Experience may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, The Run Experience complies with the Digital Millennium Copyright Act.
If you believe that The Run Experience or any user of our Sites has infringed your copyright in any material way, please notify The Run Experience, and provide the following:
- an identification of the intellectual property right claimed to have been infringed;
- an identification of the material that you claim is infringing so that we may locate it on the Sites;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and
- a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
- that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to: [email protected]
You agree to indemnify and hold harmless The Run Experience, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.
For questions about the products or services on this Site, please use the Customer Service email links found on each product page or section. For questions about orders placed through the Sites or otherwise, please use the Customer Service link in the email receipt you receive or by visiting the online Customer Service Center.
Product Guarantee We offer a 365 day money back guarantee if you are unsatisfied with an one-time purchase of any of our The Run Experience programs.
For our Subscription programs (monthly or annual access) you may cancel your membership at any time by emailing [email protected] Monthly programs we will refund your last payment if you are dissatisfied. Annual programs are offered at a discounted rate and therefore are not refundable.
Product and Service Descriptions
We have taken reasonable precautions to try to ensure that all product descriptions, prices and other information shown on the Sites are correct and fairly described. However, when ordering products or services through the Sites, please note that:
- The Run Experience reserves the right not to accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
- all prices are displayed in United States Dollars unless expressly indicated otherwise;
- packaging may vary from that shown on the Sites;
- any weights, dimensions, and capacities shown on the Sites are approximate only; and
- all items are subject to availability and we will inform you as soon as reasonably possible if the product(s) or service(s) you have ordered is not available and whether we may offer you an alternative product(s) or service(s) of equal or higher quality and value.
Please also note that the terms of any products offered by The Run Experience and/or purchased by you, such as pricing, specifications, delivery times, and/or package contents are subject to change by The Run Experience by providing you advanced notice, including by posting notice of the change on our Sites or by sending you an email to the address you provided at purchase. The Run Experience will not incur any obligation as a result of such change. By continuing to accept products after we have notified you of a change to any terms, you will be deemed to have accepted the change.
Order and Payment Information
If you use the Sites or other means to purchase a product, payment must be received by The Run Experience prior to our acceptance of an order, unless otherwise agreed by The Run Experience. All The Run Experience products are subject to sales tax which will be applied to your order total. The Run Experience expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through the Sites or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to The Run Experience is registered to you. The Run Experience shall have the right to bar your access to and use of the Sites or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to The Run Experience, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Sites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
The Run Experience’s descriptions of, or references to, products not owned by The Run Experience on and outside of the Sites do not imply endorsement of that product, or constitute a warranty, by The Run Experience.
Unless otherwise noted, The Run Experience will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although The Run Experience may provide delivery or shipment timeframes or dates, you understand that those are The Run Experience’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. The Run Experience shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITES MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH THE RUN EXPERIENCE. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITES.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITES AND OTHER PRODUCTS AND SERVICES OF THE RUN EXPERIENCE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITES AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
YOU ACKNOWLEDGE THAT THE RUN EXPERIENCE DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO THE RUN EXPERIENCE FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, THE RUN EXPERIENCE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THE SITES. NOR DOES THE RUN EXPERIENCE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITES, OR ITS CONTENT.
ALTHOUGH THE RUN EXPERIENCE STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITES, THE RUN EXPERIENCE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITES IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, THE RUN EXPERIENCE DOES NOT WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
THE RUN EXPERIENCE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITES WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, THE RUN EXPERIENCE DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section apply to the extent permitted by law and survive any termination of the Terms and Conditions.
Limitations on Liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL THE RUN EXPERIENCE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITES; (II) THE USE OR INABILITY TO USE THE SITES; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITES; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITES OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF THE RUN EXPERIENCE OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE RUN EXPERIENCE’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO THE RUN EXPERIENCE FOR ANY PRODUCTS SUPPLIED BY THE RUN EXPERIENCE THROUGH YOUR USE OF THE SITES OR OTHERWISE.
THE RUN EXPERIENCE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS SHALL BE INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE IT SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.
The terms of this section survive any termination of the Terms and Conditions.
The Sites are controlled, operated, and administered by The Run Experience from its offices within the United States of America. The Run Experience makes no representation that materials on the Sites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Sites are illegal is prohibited. You may not use the Sites or export the content or products in violation of U.S. export laws and regulations. If you access the Sites from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, The Run Experience reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Sites and to block or prevent future access to and use of the Sites. You agree that The Run Experience shall not be liable for any termination of your use of or access to the Sites.
Only you and The Run Experience shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
If any provision of these Terms and Conditions, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions or part thereof.
The terms of this section survive any termination of the Terms and Conditions.
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
Disputes. The terms of this Section shall apply to all Disputes between you and The Run Experience. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and The Run Experience arising under or relating to the Products, the Sites, this Agreement, or any other transaction involving you and The Run Experience, 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 THE RUN EXPERIENCE AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR THE RUN EXPERIENCE FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in this Agreement, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
Binding Arbitration. You and The Run Experience further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions in this Agreement; (b) this Agreement memorializes a transaction in interstate commerce; (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (d) this Section shall survive termination of this Agreement. 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.
Dispute Notice. In the event of a Dispute, you or The Run Experience 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 The Run Experience must be addressed to: The Run Experience, LLC, ADD MAILING ADDRESS. 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 The Run Experience and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or The Run Experience 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.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND THE RUN EXPERIENCE 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.
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 this Agreement, 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 this Agreement, the rules set forth in this Agreement 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 this Agreement. 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 this Agreement, including, but not limited to, any claim that all or any part of this Agreement 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 (a) trade secret misappropriation, (b) patent infringement, (c) copyright infringement or misuse, or (d) 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 in the City and County of San Francisco, California, at your option.
Amendments to this Section. Notwithstanding any provision in this Agreement to the contrary, you and The Run Experience agree that if The Run Experience makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to The Run Experience’s address) in this Agreement, The Run Experience will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in this current Agreement, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of the Terms and Conditions.
Exclusive Venue for Other Controversies
The Run Experience and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of San Francisco, California, or the United States District Court for the Northern District of California, and each party hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for any such controversy.
The Terms and Conditions constitute the entire agreement between The Run Experience and you with respect to your use of the Sites, your purchase of products and services through the Sites, and as applicable any products or services of The Run Experience. Any cause of action you may have with respect to the Sites or The Run Experience’s products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and The Run Experience, and you do not have any authority to create any obligation or make any representation on The Run Experience’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without The Run Experience’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and The Run Experience and their respective successors and assigns.
The terms of this section survive any termination of the Terms and Conditions.
Other important terms
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Last updated and effective: April 13, 2015