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<!DOCTYPE html>
<html lang="en">
<head>
<meta charset="UTF-8" />
<meta name="viewport" content="width=device-width, initial-scale=1.0" />
<title>Privacy Policy - Run Buddy</title>
<link rel="stylesheet" href="./assets/css/style.css" />
<link rel="stylesheet" href="./assets/css/secondary-styles.css" />
</head>
<body>
<!-- navigation -->
<header>
<h1>
<a href="/">RUN BUDDY</a>
</h1>
<nav>
<!-- Unordered list element -->
<ul>
<!-- List item element -->
<li>
<!-- Anchor element -->
<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: info@runbuddy.io</p>
</article>
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<footer>
<h2>❤️ Made with love by Run Buddy.</h2>
<div>
<a href="#">Read Our Privacy Policy</a><br />
© 2019 Run Buddy, Inc.
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