Terms of Use

 

 

TERMS OF USE

JumpStartRunning, LLC (“Company”) owns the proprietary information and operates the website located at https://www.discoveryourrecover.com (the “Site”).  Please read these Terms of Use (“Agreement” or “Terms of Use”) carefully before using the Site.  This Agreement sets forth the legally binding terms and conditions for using the Site and all services provided on the Site.  This Agreement applies to all users of the Site.  By using the Site in any manner, you agree to be bound by the terms and conditions of this Agreement, including any additional terms, conditions, and policies available on the Site. 

Company Services.  Company provides customized software and educational fitness information for its subscribers to perform and educate others (indirectly/directly – see intellectual property).  This service is only available to current subscribers who are in full compliance with this Terms of Use Agreement. 

Site Visitors.   By using the Site, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.  Company may, in its sole discretion, refuse to allow access to or use of the Site to any user.  This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. 

You agree to comply with all laws regarding online conduct.  In addition, you must abide by Company’s policies as stated in this Agreement and other policy documents listed on the Site, as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated herein by reference and each of which may be updated by Company from time to time without notice to you. 

Several features on the Site require registration and creation of a member account.  You must keep account information up-to-date and accurate at all times, including a valid email address.  You may not transfer or sell your account or User ID to any other party.  You must treat your account information as confidential and personal to you.  Keep your password secure.  Do not provide your username or password information to any other party.  You agree that you are fully responsible for any and all activity, liability, and damage resulting from your failure to maintain password confidentiality.  You also agree that Company cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.  You agree to notify Company immediately in the event of any unauthorized use of your password or any breach of security. 

Company reserves the right to refuse or suspend service to anyone, for any reason, at any time, including in the event of your actual or suspected unauthorized use of the services or non-compliance with these Terms of Use or other Company policy.  Company reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. 

Terms of Sale.  Use of the software/information offered on the Site requires payment of a subscription fee.  Unless otherwise stated, all prices and fees are quoted in US Dollars (USD).  If you elect to subscribe for our services, you shall pay all applicable fees, as described on the Site.  All fees are exclusive of state and local sales or use taxes and any duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes.  You agree to pay any such taxes that might be applicable to your use of the services and payments made to the Company.  Company reserves the right to change its prices at any time, and any such changes or modifications shall be posted on the Site and effective immediately without need for further notice to any user.  Any such changes or modifications in prices and fees shall be effective when the services in question come up for renewal.  You authorize Company, directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information you provide.  All fees relating to usage of the services are charged automatically using the payment method specified by you on file with Company for your user account.   You may cancel your subscription at any time, and the services will be discontinued upon the expiration of the respective period for which you have paid.  You acknowledge and understand that Company will not issue refund if the services are not used.   If you have any questions concerning your order, please contact us using the contact information available on the Site. 

Idea Submissions.  Company considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users (“Material”) to be non-confidential and non-proprietary, and Company shall not be liable for the disclosure or use of such Material.  Any communication by you to Company is subject to this Agreement.  You hereby grant and agree to grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish, and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you. 

Resolution of Disputes and Release.  In the event a dispute arises between you and Company, please contact Company.  For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Arizona.  You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph.  Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.  You and Company agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. 

Should you have a dispute with one or more users, or an outside party, you release Company (and Company’s officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  Company encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Intellectual Property.  Unless otherwise noted, all of the text, information, data, graphics, photographs, images, illustrations, animations, software, audio, video, and all other content on the Site (collectively, the “Content”) is subject to the copyright and other intellectual property rights of Company.  All Content on the Site is the sole property of Company.  Company reserves all rights not expressly granted in and to the Site and the Content.  Subscribers on the Site are granted limited, non-exclusive permission to distribute PDF files from this site for educational purposes.   This limited permission shall remain in effect until your subscription is terminated as provided in this Agreement.  You agree not to engage in any use of the Content other than as expressly permitted by Company.  The material and content from Company may not be copied, distributed, modified, or reproduced in any medium or for any purpose without express written permission from Company with exception of PDF for educational purposes.  You agree not to circumvent, disable, or otherwise interfere with information from the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or any of the Content therein. 

“Discover Your Recover” “JumpStartRunning” and other trademarks, trade names, graphics, logos, domain names, designs, page headers, button icons, service names, and any other features of the JumpStartRunning brand (collectively, the “Trademarks”) are the sole property of Company.  This Agreement does not grant you any license or right to use the Trademarks for any purpose, whether for commercial or non-commercial use.  Company’s Trademarks may not be used except as expressly permitted by Company. 

Access and Interference.  Company does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Company’s control.  You agree that you will not:  (i) Take any action that imposes, or may impose, in Company’s sole discretion, an unreasonable or disproportionately large load on Company’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any user Content (except for your Content) without the prior express written permission of Company and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass Company’s robot exclusion headers or other measures Company may use to prevent or restrict access to Company. 

Breach.  Without limiting any other remedies, Company may, without notice, and without refunding any fees, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if Company suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents or guidelines listed on the Site; Company is unable to verify or authenticate any of your personal information or Content; or Company believes that a user is acting inconsistently with the letter or spirit of Company’s policies, has engaged in improper or fraudulent activity in connection with Company or the actions may cause legal liability or financial loss to Company’s users or to Company.

Privacy.  Company takes your privacy seriously.  As of the Effective Date of this Agreement, we do not sell or disclose your personally identifiable information to third parties.  However, this policy may change and information may be disclosed in the event of bankruptcy, merger, or acquisition.  Company uses reasonable data security measures to protect all Content and Site materials.  Like most websites, we use cookies and/or web beacons to enhance your experience, gather general visitor information, and track visits to our website.  This information includes, but is not limited to, IP addresses, browser details, timestamps and referring pages.  None of this information can personally identify specific visitors to this site.  The information is tracked for routine administration and maintenance purposes. 

