Terms & Conditions

Effective Date: May 11, 2019

Welcome to RunBuddy! RunBuddy was created, designed, and built by runners, for the endurance athletics community. As good stewards of the endurance community, at RunBuddy, our mission is to provide our users with tools that will make their sport, our sport, safer and more enjoyable. Thank you for sharing in our vision and helping make the roads and trails safer places for ourselves, our family and friends, and our fellow athletes. These Terms and Conditions of Use are the rules of the game – designed to create a positive, law-abiding community of our users. By using RunBuddy’s products and services, you are agreeing to all the terms below.

RunBuddy, as well as its affiliates and subsidiaries, including Strategic Risk Transfers, Inc. (collectively referred to throughout as “RunBuddy,” “we” or “us”), offer a variety of products and services, including the RunBuddy Mobile App Service-branded fitness and wellness related websites and applications (“RunBuddy”); and all other current and future digital products and service offerings we make available, including any products services, and content provided in collaboration with our partners (collectively, the “Services”).

THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 15. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH RUNBUDDY AND YOU SHOULD REVIEW IT CAREFULLY. YOUR CHOICE TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES.

Please note that by accessing or using our Services, your Personal Data (as that term is defined in the Privacy Policy) that you share with one part of the Service may also be shared among the entirety of RunBuddy and its Services.

Please note the summaries in shaded boxes at the top of most sections are provided to make the Terms easier to understand. In the event of a conflict between any summary and any section of the Terms, the Terms will control.
Please feel free to contact us through our Support Team if you have any questions or suggestions.

Use of the Services and Your Account

1.1 Who can use the RunBuddy Services

RunBuddy welcomes users of all ages, but you must be at least 18 to purchase.

You must be at least 18 to purchase RunBuddy. If you are between the ages of 13-18, you may use RunBuddy only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to RunBuddy, or otherwise submit Personal Data through the Services (e.g., a name, telephone number, or email address).

1.2 Your Account

You will need to create an RunBuddy account to access the Services, and it’s important that the information associated with your account is accurate and up-to-date (particularly your email address – if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in).

You will need to register for a RunBuddy account to access or use certain Services. Your account may also automatically provide you access and means to use any new Services.

When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, our Services will not operate correctly, and we may not be able to accurately receive alerts from your phone and/or push those alerts to your buddies.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify our Support Team right away of any actual or suspected loss, theft, or unauthorized use of your account. We are not responsible for any loss that results from unauthorized use of your account.

1.3 Service Updates, Changes and Limitations

Our Services are constantly evolving. With the launch of new products, services, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. We may also update our Services, which might not work properly if you don’t install the updates.

The Services change frequently, and their form and functionality may change without prior notice to you.

We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Service may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.

1.4 Service Monitoring and Suspension

We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time.

We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services (including inviting a fellow user into a community or group), as well as any user’s use of or access to Personal Data, and profiles of other users.

We may also deactivate, terminate or suspend your account or access to certain Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for RunBuddy, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.

1.5 Security

Please let us know right away if you believe your account has been hacked or compromised.

We care about the security of our users. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify our Support Team immediately of any actual or suspected breach or unauthorized access or use of your account.

Ownership and Use of Content

2.1 Definitions

Content is what shows up on your display when you use our Services. User-Generated Content is any Content that is created by you or other users.

For purposes of these Terms, (i) “Content” means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts, executable files, graphics, maps, routes, geo-data, activity and activity data, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services; and (iii) “RunBuddy Content” means all Content that is not User-Generated Content.

2.2 Ownership

You own the Content that you create, and we own the Content that we create.

All RunBuddy content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to RunBuddy and/or its partners or applicable third parties. Each user retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that he/she creates, but grants a license of that User Generated Content to Runbuddy as explained in Section 2.5 below. RunBuddy and/or its partners or third parties retain ownership, responsibility for and/or other applicable rights in all RunBuddy Content. Except as expressly provided in the Terms, nothing grants you a right or license to use any Runbuddy Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorized in writing by RunBuddy.

2.3 Our License to You

You are welcome to access and use the RunBuddy Content and Services. We work hard to provide a great experience for our users, so please respect our intellectual property rights and only use the RunBuddy Content and Services as intended. This includes not using any RunBuddy Content or Services for commercial purposes without our permission.

Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and RunBuddy Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the RunBuddy Content or Services.

