TERMS OF USE

Introduction

Use of this Website, and information distributed in conjunction with this Website, is offered on your acceptance of these Terms of Use, our Privacy Policy, and other notices and agreements posted on this Website.  Your use of this Website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy, and other notices and agreements posted on this website.  If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our Website. We suggest you print a copy of each of these documents for your records.

Keoway, LLC and/or www.fitbyrunning.com (individually and collectively “the Company” or “We”), shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you.  Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this Website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

IN USING THIS WEBSITE AND UPLOADING DATA AND INFORMATION, YOU ARE AFFIRMING THAT YOU ARE 18 YEARS OF AGE OR OLDER.  VISITORS TO THIS WEBSITE UNDER THE AGE OF 18 MAY NOT REGISTER OR OTHERWISE MAKE USE OF THIS WEBSITE.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME AND IN OUR SOLE DISCRETION WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OF USE.

Use of Website

The Company authorizes you to view and access a single copy of the content available on or from www.fitbyrunning.com (the “Website”) solely for your use.

Your Conduct

This Website may be used only for the lawful purposes of accessing information related to running.  The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Company

You are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

User Information

You are solely responsible for the information that you input or upload to the Website.  The Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with these Terms of Use and other Company Website policies.

When you register for the Website, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your “Information”).  In addition to the terms that may be set forth in any Privacy Policy on this Website, you understand and agree that Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties.

By submitting information, including but not limited to your personal information to any public or non-public area of this Website, you acknowledge that any such information is not confidential and that such information is accurate and true. You grant the Company the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license, without restrictions of any kind, without any payment or other consideration of any kind, and without permission or notification to you or any third party, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the information (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such information.  You permit any visitor to the Website to access, display, view, store and reproduce such information.

Registration and Password

You are responsible for maintaining the confidentiality of your information uploaded to the Website and your user name and password. You shall be responsible for all uses of such information, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password.  Your username and password may not be transferred or assigned.

Use of Website Content

For all visitors to the Website, the content on the Website represents the information as at the date of publication.  As conditions change, the Company reserves the right to alter and update the content to reflect the new conditions.

The information contained on or offered through this Website is for informational purposes only and might not be suitable for your own personal circumstances, and cannot serve as a substitute or replacement for professional advice. The Company makes no representation that anyone will find that the information obtained through this Website will be satisfactory, complete, or be of benefit.

Therefore, the appropriate professionals, including physicians, should be consulted as appropriate. This material is offered with the understanding that the Company assumes no responsibility or liability whatsoever on the behalf of any User who directly or indirectly acts on the information contained on or offered through this Website.

The Website content may contain inaccuracies or typographical errors. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Further, the Company is not responsible if information that made available on this site is not accurate, reliable, complete, timely, and assumes no responsibility for errors, inaccuracies or omissions.

Any reliance upon the information on this Website will be at your own risk.  We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site.

Use of Website Services

The Website only serves as a conduit for those seeking information about running. The Company does not offer such services, does not assess your needs, and the third parties who may be offering such services are not employees, agents, or representatives of the Company. The Company has no obligation or responsibility to screen or verify the information posted on this Website, it cannot and does not represent or warrant the veracity, qualifications, skills, credentials, and experience of any user of the Website, nor does it have the obligation or responsibility to screen or monitor communications between users of this Website. The Company makes no endorsement of any information contained on this Website. You acknowledge that any reliance on the information obtained through this website will be at your own risk.

The Company is not involved in the actual transaction between users.  As a result, the Company has no control over the quality and safety or legality of the information obtained through this Website.  In addition, there are risks, including but not limited to the risk of physical harm, in dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses.  You assume all risks associated with dealing with other users with whom you come in contact through this website, and Company has no responsibility or liability for any transactions, online or offline, between you and any third party.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be.  It does not and cannot be involved in user-to-user dealings or control the behavior of participants on this Website. In the event that you have a dispute with a user or any other third party through this Website, you release the Company (and our agents, directors, officers and employees) from claims, demands and damages (actual and consequential, direct and indirect) 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. If You are a California resident in the United States, you waive California Civil Code d1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Customer Comments

We appreciate hearing from our users and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of Company. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the user or any other person who submitted the Submission.

