Terms and Conditions of Use, Sale, and Privacy

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Thank you for visiting www.RunByRyan.com (this “Site”), a website operated by RunByRyan LLC.  The Site provides visitors and customers with access to content about our businesses and products and services we offer.  These terms and conditions of use (these “Terms of Use”) govern your general access to and use of this Site.  If you make a purchase via the Site, the products and services you buy will be governed by separate legal terms and conditions as described in detail below.

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By using this Site, you consent to and agree with these Terms of Use by virtue of accessing and using this Site.  We reserve the right, at our discretion, to change these Terms of Use at any time as deemed necessary by RunByRyan LLC, with or without notice.  Please check the Site periodically for such changes.  By continuing to access and use this Site following the posting of changes, you accept and agree to the revised version.  This Terms of Use is a legal document. 

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     A. Definitions:

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1. “You” and “Your”;
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2. Refer to each individual accessing this Site regardless of whether a product or service has been purchased;
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3. “RunByRyan”, “we”, “us”, and “our”;
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4. Refer to RunByRyan LLC, acting on behalf of itself and, where applicable, its affiliates and third-party licensors;
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5. “products”, “services”, and “offerings”;
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6. Refer to any information, specific coaching opportunities provided by RunByRyan, or otherwise notable and listed amentity that can be received by you through visitation of our Site and associated Site pages or exchanged for via purchase.

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Whether we capitalize certain additional words or not even though grammatical rules do not require them to be capitalized, we do this in the context of these Terms of Use as certain capitalized words may have specific meanings or be deemed as in need of increased emphasis, as indicated by underlined or bolded text.

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     B. Rights and Conditions

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You may access and view the audio and visual information, text, graphics, forms, documents, cartography, images, dara, and materials made available on this Site (the “Content”) on your computer, mobile device, or other Internet-compatible devices solely in connection with your personal, non-commercial use.  You may also make single copies or print-outs of the Content in connection with permitted use.  You may not make use of this Site including any Content for any commercial purpose unless you have received our express written prior permission in advance.  You acknowledge that any use of this Site or Content, except as otherwise permitted herein, is a breach of these Terms of Use, and may put you in violation of Applicable Laws.  We will not be responsible or liable for any loss or damage arising from your failure to comply with these Terms of Use.  We consider our products and services to be a part of the Content governed by these Terms of Use. Products and services are however, as indicated, governed supplementally by separate legal terms.

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     C.Applicable Laws

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We control and operate the Site from within the United States of America (“USA”).  The Site is directed at visitors from the USA, 18 years of age and older.  The English language version of these Terms of Use is the controlling version regardless of any translation you may attempt.  We do not represent that this Site or its Content are appropriate or lawful for use in other locations outside of the USA or that our operation (including our processing and handling of Submitted Materials) will comply with all local laws.  Users who choose to access this Site from outside the USA or provide Submitted Materials as non-USA citizens, do so of their own initiative and are responsible for the compliance with all applicable local, state, national, and international laws and treaties (“Applicable Laws”).  These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas and the U.S. federal laws enforced within, without regard to principles of conflicts of laws.  All proceedings relating to us, the Site or these Terms of Use shall be brought in the state or federal courts located in New Jersey and you hereby irrevocably consent to the personal and exlcusive jurisdiction of such courts.

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     D. Content

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Site Content will have a variety of origins, including information generated and provided by us and third parties.  We do not provide any warranty that the Content is or will be:

a. accurate or complete;

b. current (or that it will be updated);

c. error-free (either technically or with respect to typographical errors);

d. free from interruptions, computer viruses, or other harmful components.

You may make use of the Content under the rights set forth in these Terms of Use but under non circumstances will we be liable for any loss or damage caused by your reliance on Content.  It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other elements of the Content.

