This Terms of Service (this “Agreement”) applies to all services and products (the “Services”) provided by Doyen, Inc. (“RunDoyen”). Please read this Agreement carefully before registering.
BY PURCHASING A VIDEO SESSION OR TRAINING PLAN, OR REGISTERING FOR THE COMMUNITY FORUM 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 THE PURCHASE OR REGISTRATION.
The effective date of this Agreement is the date you purchase a video session or training plan.
RunDoyen primarily provides a platform for aspiring runners to connect with experienced running coaches, athletes and professionals. The Services are offered in packages specified on our website, which may be updated from time-to-time. RunDoyen facilitates the Services by providing running, nutrition and rehabilitation coaches (“Doyens”), scheduling tools, a video chat platform, training logs, and a community message board forum. A “Doyen,” as used in this Agreement, is an independent third-party running coach that may or may not be directly affiliated with RunDoyen.
With the purchase of a training plan, you will receive a daily plan and training log for the duration of each package. The plan will commence the day after your first video chat with your Doyen. Each package will include a personalized code with vouchers for 30-minute video sessions (up to 4 per month), which can be scheduled on your Doyen’s calendar at your convenience, subject to availability. For best results, it is recommended that you try to use one 30-minute session per week.
You are responsible for:
- completing the registration process accurately by providing all the required information;
- continuing to utilize medical professionals as you normally would;
- immediately seeking professional medical attention if you experience illness or medical complications;
- providing accurate payment information;
- making best efforts to maintain scheduling commitments;
- communicating honestly and truthfully with your Doyen;
- disclosing any relevant information to your Doyen, including injuries, food allergies, or medical information to your Doyen;
- scheduling all video chat sessions on your Doyen’s calendar;
- ensuring that all activity occurring under your account abides by all local, state, national and foreign laws;
- immediately reporting to RunDoyen any unauthorized use of any account or any other known or suspected breach of security; and
- immediately reporting and using reasonable efforts to stop any copying or distribution of the Services or their related technology, known or suspected.
You agree NOT to:
- push your body outside what would normally be considered safe;
- initiate discussion of any topics with your Doyen that relate to politics, sex, or religion;
- use vulgar or offensive language when communicating with your Doyen or posting in forums;
- ask personal questions of your Doyen that are not already generally known in the public;
- impersonate another user or provide false identification information to gain access to or use the Services;
- 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);
- modify or make derivative works based upon the Services;
- disassemble, reverse engineer, analyze, decompile, 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 RunDoyen 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, without the expressed written consent of RunDoyen;
- collect or harvest any personally identifiable information, including account names, from RunDoyen or the Services, without the expressed written consent of RunDoyen;
- send email spam or otherwise duplicative or unsolicited messages in violation of applicable CAN-SPAM laws;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious 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 the 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.
For any video chat sessions, you will provide your Doyen with your undivided attention. You acknowledge that each Doyen may offer different opinions, perspectives, or training philosophies since each is drawing from their own personal experiences.
Within your initial confirmation email, you may cancel up to 12 hours prior to your sessions without any penalty and will be entitled to one reschedule per canceled session. RunDoyen and your Doyens reserve the right to cancel any session at any time. You will be able to reschedule if RunDoyen or a Doyen cancels a session. If a Doyen does not show for their scheduled video chat, then we will issue you a voucher for a free session or a full refund, whichever your preference.
If a session is terminated due to a violation of this Agreement, you will not be entitled to a refund or reschedule.
YOU ACKNOWLEDGE THAT ANY INFORMATION PROVIDED BY DOYENS IS NOT MEDICAL ADVICE AND SHOULD NOT BE UTILIZED IN LIEU OF PROFESSIONAL MEDICAL ATTENTION.
All posts should be constructive in nature. Criticizing, ridiculing or unsubstantiated allegations are not allowed and will be removed. Not all posts need to be related to running, but will be removed if they become a distraction to the topic of conversation. All users must have a valid account that is tied to their personal identity.
The Services must be paid for by credit card in advance when purchasing.
RunDoyen reserves the right to refuse your registration, cancel your account, or terminate the Services if we deem it inappropriate or if you violate the terms of this Agreement.
CANCELLATIONS & REFUNDS
Once a package is purchased, it is not cancellable or 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 RunDoyen. Any work product and deliverables related to the Services, including methods, processes, notes, designs, curriculum, forms, or other documents belong to RunDoyen. Any intellectual property and information, such as feedback, advice, information, ideas, or designs that you give to RunDoyen will belong to RunDoyen and you will receive no compensation for such information. All rights not expressly granted to you in this Agreement are reserved by RunDoyen.
RunDoyen retains the right to:
- make updates, changes, or improvements to the Services as needed;
- access your account to make updates, changes, or improvements to the Services, as needed;
- disclose, discuss, or otherwise divulge any information provided by you within the Services to your Doyen; and
- access your account by proxy login in order to investigate any complaints or problems that your account may be causing that may be impeding the Services.
RunDoyen represents and warrants that it will provide the Services in a manner consistent with general industry standards. RunDoyen 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 RunDoyen’s sole obligation in the event of any warranty claim shall be for RunDoyen to remedy the Services or provide a voucher for replacement Services.
RunDoyen 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 RunDoyen 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.
RunDoyen 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, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY RUNDOYEN.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL RUNDOYEN’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. YOU AGREE TO THE RUNDOYEN LIABILITY WAIVER AND RELEASE LOCATED AT: WWW.RUNDOYEN.COM/TERMS/LIABILITY-WAIVER-RELEASE.
RunDoyen may make changes to this Agreement at any time with or without notice to you. Any changes will be published to www.rundoyen.com/terms. 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 Oregon 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. Unless the parties otherwise agree, the arbitration will be administered by the Arbitration Service of Portland, Inc. (ASP) in accordance with ASP’s rules. 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 Portland, Oregon.