2.4 Acceptable Usage Guidelines

2.4.1 RunBuddy Content.
Except as expressly permitted by applicable law or authorized by RunBuddy, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services’ software, or any RunBuddy Content offered as part of the Services (other than User-Generated Content), in whole or in part. You shall not download, copy, or save RunBuddy Content, except (i) as expressly permitted by the functionality of certain Services as provided for in the specific guidelines and/or additional terms applicable to those Services, or (ii) solely for personal use or your records.

2.4.3 Linking to the Services.
If you would like to link to our Services on your website or application, please follow these rules: (i) any link to the Services must be a text only link clearly marked “RunBuddy” (without the use of any other trademark, logo copyright or any other intellectual property asset owned or controlled by RunBuddy) or in some other format directed by RunBuddy, (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks, (iii) the link must “point” to the root domain name of the Services and not to other pages within the Services, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with RunBuddy, (v) when selected, the link must display the Service on full-screen and not within a “frame” on the linking website or service, and (vi) RunBuddy reserves the right to revoke its consent to the link at any time and in its sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove the relevant link.

2.5 Your License to Us

When you post Content in connection with the Services, it belongs to you – however, you’re giving us permission to use that Content in connection with our Services and make the Content available to others. We can edit or remove your Content from our Services at any time for any reason. Don’t post any content that is not yours or that you do not have permission to post.

When you provide User-Generated Content to RunBuddy through the Services, you grant RunBuddy and our users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) RunBuddy has no obligation to provide you with any credit when using your User-Generated Content, but if RunBuddy chooses to provide you with credit, the size and placement of the credit is at our sole discretion; and © you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.

The rights you grant in this license are for the limited purposes of allowing RunBuddy to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new Services.

We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms, the Community Guidelines, and/or our policies.

You agree you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant RunBuddy the foregoing license for all User-Generated Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.

2.6 Spreading the Word

If you share someone else’s personal information with us, you must first get their permission.

We hope you enjoy using our Services and encourage you to share your enthusiasm for them with your friends. If you elect to use the features in our Services to tell a friend about the Services, we will ask you to provide your friend’s email address or social media profile, which we may then use to contact your friend about the Services. We may store the information you provide for a period of time, but we will not post this information publicly. You represent and warrant that you are authorized to provide any third-party contact information that you provide to us for referrals and will indemnify us for any breach of this representation and warranty.

2.7 Content Retention

Please keep in mind that when you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it in the future.

Following termination of your account, or if you remove any User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Furthermore, RunBuddy and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that otherwise has been stored or shared through the Services. Accordingly, note that the above license to your User-Generated Content continues even if you stop using the Services. When you post something publicly, others may choose to comment on it, making your Content part of a social conversation. For more information, please review our Privacy Policy.

2.8 User-Generated Content and Eligibility to Participate in Certain Sports Organizations

Things that happen online may have consequences in the real world.

Certain sports organizations have rules on amateurism and eligibility that could potentially be implicated if you post User-Generated Content within the Services, even if you believe it is noncommercial in nature. It is your responsibility to determine whether posting such content within the Services will affect your eligibility to participate in any sport under any applicable rules of any sports organization.

2.9 Your Feedback

We appreciate your feedback and can freely use your suggestions to make RunBuddy and users around the United States better. Thank you and keep the ideas coming!

If you choose to submit comments, ideas or feedback, you should submit the idea through our Support Team, and you agree that we are free to use the ideas you submit without any restriction or compensation to you. By accepting your submission, RunBuddy does not waive any rights to use similar or related feedback previously known to RunBuddy, developed by our employees, or obtained from sources other than you. You certify and represent that the information or feedback you submit to us through the Services is not confidential or proprietary information.

Community Guidelines

Intellectual Property/ DMCA

We respect intellectual property laws. If anything is wrong, please send an email with all the details to support@getrunbuddy.com.

If you believe User-Generated Content or RunBuddy Content infringes copyright or trademark under U.S. or other national law, please notify our us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention. Please provide us with the following information in your notice of a suspected violation:

Identification of the material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed.

Your notice must be signed (physically or electronically) and must be addressed as follows:

RunBuddy
1 Exchange Street
Worcester, MA 01608
support@getrunbuddy.com

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please see www.copyright.gov for more information about how to prepare or respond to a DMCA notice and/or www.uspto.gov/trademark for more information about trademark rights.