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement

If you believe that any copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

  1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
  2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
  3. Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
  4. Your name, address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
  6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

We have designated Trinity Services, Inc. as our agent to receive notices of claims of copyright infringement on our website. You can contact Mr Lewis as follows:

Mail:

Keoway, LLC
5380 Gulf of Mexico Dr.
Suite 105-177
Longboat Key, FL. 34228

Telephone: +1-941-343-8069

Email: Company@keoway.com

Intellectual Property

“FitByRunning”, and any other Company trademarks and trade names, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Company, and any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this website are the property of their respective owners, and may not be used by you in any form.

This Website (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the sole property of Company and is protected by copyright laws of the United States and other countries.

You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the Website content in any way for any public, commercial, or non-commercial purpose. The use of the Website content on any other Website or in a networked computer environment for any purpose is prohibited.

Links

This Website may contain links to other websites and banner ads that take a visitor to another website.  Please be aware that the Company is not responsible for the content, Terms of Use, or privacy policies of any such websites. Users are encouraged to be aware of the specific content on the other websites when they leave this Website and to read the applicable Terms of Use and privacy policies.

DISCLAIMERS

COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE TRANSMISSION OF FILES AND INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH THE COMPANY (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION). WHILE COMPANY TAKES COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY COMPANY OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.

COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE WEBSITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OR THE FAILURE TO STORE ANY OF SUCH INFORMATION. FURTHER, THE COMPANY IS NOT RESPONSIBLE FOR LOSS OF ANY INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL.  ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THE INFORMATION TRANSFERRED TO THE WEBSITE.

YOU ARE RESPONSIBLE FOR ENSURING THAT THE CONTENT YOU INPUT ON THIS WEBSITE IS ACCURATE AND APPLICABLE TO YOUR PERSONAL SITUATION. THE COMPANY CANNOT VERIFY YOUR INPUT AND THEREFORE CANNOT BE LIABLE FOR THE INACCURACY OR UNSUITABILITY OF CONTENT PROVIDED BY YOU AND UNDERTAKES NO LIABILITY IN THIS REGARD.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY OR ANY OF ITS SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS OR ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MEMBERS, OR REPRESENTATIVES OF ALL SUCH PARTIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU TRANSMIT. THESE INCLUDE SUCH DAMAGES AS ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE, OR ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MEMBERS, OR REPRESENTATIVES OF ALL SUCH PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR LIABILITY

IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM THAT DISRUPTION.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE WEBSITE; (II) ANY MATERIAL YOU PROVIDE TO THE WEBSITE; (III) ANY WEBSITE CONTENT THAT YOU USE OR (IV) YOUR BREACH OF THE TERMS OF THESE TERMS OF USE AND YOUR REPRESENTATIONS AND WARRANTIES. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

Breach of Agreement

Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration and your ability to access this Website, and/or any other service provided to you by the Company, upon any breach by you of these Terms of Use, or if the Company is unable to verify or authenticate any information you submit to the Website.

Additional Terms of Use

These Terms of Use, the Website’s Privacy Statements, and other relevant documents and agreements constitute the entire agreement between you and Company with respect to the use of Website.  No changes to these Terms of Use shall be made except by a revised posting on this page.

The Company makes no claims that the Website or any Website content may be lawfully viewed or accessed in any specific country.  Access to the Website content may not be legal by certain persons or in certain countries.  When you access the Website, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction.

In addition, without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Company does not provide or make any undertaking as to the quality or nature of any of the products or services purchased or obtained through this Website, or any other representation, warranty or guaranty.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida applicable therein, without regard to conflict of laws.  You irrevocably consent to the exclusive jurisdiction of the courts located in the State of Florida in connection with any action arising out of or related to these Terms of Use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.

If any court having competent jurisdiction holds any provision of these Terms of Use invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.