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     E. Social Media

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This section applies to everyone who interacts with, directly or indirectly, our social media presence.  You are therefore viewing this page because you either linked from the social media features on this Site (such as blogs and comments sections) (“Internal Social Media Features”), from comment sections, feeds, and other elements of social media presence viewable on Facebook, Twitter, Instagram, YouTube, LinkedIn, Tik Tok, or any other available external third-party social media platform that we may or may not utilize (“External Social Media Presence”), or through provision by RunByRyan as a result of a purchasing agreement of a product or service between a visitor of our site which may be you or someone you know (“Transactional Exchange”).  Social media platforms are platforms are places of public information exchange, and you should have no expectation of privacy.  Specifically, Submitted Materials as they relate to this Terms of Use Section G, does not apply to our External Social Media Presence.  The sites and platforms that host our External Social Media Presence are not controlled by us and therefore their own, and therefore our privacy and terms of use, terms of use and policies will apply.  The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of RunByRyan or its employees.  Comments that some would consider inappropriate or offensive may appear on our Internal Social Media Features and on our External Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical process to have them removed.  If you see an offensive or inappropriate post or comment on our External Social Media Presence, it is your responsibility to report it to the operator of the applicable site or platform using the standard operating procedures that they have previously established for that purpose.  If you see such a post on Internal Social Media Features it should be reported directly to us via runbyryan@gmail.com.

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    F. Trademarks and Other Intellectual Property Rights

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Collectively referred to as “Trademarks”, our logos, names, and other similar marks displayed throughout this Site are registered or unregistered Trademarks of ours and our licensors and may not be used unless authorized by the Trademark owner.  Nothing contained on this Site should be construed as granting any such license or other rights to use any Trademark displayed on this Site.  As between you and us, we are the exclusive owners of all rights, titles, and interests, (including the rights of attribution and authorship) throughout the world in and to this Site, its Content, including but not limited to its look, feel, design, organization, and compilation.  If you believe any content appearing on this Site violates your intellectual property rights, please give us notice directly at runbyryan@gmail.com to discuss appropriate procedures for review and potential removal.

     G. Submitted Materials

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All information, ideas, suggestions, concepts, or other materials submitted by you voluntarily or at our request, such as questions sent to us via the “Contact Us” link or any other area on this Site or user-generated content on our Internal Social Media Features or External Social Media Presence (collectively, “Submitted Materials”) may be used by us in any lawful manner, provided that personal information portions of Submitted Materials will only be used as described in this paragraph 7.  By providing Submitted Materials you:

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1. Represent and warrant that you own or otherwise have all necessary rights to do so and that the Submitted Materials comply with Applicable Laws;
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2. You grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, assignable, and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, export, and otherwise use such material (in whole or part) and or to incorporate it in other works in any form, media, or technology now known or later developed.  We cannot be held responsible for maintaining any Submitted Materials that you provide to us; therefore, you should retain all such data and information in your own records.
   
   

     H. Prohibited User Conduct

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You are expressly prohibited from engaging or assisting others in the process of engaging in the conduct listed below which RunByRyan views as a direct violation of our Terms of Use, Services, and Privacy policy:

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1. Interfering with, disrupting altering or deinterfering with, disrupting, altering or destroying the Site or its Content;
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2. Probing, scanning or testing the vulnerability of the Site or any system or network on, from or through which the Site is provided;
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3. Attempting to circumvent or defeat any system or network security measures on, from or through which the Site is provided;
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4. Removing, modifying or obscuring any proprietary rights notices that we place the Site;
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5. Spidering, “screen scraping,” “database scraping,” harvesting or otherwise attempting automatic or manual means of accessing, logging-in to, obtaining data or information from or using this Site;
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6. Impersonating any person or entity or misrepresenting your affiliation with any other person or entity;
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7. Transmitting, distributing, disseminating, publishing or storing any information that is in violation of Applicable Laws or constitutes or contains false or misleading indications of origin, endorsement or statements of fact or is fraudulent, libelous, defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party;
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8. Violating the privacy rights of any party under Applicable Laws;
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9. Introducing harmful of malicious code (such as viruses and malware);
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10. Using the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial electronic messages, even if previously solicited by the intended recipient, including by inserting your own or a third party’s advertising, branding or other promotional content into any of the Site’s Content.

