-
Notifications
You must be signed in to change notification settings - Fork 0
/
Copy pathprivate-policy.html
455 lines (400 loc) · 28 KB
/
private-policy.html
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
<!DOCTYPE html>
<html lang="en">
<head>
<meta name="viewport" content="width=device-width, initial-scale=1.0" />
<meta charset="UTF-8" />
<title>Privacy Policy - Run Buddy</title>
<link rel="stylesheet" href="./style.css" />
<link rel="stylesheet" href="./secondary-style.css" />
</head>
<body>
<Header>
<h1><a href="/">Run Buddy</a></h1>
<nav>
<ul>
<li><a href="./index.html#what-we-do">What We Do</a></li>
<li><a href="./index.html#what-you-do">What You Do</a></li>
<li><a href="./index.html#your-trainers">Your Trainers</a></li>
<li><a href="./index.html#reach-out">Reach Out</a></li>
</ul>
</nav>
</Header>
<section class="hero">
<h2 class="page-title">
Privacy Policy
</h2>
</section>
<article class="secondary-content">
<p>
Website Terms of Use
</p>
<p>
Version 1.0
</p>
<p>
The Run Buddy website located at https://runbuddy.io is a copyrighted work belonging to Run Buddy. Certain
features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site
in connection with such features.
</p>
<p>
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
</p>
<p>
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY
LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority
and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU
DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
</p>
<p>
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also
limit the remedies available to you in the event of a dispute. These Terms of Use were created with the help of
the Terms Of Use Generator and the Privacy Policy Template.
</p>
<h3>
Access to the Site
</h3>
<p>
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to
access the Site solely for your own personal, noncommercial use.
</p>
<p>
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a)
you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;
(b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of
the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except
as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release,
update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other
proprietary notices on the Site must be retained on all copies thereof.
</p>
<p>
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved
that Company will not be held liable to you or any third-party for any change, interruption, or termination of
the Site or any part.
</p>
<p>
No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in
connection with the Site.
</p>
<p>
Excluding any User Content that you may provide, you are aware that all the intellectual property rights,
including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company
or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or
interest in or to any intellectual property rights, except for the limited access rights expressed in Section
2.1. Company and its suppliers reserve all rights not granted in these Terms.
</p>
<h3>
Third-Party Links & Ads; Other Users
</h3>
<p>
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display
advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company
is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads
only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk,
and should apply a suitable level of caution and discretion in doing so. When you click on any of the
Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s
privacy and data gathering practices.
</p>
<p>
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not
control User Content, you acknowledge and agree that we are not responsible for any User Content, whether
provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as
the result of any such interactions. If there is a dispute between you and any Site user, we are under no
obligation to become involved.
</p>
<p>
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and
assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has
arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are
a California resident, you hereby waive California civil code section 1542 in connection with the foregoing,
which states: "a general release does not extend to claims which the creditor does not know or suspect to exist
in his or her favor at the time of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor."
</p>
<p>
Cookies and Web Beacons. Like any other website, Run Buddy uses ‘cookies’. These cookies are used to store
information including visitors’ preferences, and the pages on the website that the visitor accessed or visited.
The information is used to optimize the users’ experience by customizing our web page content based on visitors’
browser type and/or other information.
</p>
<h3>
Disclaimers
</h3>
<p>
The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim
any and all warranties and conditions of any kind, whether express, implied, or statutory, including all
warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy,
or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be
available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of
viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect
to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
</p>
<p>
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to
you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation
may not apply to you.
</p>
<h3>
Limitation on Liability
</h3>
<p>
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any
third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect,
consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or
your use of, or incapability to use the site even if company has been advised of the possibility of such
damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible
for any damage to your device or computer system, or loss of data resulting therefrom.
</p>
<p>
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability
to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of
fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that
our suppliers will have no liability of any kind arising from or relating to this agreement.
</p>
<p>
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
</p>
<p>
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use
the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole
discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under
these Terms, your Account and right to access and use the Site will terminate immediately. You understand that
any termination of your Account may involve deletion of your User Content associated with your Account from our
live databases. Company will not have any liability whatsoever to you for any termination of your rights under
these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms
will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
</p>
<h3>
Copyright Policy.