Mobile Services

While we strive to make RunBuddy available on many platforms, we can’t guarantee that it will be compatible with your device (though please let RunBuddy Support know if you have a question or problem; we want to help). If you use RunBuddy, your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply.

6.1 Wireless Carrier and Device Considerations

To use or access RunBuddy, you will need a compatible device. We cannot guarantee RunBuddy will be compatible with, or available on, your device. We do not charge for use of the “Buddy Only” version of RunBuddy; however, you will need to pay the subscription in order to access all of the alert functionalities that RunBuddy provides. Further, your phone company’s normal messaging, data, and other rates and fees will still apply.
6.2 Text and Mobile Messaging Express Consents

By downloading or using RunBuddy, you expressly agree we may communicate with you regarding transactions you have initiated on the Services or respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us automatically form your device. We will not send you direct messages of a marketing nature without your prior express written consent and you can opt out of receiving any marketing messages from us at any time.

6.3 Mobile Application License

We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use RunBuddy downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes.

6.4 App Stores

If you download our applications from a third-party app store (the “App Provider”), you acknowledge and agree that:

The Terms are an agreement between us, and not with the App Provider. As between RunBuddy and the App Provider, RunBuddy is solely responsible for its applications;
The App Provider has no obligation to provide any maintenance and support services with respect to the RunBuddy applications;
In the event of any failure of the RunBuddy applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between RunBuddy and the App Provider, RunBuddy responsibility;
The App Provider is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications;
If a third party claims an application infringes another party’s intellectual property rights, as between the App Provider and RunBuddy, RunBuddy will be responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms;
The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the applications. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the applications against you as a third-party beneficiary thereof; and
You must also comply with all applicable third-party terms of service when using the applications.

Paid Services

If you choose to subscribe to the premium version of RunBuddy to access all of the alert functionalities, these are the payment and billing terms that apply. Paid services and billing may auto-renew unless you cancel. You may cancel at any time.

7.1 Payment Terms

We offer a premium version of the RunBuddy (the “Premium Services”) for a fee. By signing up for and using the Premium Services, you agree to our Terms, and any additional terms and conditions provided here. You also agree to waive your 14-day right of withdrawal at the moment you subscribe to the Premium Services to the maximum extent permitted by applicable law, so that you are able to immediately access them.

The Premium Services provide you access to all alert functionalities, services, and features. By signing up for and using the Premium Services, you agree to pay any fees or other incurred charges that apply to the Premium Services (such as subscription fees).

When you sign up for the Premium Services, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Premium Services and for any other purchases you elect to make via the Services.

You can choose to pay for the Premium Services on a monthly or annual basis. Unless otherwise stated, all fees due for the Premium Services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual Premium Service period, as applicable. Unless otherwise stated, Premium Services will auto-renew until you elect to cancel your access to Premium Services. All purchases of Premium Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service.

7.2 Termination or Cancellation of Premium Services

If you do not pay the fees or charges due for your use of the Premium Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Premium Services (and may do so without notice).

You can cancel the Premium Services at any time. Once you have cancelled your Premium Service and received confirmation, no other changes can be made to your account. The cancellation of a Premium Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Premium Service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Premium Service through the end of that month.
There are no refunds for termination or cancellation of your Premium Service. If you no longer wish to subscribe to a Premium Service, it is your responsibility to cancel your Premium Service in due time, regardless of whether or not you actively use the Premium Service.

7.3 Fee Changes

To the maximum extent permitted by applicable laws, we may change our prices for Premium Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Premium Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Premium Service prior to the change going into effect.

If you decide you do not want to become a paying Premium Services user, you must cancel your subscription before the end of your billing cycle. Depending on the applicable Premium Service, you may lose access as soon as you cancel.

Premium Service features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire period. We reserve the right, in our absolute discretion, to modify or terminate your access to the Premium Services, or any of these terms without notice and with no liability.

Activities and Alert Functionality Warnings

It’s important to us that users stay healthy and safe while achieving their fitness goals. Please be responsible and use your best judgment and common sense. While RunBuddy can be an effective safety tool, it is not a forcefield. We provide our Services and Premium Services with the assumption that you understand the risks, and can’t be held liable if you get injured or something goes wrong.