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     I. Third-Party Websites and Hyperlinks

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You may see on the Site hyperlinks or pointers to other websites maintained by third parties and we also may provide third party content on the Site by framing or other methods (collectively, “Links”). Links are provided for your convenience and information only. The fact that we provide a Link does not mean that we endorse, authorize or sponsor that website or offering or that we are affiliated with the third-party owners or sponsors. Neither the websites nor parties to which a Link will bring you are under our control and as such we are not responsible in any way for their availability, content, advertising, products or materials, including any further links their sites may contain. This means that once you follow a Link, you are no longer subject to our Privacy Policy. You should, therefore, carefully review the privacy statements and other conditions of use and sale related to any Links. We reserve the right to terminate a Link at any time without notice.

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     J. Liability and Indemnity

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The Site, its Content and any other information, products or services on it are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, RunByRyan LLC., its affiliates, and its officers, directors, employees, agents, members, managers, and representatives (“RunByRyan Parties”) disclaim all warranties of any kind, express or implied or statutory. If you are dissatisfied with the Site, the Content, or its products and services, your sole remedy is to discontinue its use. The RunByRyan Parties, have no liability for any direct, indirect, consequential, punitive, special or incidental damages, (including claims of defamation, errors, loss of data, or interruption in availability of data), or other intangible losses arising out of or relating to your use of, or the inability to use, the Site, its Content or products and services that you access through the Site or otherwise. These limitations shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the RunByRyan Parties have been informed of the possibility of any such damage. you agree to defend, indemnify and hold the RunByRyan Parties harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of this site, or your breach or violation of applicable laws or of these terms of use. RunByRyan reserves the right, at its own expense, to assume, per their sole discretion, the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with RunByRyan’s defense of such claim.

     K. Term and Termination

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These Terms of Use apply to all users of this Site at all times until we supersede and or replace them. We may at any time terminate, change, suspend, add to or discontinue any aspect of this Site itself, or your right to use it, without notice or liability to you.  These Terms of Use apply and outlive the continued existence of RunByRyan LLC.  If any provision of these Terms of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Sale, which shall remain in full force and effect. 

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     L. Miscellaneous

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These Terms of Use and Privacy Policy are the entire and exclusive agreement between us and all visitors and users of the Site; provided that those who become our customers by purchasing our products and services will also be subject to the End User License Agreement. Neither any course of conduct between the parties nor trade practice will modify these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of this Site, these Terms of Use or the Privacy Policy must be filed by you within one year after such claim or cause of action arose or be forever barred. Should any provision of these Terms of Use be held to be unenforceable, that provision will be limited to the minimum extent necessary, and the remaining provisions hereof shall remain in full force and effect. The waiver of any breach of these Terms of Use will not constitute a waiver of any other or future breach and will not act to amend or negate the rights of the waiving party. You may not assign your rights or obligations hereunder. The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability and indemnification shall survive termination. The word “including” has an exemplary meaning “including, without limitation” or “including, but not limited to” unless otherwise indicated.

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Privacy Policy

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At RunByRyan, accessible from www.runbyryan.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by RunByRyan and how we use it.

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If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us. Our Privacy Policy was created with the help of the Privacy Policy Generator.

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     Log Files

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RunByRyan follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.

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     Collection of Personal Data

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We collect Personal Data about you from:

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1. Yourself - when you provide such information directly to us, such as when completing your profile;
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2. Automatic data collection -  such as Cookies, local storage objects, web beacons, and other similar technologies in connection with your use of the Services;
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3. Customers and partners - such as anyone who is directly referring you to our Site and products and services;
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4. Marketing and Advertising Partners - such as companies that have entered in joint marketing relationships with us or assist us with marketing or promotional services, which may provide us with data related to how you interact with our Services, Advertisements, or Communications;
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5. Social media, other third-party platforms, and linked accounts, devices, or features - If you interact with our pages on social media sites, post content to their sites using the Services;