Disclaimer of Warranties. Company makes no representations or warranties as to your use of the Site and the services and assumes no liability or responsibility for the accuracy, or any error or omission, in the Content. 

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK.  COMPANY,  AND ITS AFFILIATES PROVIDE THE SITE AND COMPANY’S SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  COMPANY AND ITS  AFFILIATES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 

Liability Limit.  IN NO EVENT SHALL COMPANY, AND (AS APPLICABLE) AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, COMPANY’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Indemnity.  YOU AGREE TO INDEMNIFY AND HOLD COMPANY. AND (AS APPLICABLE) AFFILIATES,  HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR OTHER COMPANY POLICY DOCUMENTS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Severability.  If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of this Agreement shall remain in full force and effect. 

Company Service.  Company reserves the right to modify or terminate the Site services for any reason, without notice, at any time.  Company reserves the right to alter these Terms of Use or other Site policies at any time.  Each revised version these Terms of Use will be posted on the Site.  Continued use of the Site constitutes your acceptance of any revised Terms. 

Choice of Law.  This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Arizona, excluding its conflicts of laws rules, and the United States of America.

 

PRIVACY POLICY

JumpStartRunning, LLC (“JumpStartRunning” or “we”) operates the website located at the uniform resource locator (“URL”) www.discoveryourrecover.com (the “Site”). We respect the privacy of all visitors to our site. This Privacy Policy discloses the privacy and information practices for [DIRECT URL FOR PRIVACY POLICY]. Please read this policy before using the Site.

You acknowledge that this Privacy Policy is part of our website Term of Use, and by accessing or using the Site, you agree to be bound by all of its terms and conditions. If you do not agree to the Terms of Use, please do not use or access the Site. If you have questions or concerns about our privacy policy or practices, please contact us at jumpstartrunning@gmail.com.

1. Types of Information Collected. We may collect certain personally identifiable information that you voluntarily provide to us when you purchase products, create an account, and/or contact us for customer service purposes. The types of information that may be collected include name, address, email address, telephone number, country of origin, and, as applicable, billing information. Other voluntarily provided information may include testimonials, product descriptions and/or reviews, and information provided when you participate in other interactive areas of the Site.

You provide certain personally identifiable information to us when you register your email address with us for mailing list or other Site services and/or when you send email messages, submit forms, or transmit other information. If you correspond with us via email, we may retain the content of your email messages, your email address, and our responses. If you pose questions about the services, we may incorporate those questions onto an FAQ page.

We may also collect and/or our content server may collect certain non-personally identifiable information from your browser when you visit the Site, such as your IP address, cookies, and data about which pages you visit on the Site. This information helps us to administer the Site, analyze problems our servers or software, and to gather demographic information.

2. How We Use the Information. We use the information you submit to operate, maintain, and provide the features and functionality of the Service or otherwise in connection with our business in relation to the Site. If you provide an email address, it may be used to send you information, company news, updates, and/or related product or service information. You may unsubscribe from emails at any time by contacting us using the information provided on the Site. Any information you voluntarily submit for posting to the Site (for example, if you submit a testimonial or a question that would be appropriate for an FAQ) becomes available to the public. Even if you remove the content, copies may remain viewable in cached or archived pages if other users have copied or stored your content.

At this time, we do not sell or disclose your personally identifiable information to third parties. However, this policy may change and information may be disclosed in the event of bankruptcy, merger, or acquisition. Further, we may be required by law enforcement or judicial authorities to provide personal information to the appropriate governmental authorities. We will disclose personal information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

3. Security. We have put into place appropriate measures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect on the Site. Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that information we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

4. Cookies. Cookies are pieces of information that a website transfers to an individual’s hard drive that can be retrieved later to identify you. The use of cookies is standard on the internet. We may choose to use cookies in order to monitor website traffic and/or to recognize return visitors as a way to facilitate and customize your use of the Site. Except as described above, we do not use information transferred through cookies for any promotional or marketing purposes, nor do we sell the information to third parties.

Most internet browsers are set to automatically accept cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you reject all cookies, we cannot guarantee that all parts of our site will function properly.

5. Children’s Privacy. We do not knowingly collect personal information from children under 13 years of age without the prior, verifiable consent of a parent or legal representative. Website visitors may be asked to provide their date of birth or a parent’s email address as a verification mechanism. If we become aware that a child has posted any personal information on our website, we will remove the content.

6. Miscellaneous. This Privacy Policy, and all claims or issues regarding our site, shall be governed according to the laws of the State of Arizona, without giving effect to any conflicts of laws principles. Except as otherwise required by law, any legal action concerning this Privacy Policy or our site must be brought within one (1) year after the claim or cause of action arises and must be brought in the State of Arizona. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient.

If any part of this Privacy Policy is deemed invalid or enforceable, the remainder of this Privacy Policy shall continue in effect. Any failure to insist upon strict enforcement of this policy shall not be construed as a waiver of any provision of right contained in this policy.

7. Your Acceptance of These Terms. By using the Site, you signify your assent to this Privacy Policy. If you do not agree to this policy, please do not use the Site. We reserve the right to change, modify, add, or remove portions of this policy at any time. If we change our privacy policy, we will post those changes on this page. Please check this page periodically for changes. Your continued use of this site following the posting of changes will signify your acceptance of those changes.

8. Contact Us. Please contact us if you have any questions or concerns about our Privacy Policy.

JumpStartRunning, LLC
jumpstartrunning@gmail.com
Scottsdale, AZ 85266

Effective Date: Monday, February 29, 2016