TERMS OF SERVICE
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 COACHING SERVICES OR TRAINING PLAN, 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 service or training plan.
RunDoyen primarily provides a platform for runners to connect with experienced running coaches 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/strength coaches (“Doyens”), scheduling tools, a video chat platform, and training log. A “Doyen,” as used in this Agreement, is an independent third-party coach that may or may not be directly affiliated with RunDoyen.
With the purchase of a coaching service or training plan, you will receive a daily plan and training log for the duration of each package.
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;
- 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.
YOU ACKNOWLEDGE THAT ANY INFORMATION PROVIDED BY DOYENS IS NOT MEDICAL ADVICE AND SHOULD NOT BE UTILIZED IN LIEU OF PROFESSIONAL MEDICAL ATTENTION.
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.
Last modified: December 19, 2017
RUNDOYEN (“We” or “Us”) respects and values your privacy and is committed to protecting it through compliance with this policy.
This policy describes the types of information We may collect from you or that you may provide when you visit the website https://www.rundoyen.com (our “Website”). This policy also describes our practices for collecting, using, protecting, and disclosing that information.
Specifically, this policy applies to information we collect:
- On our Website;
- From our running coaches (or “Doyens”); and
- In email, text, and other electronic messages between you and this Website.
This policy does not apply to information collected by:
- Us offline or through any other means; or
- Any third party, including through any application or content (including advertising) that may link to, or be accessible from, our Website.
Information We Collect and How We Collect It
We collect information from and about users of our Website, including:
- Personally identifiable information, such as your name, email address, and telephone number;
- Contents of public comments and postings on our Website;
- Records and copies of any correspondence if you contact us;
- Details of transactions and orders you carry out through our Website; and
- Details of your visits to our Website, including, but not limited to, traffic data, location data, your IP address, browser type, and automatically recorded times and dates.
We collect information:
- Directly from our users when they provide it to us by:
o Filling out forms at the time of purchasing a package; o Subscribing to our online newsletter; o Joining our mailing list; and o Posting comments.
- Through responses to surveys that we might ask our Website users to complete for research purposes;
- Through reports of any problems with our Website;
- When our users enter contests or promotions that We sponsor; and
- Automatically, as our users navigate through and interact with our Website using technologies such as cookies (or browser cookies). *
* A cookie, or browser cookie, is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies through the appropriate setting on your computer. However, then you may be unable to access certain parts of our Website.
We use Stripe to accept online payments through our Website, Acuity to manage scheduling, Final Surge to provide training logs, and Zoom for video and web conferencing. You can read the companies’ privacy policies by clicking on the appropriate hyperlink above.
Importantly, we do not control these third parties’ tracking technologies or how any information, including personal and billing information, may be used. If you have any questions about an advertisement or other targeted content, please contact the responsible provider directly.
Users may also provide information to be published or displayed (“posted”) on public areas of our Website (“User Contributions”). Any User Contributions posted on our Website is available to others at its owner’s own risk. We cannot control the actions of other users of our Website and We cannot, and do not, guarantee that your User Contributions will not be viewed by unauthorized persons.
How We Use Your Information.
We use information that we collect about you or that you provide to us, including any personally identifiable information, to:
- Present our Website and its contents to you;
- Provide you with information, products, or services that you request from us via newsletters, emails, or other communications;
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and RunDoyen, including for billing and collection; and
- Notify you about changes to our Website or any products or services we offer or provide through it.
You may send us an email at email@example.com to request access to, correct, or delete any personal information that you have provided to us.
Disclosure of Your Information.
We may disclose personal information that we collect or that you provide:
- To fulfill the purpose for which you provide it;
- To comply with any court order, law, or legal process; and
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, the safety and security of your information also depends on you. We ask you to not share your password with anyone. Please be careful about giving out information in public areas of our Website. This information may be viewed by any user of our Website.
Children Under the Age of Thirteen (13).
Our Website is not directed at children under the age of 13 and We do not knowingly collect personal information from children under 13. If We learn that We have collected or received information from a child under 13 without verification of parental consent, We will delete that information.
No one under 13 may provide any information to the Website. So, if you are under 13, please do not register or provide any information on this Website or through any of its features. This includes your name, address, telephone number, email, or any other username.
If you believe We might have any information from or about a child under 13, please contact firstname.lastname@example.org.
Website after we make any changes will indicate acceptance of those changes. Please check the policy periodically for updates. However, if we make material changes to how we treat our users’ personal information, we will notify you by email or through a notice on our Website.
By registering and participating in the RunDoyen coaching platform (the “Activity”), you agree to the following terms and conditions in this Release of Liability (this “Release”). Hereafter, you are referred to as “I”.
LIABILITY WAIVER & RELEASE
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY MAY INVOLVE CHALLENGING, STRENUOUS, AND/OR OTHERWISE DANGEROUS ACTIVITIES, AS WELL AS ACTIVITIES THAT INVOLVE SERIOUS RISKS OF BODILY INJURY OR DEATH. I RECOGNIZE THAT I MUST USE MY BEST JUDGMENT AT ALL TIMES AND THAT I HAVE NO OBLIGATION TO TAKE ANY ADVICE I AM GIVEN IN CONNECTION WITH THE ACTIVITY. I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO DETERMINE WHEN THE ACTIVITY BECOMES UNSAFE. I UNDERSTAND THAT THE DOYEN (AS DEFINED BELOW) IS NOT A MEDICAL PROFESSIONAL AND THAT I MUST SEEK MEDICAL ADVICE FOR ANY HEALTH RISKS OR INJURIES. I FURTHER ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE RISKS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY OR DEATH.
I hereby expressly waive and release all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company and its running coaches (“Doyens”), officers, directors, employees, agents, affiliates, successors, and assigns (collectively “Releasees”). This release includes any and all claims arising out of or attributable to my participation in the Activity. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims, except for intentional, willful, or wanton acts.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out or resulting from any claim from a third-party related to the Activity, including the negligence of the Company.
NOT MEDICAL ADVICE
I agree that any information provided by the Company or a Doyen is not to be construed as medical advice and I further release any claims against the Company for malpractice. If information provided by a Doyen is construed by a court as medical advice, then I agree to hold the Company harmless for the Doyen’s negligence.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties—both written and oral—with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns.
All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction). Any dispute, controversy, or claim arising out of, or relating to, this Agreement shall be settled by arbitration. Unless the parties otherwise agree, the arbitration will be administered by the Arbitration Service of Portland, Inc. (ASP) according to ASP’s rules and occur in the city of Portland. There will be one arbitrator who will be a business lawyer or have alternate qualifications that are mutually agreeable to the parties. Judgment on the arbitrator’s award may be entered in the circuit court in the county in which the arbitration occurs. The resolution of the disputed matter, as determined by the arbitrator, will be binding on the parties.
BY REGISTERING AND PARTICIPATING IN THE ACTIVITY, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.