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     Personal Data We Collect

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We may collect the following types of Personal Data:

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1. Contact details - such as your first and last name, email and mailing address, and phone number;
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2. Communications - when we exchange interactions with you, including when you contact us via email, phone, or by any other known technological means, with questions, feedback, or reviews;
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3. Wellness Data - such as resting heart rate, heart rate variability, skin temperature, blood oxygen saturation level, running pace, training load, and other health-related metrics that you willingly provide;
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4. Your  Profile - including birthday, gender identity, weight, height;
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5. Other - details you choose to provide about your diet, medications, female health tracking, or medical history. We may use certain of this information to customize your experience with us as part of our Services;
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6. Payment and transactional data - any, and only required, information needed to complete your orders on the website or through the Services (including name, email address, payment card information, bank account number, billing information) and your transaction history, although RunByRyan does not have access to payment card numbers. Our payment processors will collect the financial information necessary to process your payments in accordance with the payment processor’s respective services agreement and privacy policy;
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7. Marketing data - such as your preferences for receiving our marketing communications, and details about your engagement with them (e.g., the marketing emails that you open and the links within them that you click);
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8. Online activity data - such as pages or screens you view, how long you spent on a page or screen, the website you visited before visiting our website, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.

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     Cookies and Web Beacons

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Like any other website, RunByRyan 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.

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     Google DoubleClick DART Cookie

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Google is one of many potential third-party vendors on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads. We use these aggregated statistics internally to improve the Services. 

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Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google, Inc. (“Google”) uses Cookies in connection with its Google Analytics services. For more information on how Google uses this information, click here.

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     Our Advertising Partners

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Some of advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to their Privacy Policies below:

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Google

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https://policies.google.com/technologies/ads

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     Privacy Policies

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You may consult this list to find the Privacy Policy for each of the advertising partners of RunByRyan which may be updated at any time.

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Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on RunByRyan, which are sent directly to users' browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

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Note that RunByRyan has no access to or control over these cookies that are used by third-party advertisers.

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     Third Party Privacy Policies

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RunByRyan's Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

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You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites. What Are Cookies?

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     Children's Information

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Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

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RunByRyan does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

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     Personal Data Retention and Security

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We employ a number of physical, technical, organizational, and administrative security measures designed to protect the Personal Data we collect. While we endeavor to protect the privacy of your account and other Personal Data we hold in our records, no security measures are failsafe, and we cannot guarantee the security of your Personal Data.

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We retain Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a business need to do so, or as required by law (e.g., for tax, legal, accounting, or other purposes), whichever is longer.

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     Online Privacy Policy Only

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This Privacy Policy applies only to our online activities and is valid for visitors to this Site with regards to the information that they shared and or is collected in RunByRyan. This policy is not applicable to any information collected offline or via channels other than this Site.

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     Other Sites and Services

The Services may contain links to websites and other online services operated by Third Parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any Third Party. We do not control mobile applications, websites or online services offered or operated by Third Parties, and we are not responsible for their actions. You can learn about and control how these Third Parties use and share Personal Data about you, including with RunByRyan, by reviewing their privacy notices and exercising the privacy choices the Third Party may offer.

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     Privacy Notice for California Residents

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We are providing this supplemental privacy notice to consumers in California, pursuant to the California Consumer Privacy Act of 2018 (the “CCPA”).

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We do not sell Personal Data. As we explain in this Privacy Policy, we use Cookies and other tracking technologies to analyze website and application traffic and use, and to facilitate advertising.

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California Privacy Rights. If you are a California resident, you have the following rights:

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Information: The Privacy Policy describes the types of Personal Data we collect.

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Access: You can request a copy of the personal information that we maintain about you.

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Deletion: You can ask to delete the personal information that we have collected from you.

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Opt-out of sale of your Personal Data: We do not sell Personal Data. We offer instructions on how to limit online tracking in the “Online tracking opt-outs” section of the Privacy Policy.

