All files and information contained in this Website or Blog located at http://valiantrunning.com are copyright by Valiant Running, and may not be duplicated, copied, modified or adapted, in any way without our written permission. Our Website or Blog may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos.
Your use of our Website, Blog or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Valiant Running.
Our Content, as found within our Website, Blog and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Enforcement of copyright
Valiant Running takes the protection of its copyright very seriously.
If Valiant Running discovers that you have used its copyright materials in contravention of the license above, Valiant Running may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs. If you become aware of any use of Valiant Running’s copyright materials that contravenes or may contravene the license above, please report this to us immediately. Copyright © Valiant Running 2020 All Rights Reserved
Terms of Service
Last Updated: April 4, 2020
This Terms of Service (this “Agreement”) applies to all services and products (the “Services”) provided by Valiant Running, Co. (“Valiant Running”). Please read this Agreement carefully before registering an account or purchase.
Acceptance and Consent
BY PURCHASING COACHING SERVICES/SESSIONS, TRAINING PLANS OR PRODUCTS, YOU ARE CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE WITH ANY PURCHASE OR REGISTRATION. The effective date of this Agreement is the date you purchase a service/session package, training plan or product.
Valiant Running primarily provides an outlet for runners and fitness enthusiasts to connect with experienced and highly motivated running coaches. The Services are offered in packages specified on our website, which may be updated from time-to-time. Valiant Running facilitates the Services by providing running, nutrition and rehabilitation/strength coaching, booking tools, a chat platform, training logs, and products. With the purchase of a coaching service/sessions, you will receive instruction and training plan for the duration of each session package.
You are responsible for:
Completing registration and booking process accurately by providing all the required information;
Utilizing medical professionals as you normally would. Immediately seeking professional medical attention if you experience illness or medical complications;
Providing accurate payment information and making best effort to maintain scheduling and booking commitments;
Communicating honestly and truthfully with your Coach;
Disclosing any relevant information to your Coach and completing the Athlete Questionnaire.
Ensuring that all activity occurring under your account abides by all local, state, national and foreign laws;
Immediately reporting to Valiant Running any unusual activity; and immediately reporting and using reasonable efforts to stop any copying or distribution of the Services or their related products, known or suspected.
What is Prohibited
You agree NOT to:
Exert your body outside what would normally be considered safe;
Initiate conversation of topics with your Coach that relate to politics, sex, or religion; use vulgar or offensive language when communicating or ask personal questions of your Coach that are not already generally known in the public;
Impersonate another person, provide false identification information to gain access to or use the Services, or allow multiple people to use a single user account;
Share the Services with any third party (with the exception of any features that enable you to communicate with a third party); or modify or make derivative works based upon the Services;
Disassemble, reverse engineer, analyze, modify, convert or translate the Services or apply any procedure or process to the Services;
Use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Services in a manner that sends more request messages to Valiant Running servers in a given period than a human can reasonably produce in the same period by using a conventional web browser;
Create Internet “links” to the Services or “frame” or “mirror” any content on any server or wireless or Internet-based device, Collect or harvest any personally identifiable information, including account names, from Valiant Running or the Services without the expressed written consent of Valiant Running;
Send email spam or otherwise duplicate or unsolicited messages in violation of applicable spam laws; send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or that violate any third-party privacy rights; send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Services or the data contained therein; attempt to gain unauthorized access to the Services or its related systems or networks; impersonate or attempt to impersonate another user or any other person or entity; use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material within the Services; use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Services; introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services;
Attack Services via a denial-of-service attack or a distributed denial-of-service attack; otherwise attempt to interfere with the proper working of the Services; or access or use the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
YOU ACKNOWLEDGE THAT ANY INFORMATION PROVIDED BY VALIANT RUNNING IS NOT MEDICAL ADVICE AND SHOULD NOT BE USED IN LIEU OF PROFESSIONAL MEDICAL ATTENTION.
The Services must be paid for by credit/debit card in advance when purchasing.
Terminations, Cancellations, and Refunds
Valiant Running reserves the right to refuse your registration, cancel your account, or terminate Services if we deem it inappropriate or a violation of terms of this agreement. Once a package or a digital product is purchased, it is non-refundable.
OWNERSHIP – NO LICENSE
This is an Agreement for Services, and you are not granted a license or any rights of ownership in or to the Services. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property rights in the Services will remain the sole property of Valiant Running. Any work product and deliverables related to the Services, including methods, processes, notes, designs, curriculum, or any other correspondence belongs to Valiant Running. Any intellectual property and information, such as feedback, advice, information, ideas, or designs that you give to Valiant Running will belong to Valiant Running and you will receive no compensation for such information. All rights not expressly granted to you in this Agreement are reserved by Valiant Running.
VALIANT RUNNING RIGHTS
Valiant Running retains the right to:
make changes, updates, or improvements to the Services as needed;
access your account to make improvements, updates, or changes to the Services, as needed;
discuss, disclose, or otherwise divulge any information provided by you within the Services to your Coach; and
access your account by proxy login in order to investigate any problems or complaints that your account may be causing that may be impede Services.
Valiant Running represents and warrants that it will provide the Services in a manner consistent with industry standards. Valiant Running makes no other representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Services or any content. The Services are provided to you on an “AS IS” basis. By accepting this Agreement, you acknowledge that the Services may not operate properly at all times. Your exclusive remedy and Valiant Running sole obligation in the event of any warranty claim shall be for Valiant Running to remedy Services.
Valiant Running DOES NOT represent or warrant that:
the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
the Services will improve your running performance;
the Services will remain consistent during any given period, as Valiant Running reserves the right to make changes to, improve the Services, or add and remove product features at any time;
the Services are free of viruses or other harmful components.
Valiant Running is not responsible nor liable for the deletion, correction, destruction, damage, loss or failure to store any of your data. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY VALIANT RUNNING.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL VALIANT RUNNING AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN A TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. YOU AGREE TO THE VALIANT RUNNING LIABILITY WAIVER, PARTICIPATION AGREEMENT AND ATHLETE QUESTIONNAIRE LOCATED AT: www.valiantrunning.com/waiver
Valiant Running may make changes to this Agreement at any time with or without notice to you. Any changes will be published to www.valiantrunning.com/terms-conditions. You are responsible for periodically checking for changes to this Agreement. Your continued use of the Services after publishing changes constitutes your acceptance of any such changes.
GOVERNING LAW, ARBITRATION & ATTORNEY’S FEES
This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to any contrary conflicts of law principles. Any dispute, controversy, or claim arising out of or relating to this Agreement will be settled by binding arbitration. Judgment on the award rendered by the arbitrator may be entered in the circuit court in the county in which the arbitration occurs, and the resolution of the disputed matter as determined by the arbitrator will be binding on the parties. There will be one arbitrator who will be a business lawyer or will have such alternate qualifications that are mutually agreeable to the parties. Any arbitration will be conducted in the State of California.
Effective as of April 4, 2020.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 18 years old to register for and use the Service.
If you are a user who signs up for the Service, the company will create a personalized account, which includes a unique username and a password to access the Service and allow you to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the service for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user's account without permission;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Service;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
publish or link to malicious content intended to damage or disrupt another user's browser or computer.
POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, false or inaccurate;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third party web site(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the"Third Party Applications, Software or Content"). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringe Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to the Company's designated copyright agent at Valiant Running:
The date of your notification;
A Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are recovered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the laws of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company's discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and business names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service's e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to Valiant Running.
Opting out may prevent you from receiving messages regarding the Company or Special Offers.
THE SERVICE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.