</h3>
<p>
Company respects the intellectual property of others and asks that users of our Site do the same. In connection
with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal
of any infringing materials and for the termination of users of our online Site who are repeated infringers of
intellectual property rights, including copyrights. If you believe that one of our users is, through the use of
our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material
removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must
be provided to our designated Copyright Agent:
</p>
<ul>
<li>
your physical or electronic signature;
</li>
<li>
identification of the copyrighted work(s) that you claim to have been infringed;
</li>
<li>
identification of the material on our services that you claim is infringing and that you request us to remove;
</li>
<li>
sufficient information to permit us to locate such material; your address, telephone number, and e-mail
address;
</li>
<li>
a statement that you have a good faith belief that use of the objectionable material is not authorized by the
copyright owner, its agent, or under the law; and
</li>
<li>
a statement that the information in the notification is accurate, and under penalty of perjury, that you are
either the owner of the copyright that has allegedly been infringed or that you are authorized to act on
behalf of the copyright owner.
</li>
</ul>
<p>
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written
notification automatically subjects the complaining party to liability for any damages, costs and attorney’s
fees incurred by us in connection with the written notification and allegation of copyright infringement.
</p>
<h3>
General
</h3>
<p>
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by
sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the
changes on our Site. You are responsible for providing us with your most current e-mail address. In the event
that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such
notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these
Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail
notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These
changes will be effective immediately for new users of our Site. Continued use of our Site following notice of
such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of
your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND
A CLASS ACTION WAIVER.
</p>
<p>
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any
product or service provided by the Company that cannot be resolved informally or in small claims court shall be
resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless
otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to
you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest,
successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods
provided under the Terms.
</p>
<p>
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must
first send to the other party a written Notice of Dispute describing the nature and basis of the claim or
dispute, and the requested relief. A Notice to the Company should be sent to: 55 Main Street, Some Town, CA,
12345. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.
If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received,
either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not
be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either
party is entitled.
</p>
<p>
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established
alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not
available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR
Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the
Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by
calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any
claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US
$10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking
relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US
$10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be
held in a location within 100 miles of your residence, unless you reside outside of the United States, and
unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties
reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is
greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the
Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and
disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR
Provider.
</p>
<p>
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the
arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific
manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise agreed by the parties.
</p>
<p>
Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded
within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
</p>
<p>
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of
you and the Company, and the dispute will not be consolidated with any other matters or joined with any other
cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any
claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy
or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall
issue a written award and statement of decision describing the essential findings and conclusions on which the
award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a
court of law would have. The award of the arbitrator is final and binding upon you and the Company.
</p>
<p>
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE
A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by
arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient
and less expensive than rules applicable in a court and are subject to very limited review by a court. In the
event any litigation should arise between you and the Company in any state or federal court in a suit to vacate
or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead
electing that the dispute be resolved by a judge.
</p>
<p>
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement
must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one
customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or
user.
</p>
<p>
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to
maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from
submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration
award, or to seek injunctive or equitable relief.
</p>
<p>
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or
unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and
effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
</p>
<p>
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived
by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this
Arbitration Agreement.
</p>
<p>
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with
Company.
</p>
<p>
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small
claims court.
</p>
<p>
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a
state or federal court in order to maintain the status quo pending arbitration. A request for interim measures
shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
</p>
<p>
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the
Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright,
trademark or trade secrets shall not be subject to this Arbitration Agreement.
</p>
<p>
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the
parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County,
California, for such purposes.
</p>
<p>
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other
countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data
acquired from Company, or any products utilizing such data, in violation of the United States export laws or
regulations.
</p>
<p>
Company is located at the address in Section 10.8. If you are a California resident, you may report complaints
to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer
Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
</p>
<p>
Electronic Communications. The communications between you and Company use electronic means, whether you use the
Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b)
agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company
provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be
in a hard copy writing.
</p>
<p>
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our
failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right
or provision. The section titles in these Terms are for convenience only and have no legal or contractual
effect. The word "including" means "including without limitation". If any provision of these Terms is held to be
invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or
unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent
permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an
agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned,
subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any
attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon
assignees.
</p>
<p>
Your Privacy. Please read our Privacy Policy.
</p>
<p>
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks
displayed on the Site are our property or the property of other third-parties. You are not permitted to use
these Marks without our prior written consent or the consent of such third party which may own the Marks.
</p>
<h3>
Contact Information
</h3>
<p>
Address: 55 Main Street, Some Town, CA, 12345
</p>
<p>
Email: [email protected]
</p>
</article>
<footer>
<h2>❤️ Made with love by Run Buddy.</h2>
<div>
<a>Read Our Private Policy</a><br />
© 2019 Run Buddy, Inc.
</div>
</footer>
</body>
</html>