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Please note that the CCPA limits these rights by, for example, prohibiting businesses from providing certain sensitive information in response to an access request and limiting the circumstances in which they must comply with a deletion request.

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You are entitled to exercise the rights described above free from discrimination.

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Exercising your rights:

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To exercise these rights, please contact RunByRyan directly at runbyryan@gmail.com.

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To verify your identity prior to responding to your requests, we may ask you to confirm information that we have on file about you or your interactions with us. 

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Where we ask for additional Personal Data to verify your identity, we will only use it to verify your identity or your authority to make the request on behalf of another consumer.

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Authorized agents:
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California residents can empower an “authorized agent” to submit requests on the resident’s behalf. Your authorized agent may submit requests in the same manner, although we may require the agent to present signed written permission to act on your behalf, and you may also be required to independently verify your identity with us and confirm that you have provided the agent permission to submit the request.

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     Consent

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By using our Site, you hereby consent to our Privacy Policy and agree to its Terms and Conditions.

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Terms of Sale

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Please Read the following Terms of Sale carefully before purchasing products or services, such as a subscription, offered by RunByRyan LLC.  These terms of sale, where applicable in conjunction with the entirety of this document, where applicable, set forth the legally binding terms and conditions for your purchase and use of products and services provided by RunByRyan.  These terms and conditionscover important information about the products you purchase and any charges and amounts that we bill you.

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You represent and warrant that you have the right, authority, and capacity to accept and agree to these terms of sale and are of a sufficient legal age in your jurisdiction or residence to enter into these terms of sale and to purchase and use any of the products and services that we may provide you.

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This is a legal agreement. By placing an order for a product or service, you acknowledge that you have read, understood, and agree to be bound by these terms of sale.

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If you do not accept these Terms, then you are not authorized to purchase products and or services from RunByRyan. 

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If you have any questions regarding these Terms of Sale, you can and should directly contact runbyryan@gmail.com.
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     Pricing

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Your total price for products and services will include the price of the products and services in your order plus any applicable sales tax and shipping charges, less any discounts offered. We reserve the right to change prices at any time, but changes will not affect any order for products and services you have already placed prior to the change in price. We do not provide price protection or refunds in the event of a price drop or promotional offering. We reserve the right to refuse or cancel any orders placed for the product and services listed at an incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the incorrect price paid. 

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     Payment

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Any payment terms presented to you in the process of purchasing your products and services are deemed part of these Terms and are incorporated herein by reference. For all orders, RunByRyan calculates and charges sales tax in accordance with applicable laws. By providing a credit card or other payment method accepted by RunByRyan, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our Payment Processor (as defined below)) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any payment problem we encounter in order to proceed with your order. 

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We may collect payments for the products and services from you directly or we may use a third-party payment processor (“Payment Processor”) to bill you through a payment account selected by you at checkout. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these Terms. 

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We are not responsible for any errors by a Payment Processor. By choosing to purchase a product or service, you agree to pay us, either directly or through a Payment Processor, all amounts for the applicable order in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.

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The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due for your order.

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The estimated arrival or delivery date is not a guaranteed delivery date for your order, and you agree that we are not liable for late deliveries.

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All products or services purchased from RunByRyan are non-refundable unless otherwise specified in writing by RunByRyan.

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     Limitation of Liability

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In no event shall we be liable for any direct or indirect damages (including, without limitation, incidental, special, or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the products, whether based on warranty, contract, tort (including negligence), or any other legal theory, in excess of the amount paid for a particular product, even if a we have been advised of the possibility of such damages.

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Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law.

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If you are a user from New Jersey, section 10 (warranties and disclaimers) and section 12 (limitation of liability) are intended to be, and are, only as broad as is permitted under the laws of the state of New Jersey. If any provision of these sections is held to be invalid under the laws of the state of New Jersey, the invalidity of such provision shall not affect the validity of the remaining provisions of the applicable sections. 

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By placing an order for products and services, you agree and understand that RunByRyan may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. 