9.1 Safety First

RunBuddy cares about your safety. That’s why we exist. While we want you to get out there and train, please consult with your healthcare provider(s) to be sure you have no underlying health issues and consider the associated risks before using our Services in connection with any physical activity. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in exercise. Everyone’s condition and abilities are different, and participating in exercise is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Exercise may pose risks even to those who are currently in good health.

RUNBUDDY – FREE “BUDDY ONLY” VERSION

BY DOWNLOADING RUNBUDDY, YOU UNDERSTAND AND AGREE THAT RUNBUDDY IS A SAFETY TOOL, NOT A FORCEFIELD. YOU AGREE TO NOT EXPOSE YOURSELF TO GREATER RISK. YOU AGREE TO USE YOUR BEST JUDGEMENT, AVOID DANGEROUS SITUATIONS, AND BE SITUATIONALLY AWARE. FURTHERMORE, YOU AGREE AND UNDERSTAND THAT:

RUNBUDDY REQUIRES BOTH A CELLULAR SMARTPHONE AND CELLULAR CONNECTIVITY IN ORDER FOR IT TO OPERATE.
YOUR CELL PHONE MUST HAVE THE MOST RECENTLY RELEASED OPERATING SYSTEM DOWNLOADED AND AVAILABLE.
YOU UNDERSTAND THAT THE “BUDDY ONLY” VERSION DOES NOT PROVIDE THE IN-APP PUSH ALERT FUNCTIONALITIES OR GPS TRACKING FOR YOUR PHONE. THESE AMENITIES ARE ONLY PROVIDED TO PREMIUM VERSION SUBSCRIBERS.
YOUR UNDERSTAND THAT IF YOU TURN OFF PUSH MESSAGING IN EITHER YOUR PHONE OR WITHIN RUNBUDDY, YOU WILL NOT RECEIVE IN-APP PUSH NOTIFICATIONS FROM YOUR BUDDY’S ACTIVITY.
IF YOUR BUDDY’S ACTIVITY TAKES THEM OUT OF CELLULAR RANGE, RUNBUDDY WILL NOT FUNCTION AND IN-APP PUSH ALERTS, BOTH AUTOMATIC AND MANUALLY ACTIVATED, WILL NOT BE SENT AND THEIR GPS LOCATION WILL NOT BE INDICATED ON THE MAP WITHIN THE APP.
WE ARE NOT RESPONSIBLE FOR THE LEVEL OF CELLULAR COVERAGE IN YOUR GEOGRAPHIC LOCATION, NOR IN THE AREA OF YOUR BUDDY’S.
YOUR SMARTPHONE SHOULD BE FULLY CHARGED TO MAKE SURE THE BATTERY LIFE WILL LAST THOUGH YOUR BUDDY’S ACTIVITY. IF YOUR BATTERY LIFE IS EXHAUSTED AND YOUR PHONE SHUTS DOWN, RUNBUDDY WILL NOT FUNCTION AND ALERTS, BOTH AUTOMATIC AND MANUALLY ACTIVATED, WILL NOT BE RECEIVED AND YOUR BUDDY’S GPS LOCATION WILL NOT BE INDICATED ON THE MAP WITHIN THE APP.
WHILE WE STRIVE TO MAKE RUNBUDDY AS ROBUST AS POSSIBLE, TECHNOLOGY IS IMPERFECT. FAILURE CAN OCCUR.