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     Electronic Communications and Notifications

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You are communicating with RunByRyan electronically when you use the Site, use our mobile application, or send an email to RunByRyan. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order through the Site, we collect and store your email address. From that point forward, your email address is used to send you information about our products and services unless you opt-out of such emails. 

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RunByRyan may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the Site. WHOOP is not responsible for any automatic filtering you or your network provider may apply to email notifications. RunByRyan recommends that you add ‘runbyryan@gmail.com’ to your email address book to help ensure you receive email notifications from RunByRyan. For notifications made by e-mail, the date on which the message is sent will be deemed the date on which such notification is transmitted. 

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     Additional Terms

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Additional terms may apply to certain Products. In the event there is a conflict between these Terms of Sale and any additional terms, the additional terms will control.

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Terms of Acknowledgement

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1. Risks. I am aware that running involves inherent risks, including but not limited to those associated with man-made and natural hazards; collisions with pedestrians, vehicles, other participants, animals, and fixed or moving objects; imperfect course conditions; surface hazards, including potholes; equipment failure, such as but not limited to: shoes or other bodily apparel, treadmills, ergometers, or any other tool or technology used during the course of engagement in or surrounding the act of running; inadequate safety equipment; use of equipment or materials provided by RunbyRyan LLC. or others; and weather conditions.  I fully understand that participating in RunByRyan coaching will place my body under extreme test of personal physical and mental limits and may involve the risk of serious injury or death, economic loss, property damage or loss that may result from my own actions, in accordence with following RunByRyan LLC. coaching recommendations or my own actions, inactions or negligence, and also from the actions, inactions or negligence of others. I understand and voluntarily assume these risks.
   
   
2. Release of Liability. I hereby forever release, waive, and discharge RunByRyan LLC., and each of their respective coaches, affiliates, agents, local associations, independent contractors, members, clubs, officials, partners, property owners, law enforcement agencies, and public entities, that are connected or may be connected to RunByRyan LLC. and its respective coaching services, and each of their respective officers, agents, employees, and volunteers (collectively, “Releasees”) from any and all claims that may arise out of or are related to my participation in coaching services from RunByRyan LLC., including but not limited to claims arising from the ordinary negligence of Releasees.
   
   
3. Covenant Not To Sue and Indeminity Agreement. I will not make any claim against Releasees for injury, damage, death, or any other loss arising from or related to my partiicipation in or purchase of services provided by RunByRyan LLC.  I understand that if I attempt to sue Releasees in violation of this agreement, Releasees may seek to recover all of their costs, including but not limited to legal fees.  I agree to indemnify, hold harmless and defend Releasees from and against any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney’s fees, judgments, unknown, including foreseen and or unforeseen bodily injury and personal injuries and property damage that may be sustained by me or any other person in any way connected to, related to, or arising out of my participation in or purchase of services from RunByRyan LLC.
   
   
4. Health. I represent that I am in good health and proper physical condition to safely participate in services provided by RunByRyan LLC.  I acknowledge that it is my sole responsibility to make such determination and that I am responsible for my own well-being at all times while participating in any services provided by RunByRyan LLC.
   
   
5. Rules; Regulations; Equipment.  I agree to be familiar with and abide by the rules and regulations established by RunByRyan LLC, including competitive rules adopted by RunByRyan LLC, and any special regulations for RunByRyan LLC services.  I agree to be familiar with any information and instructions provided by RunByRyan LLC.  I agree to run and participate so as to neither endanger myself nor others.  I accept responsibility for the condition and adequacy of my equipment and any equipment provided for my use and the required knowledge for knowing the difference in said conditions and levels of adequacy.
   
   
6. Governing Law; Jurisdiction; Severability.  This agreement shall be governed by the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the state of Texas or any other jurisdiction). Any legal suit, action, or proceeding arising ourt of or relating to this agreement shall be instituted in courts of the State of Texas located in Austin and Travis County.  If any provision of this agreement is deemed invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shal not affect any other providion of this agreement or render unenforceable any other provision in any other jurisdiction.
   
   
7. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 

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Summary

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Overview:

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This summary provides an easy-to-understand overview of our Terms of Use, Privacy Policy, and Terms of Sale. It’s important to read the full document for complete details, but here’s a snapshot of what you need to know.

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Terms of Use

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     Access & Use: 

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The website and its content are primarily for personal, non-commercial use. Commercial use requires our permission.

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     Changes to Terms: 

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We may update these terms occasionally, so please check back periodically.

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     Your Agreement: 

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By using the site, you agree to these terms.

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     Definitions:

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“You” and “Your” refer to anyone accessing the site.

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“RunByRyan,” “We,” “Us,” and “Our” refer to RunByRyan LLC and its affiliates.

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“Products” and “Services” include what we offer on the site, like coaching opportunities.

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     Rights and Conditions:

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‍You can access and view content for personal use and make single copies or print-outs.

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You agree not to use the site or content for commercial purposes without our permission.

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     Applicable Laws:

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The site operates under the laws of the USA and is intended for users in the USA. Users outside the USA must comply with their local laws.

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     Content:

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The site contains various types of content, which we strive to keep accurate and up-to-date, but we can’t guarantee it’s always perfect.

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     Social Media:

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Interaction with our social media may be public. Be aware of your privacy on these platforms.

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.    Trademarks and Intellectual Property:

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Our logos and marks are protected and can’t be used without permission.

We own all rights to the site’s content and design.

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     Submitted Materials:

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Anything you submit to us can be used by us (with respect to personal information).  You give us rights to use your submitted materials as we see fit.

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     Prohibited User Conduct:

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Don’t misuse the site (e.g., hacking, spreading viruses, posting harmful content). Respect our rights and the rights of others.

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     Third-Party Websites and Hyperlinks:

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Links to other sites are for convenience. We’re not responsible for their content.

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     Liability and Indemnity:

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We’re not liable for any damages from using the site beyond the amount paid for products or services. You agree to protect us from any claims related to your use of the site.

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     Term and Termination:

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These terms apply as long as you use the site and any use historically performed. We can change or stop offering the site or its services at any time.

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     Miscellaneous:

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These terms represent the entire agreement between us and the users.

Any legal claims related to the site must be filed within one year.

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Privacy Policy

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     Data Collection:

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We collect data like IP addresses, browser type, and site usage for improving the site.

Personal Data: We gather personal information you provide, like contact details and wellness data.

Cookies: We use cookies for better site functionality.

Third-Party Advertisers: Some ads on our site use their cookies and have their privacy policies.

Children’s Privacy: We don’t knowingly collect data from children under 13.

Data Security: We try to protect your data but can’t guarantee complete security.

California Residents: You have specific rights under the CCPA.

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     Consent:
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By using the site, you agree to these terms and our privacy practices.

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Terms of Sale

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     Pricing:

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Prices include taxes and shipping, less any discounts. Prices may change.

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     Payment:

‍You agree to pay the total order amount. We use a Payment Processor for transactions.

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     Limitation of Liability:

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‍Our liability is limited to the amount paid for products or services.

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     Electronic Communications:

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When you use our site, you consent to receive electronic communications from us.

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Risks Acknowledgment: Running involves risks. You release us from liability related to these risks.

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Key Takeaways:

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• Your use of the site indicates acceptance of these terms.
• We value your privacy and explain how we use your data.
• The purchase of products and services is subject to specific terms.

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Remember, this is just a summary. For full details, refer to the complete Terms of Use, Privacy Policy, and Terms of Sale on our website.

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Acknowledgment

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I have carefully read the foregoing and fully understand its terms.  I attest that I am 18 years of age or older. I understand that I am giving up substantial rights, including my right to sue.  Releases for injuries resulting from the inherent risks of running and ordinary negligence of Releasees. I acknowledge that I am signing this agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of liability to the greatest extent permitted by law.

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