RUNBUDDY – PREMIUM VERSION

RUNBUDDY REQUIRES BOTH A CELLULAR SMARTPHONE AND CELLULAR CONNECTIVITY IN ORDER FOR IT TO OPERATE.
YOUR CELL PHONE MUST HAVE THE MOST RECENTLY RELEASED OPERATING SYSTEM DOWNLOADED AND AVAILABLE.
YOUR “BUDDIES” MUST ALSO HAVE DOWNLOADED THE RUNBUDDY APP ON THEIR SMARTPHONES IN ORDER TO MONITOR YOUR ACTIVITY AND RECEIVE IN-APP PUSH ALERTS.
YOUR UNDERSTAND THAT IF YOUR BUDDIES TURN OFF PUSH MESSAGING IN EITHER THEIR PHONE OR WITHIN RUNBUDDY, THEY WILL NOT RECEIVE IN-APP PUSH NOTIFICATIONS FROM YOUR ACTIVITY OR ALERTS.
IF YOUR ACTIVITY TAKES YOU OUT OF CELLULAR RANGE, RUNBUDDY WILL NOT FUNCTION AND IN-APP PUSH ALERTS, BOTH AUTOMATIC AND MANUALLY ACTIVATED, WILL NOT BE SENT AND YOUR GPS LOCATION WILL NOT BE INDICATED ON THE MAP WITHIN THE APP.
WE ARE NOT RESPONSIBLE FOR THE LEVEL OF CELLULAR COVERAGE IN THE AREA OF YOUR ACTIVITY, NOR IN THE AREA OF YOUR BUDDY’S.
YOUR SMARTPHONE SHOULD BE FULLY CHARGED TO MAKE SURE THE BATTERY LIFE WILL LAST YOUR ACTIVITY. IF YOUR BATTERY LIFE IS EXHAUSTED AND YOUR PHONE SHUTS DOWN, RUNBUDDY WILL NOT FUNCTION AND ALERTS, BOTH AUTOMATIC AND MANUALLY ACTIVATED, WILL NOT BE SENT AND YOUR GPS LOCATION WILL NOT BE INDICATED ON THE MAP WITHIN THE APP.
WHILE WE STRIVE TO MAKE RUNBUDDY AS ROBUST AS POSSIBLE, TECHNOLOGY IS IMPERFECT. FAILURE CAN OCCUR.

You expressly agree that your athletic activities (e.g., running, walking, cycling, hiking) carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of RunBuddy or by the action, inaction, or negligence of others.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages sustained from your physical activities or your use of, or inability to use, or the functionality or non-functionality of any Services or features of the Services, including any Content, even if caused in whole or part by the action, inaction or negligence of RunBuddy or others.

9.2 Disclaimer Regarding Accuracy and Reliance on Content

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.

In addition, User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by RunBuddy, and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.

10.1 Updates to these Terms

RunBuddy reserves the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the home page of the RunBuddy websites or in our applications). Modifications will not apply retroactively unless required by law.

We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access or use the Services (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.

No Warranties

EXCEPT WHERE PROHIBITED BY LAW, RUNBUDDY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

Limitation of Liability

We are building the best Services we can for you but we can’t promise they will be perfect. We’re not liable for various things that could go wrong as a result of your use of the Services.

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall RunBuddy, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; © damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not RunBuddy has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of RunBuddy, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand dollars (us $1,000.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of a user’s Personal Data, © any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, 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.”

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by RunBuddy’s own fraud, recklessness, gross negligence or willful misconduct.

Indemnification

If you are a resident of the United States: To the maximum extent permitted by applicable law, you agree to indemnify and hold RunBuddy, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, © your athletic activities in connection with the Services (including, but not limited to, athletic activities in connection with any contests, races, group activities, Third-Party Activities or other events that we may sponsor, organize, participate in, or where the Services are employed), (d) your connection to the Services, (e) your violation of these Terms, (f) your use or misuse of any user’s Personal Data, (g) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another user in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of RunBuddy’s own fraud, recklessness, gross negligence or willful misconduct.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts and controlling U.S. federal law as applicable, without regard to its conflict of law principles.

Disputes and Arbitration, Jurisdiction and Venue

To the maximum extent permitted by applicable law, you and RunBuddy agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration.

Any arbitration between you and us, to the extent necessary, will be conducted in Worcester, Massachusetts, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.

The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:

the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.

You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your choice to maintain an account, access or use the Services:

You are giving up your right to have a trial by jury;
You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
You must file any claim within one (1) year after such claim arose or it is forever barred.

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Worcester, Massachusetts, and you and we hereby submit to the personal jurisdiction and venue of these courts.
This agreement to arbitrate will not preclude you or RunBuddy from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or RunBuddy from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of RunBuddy’s intellectual property rights.

In the event of any litigation or arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.

Survival

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership and Use of Content), 9 (Physical Activities and Dietary Guidance), 11 (No Warranties), 12 (Limitations of Liability), 13 (Indemnification), 15 (Disputes and Arbitration, Jurisdiction and Venue), and 17 (Survival).

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the Services.

Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.

Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.

Contact Us

If you have any feedback, questions or comments about the Services, please contact our Support Team by email, by phone at 1-508-304-6106, or by mail at: RunBuddy, 1 Exchange Street, Worcester, MA 01608 (USA), and include the subject as “Attn: RunBuddy Support”. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.

Thanks for reading all of this and welcome to RunBuddy!