Terms of Service

Last updated November 7, 2023

All sections of these Terms of Use that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, and General.

Introduction

The Runkeeper.com website and mobile application is an online mechanism for tracking, managing, and sharing all of your fitness activities. It is provided to you by ASICS Runner App, Inc. (“us” or “we” or “our” or “ASICS Runner App”), in connection with our partners, service providers, sponsors, or other affiliates. So that we may safely and responsibly manage this site for all of our users, your use of this site is subject to certain terms and conditions. The terms and conditions set forth below (“Terms of Use”) apply to your use of the services and functionality provided on or through the Runkeeper.com site and mobile application (the “Services”).

By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you are not authorized to use the Services. We may modify these Terms of Use at any time and such modification will be effective upon posting to the Services.

These Services are intended for use by individuals 18 years of age or the age of majority in such individual’s state or country of residence, whichever is older. If you are under 18 or under the legal age of majority in your state or country of residence, you affirm a parent or legal guardian consent to the Terms of Use on your behalf.

Use of the Services

The Services allow for the delivery of software, text, graphics, images, video, audio, data and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, except to utilize features of the Services that, by their nature, involve publishing or sharing of Content with the public. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.

Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Services should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

The Services may include access to links to, and content and data from, third-party websites (“External Services”). These links, content, and data are provided solely as a convenience to you and not as an endorsement, sponsorship, or recommendation by us of the content on such External Services. The content of such External Services is developed and provided by others. In addition, the Services permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.

The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof, (iii) use of web scraping, web harvesting, or web data extraction methods from Runkeeper even if the Runkeeper account owner gives permission; and (iv) any use of the Services which is unlawful or in violation of these Terms of Use.

Your use of the Services is subject, in our sole discretion, to termination at any time.’

OneASICS

In order to enjoy the Services, you are required to become a member of OneASICS. OneASICS is a free membership program which offers certain benefits and exclusive offers for the users of services provided by ASICS or its group companies. Please read more information on the OneASICS Program. You are responsible for the security of your OneASICS account and all activities that occur via your OneASICS. You agree to provide true and accurate information and to notify us in the event of any unauthorized access to your OneASICS or any changes to your account information.

User Content

The Services may now or in the future include functionality to permit the submission of Content at the direction of users of the Services (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.

You are solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our provision of the Services and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under these Terms of Use. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

Digital Millennium Copyright Act (“DMCA”) – Copyright Infringement Complaints

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) 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
(vi) 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.
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use (e.g., violations of criminal laws) is: Email: ip.us@asics.com. For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on the Services.
Online Privacy Policy
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your personal information is collected and used through the Services. Our online privacy policy is available for viewing at https://runkeeper.com/privacypolicy.

Indemnity

You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Services. We will provide notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your misuse of the Content or the Services, except to the extent any Claim is caused by or contributed to by our negligence, default or any other wrongful act or omission. We will provide notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Disclaimer of Warranty and Limitation of Liability

WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.

NEITHER WE NOR OUR AFFILIATES OR PARTNERS WILL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.

WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE WILL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, INCLUDING YOUR PARTICIPATION IN ANY ASSOCIATED SPORTING ACTIVITIES WHILE USING THE SERVICES, AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia:
Notwithstanding the above, you have certain rights under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), including f20 that the Services we provide to you will be provided with due care and skill. These Terms do not exclude or limit these guarantees or any other statutory rights that you may have under applicable laws which cannot be excluded by agreement.
Our liability for any loss or damage (however caused) with respect to the Services and the Content, is limited to the greater of:

(a) remedies available to you under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) (ACL), including, in particular, the consumer guarantees in respect of the supply of services under the ACL; or

(b) to the extent, permitted by law, a resupply of the Services; or

(c) $100.

No Medical Advice

ASICS Runner App provides the Services for you to track, manage, and share your fitness activities, and may provide additional guidance related to physical, nutritional or general well-being. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION, and are provided for informational purposes only. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. YOUR USE OF THE WEBSITE OR THE MOBILE APPLICATION DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ASICS RUNNER APP.

Disputes/Binding Arbitration/No Class Relief.

To the fullest extent permissible by law, with the exception of disputes pertaining to our intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and ASICS Runner App including, without limitation, arising under these Terms; your visit to our websites, mobile applications, or retail stores; or to any purchase, transaction, or other interaction with us (including, without limitation, claims relating our advertisements, pricing, and disclosures; email, SMS or other messages sent by us; or our collection, processing or retention of your information) (a “Dispute”) shall be resolved through binding arbitration pursuant to these exclusive dispute resolution procedures, except that you may assert claims in small claims court or seek action through government agencies.

Opt-out: You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to ASICS Runner App, Inc. at 125 Summer Street, Fl. 2, Boston, MA 02111; Attn: Legal Department (the “Notice Address”), within thirty (30) calendar days of your initial agreement to these Terms. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

Pre-Arbitration Dispute Resolution: Whenever a Dispute arises between you and ASICS Runner App, you and ASICS Runner App agree to first send a written notice to the other (a “Demand”). You must send the Demand to us via certified mail to the Notice Address. We must send the Demand to you via certified mail to the most recent address we have on file for you (or by email if we only has an email address for you on file). A Demand (1) shall seek to resolve a Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for us by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and we will personally attend (with counsel, if represented). You and ASICS Runner App agree that you and ASICS Runner App will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

Arbitration Procedure: If the Dispute stated in the Demand is not resolved to your or our satisfaction within the time periods set forth above for Pre-Arbitration Dispute Resolution and you or ASICS Runner App intend on taking legal action, you and ASICS Runner App agree that you or ASICS Runner App shall file a demand for arbitration with National Arbitration & Mediation (“NAM”) (https://www.namadr.com/). The arbitration will be conducted by a single arbitrator with NAM under its Comprehensive Dispute Resolution Procedures and Rules then in effect subject to the Mass Arbitration provisions below. You or ASICS Runner App may choose to have the arbitration based only on written submissions or to attend in-person, by telephone or video conference. The arbitration will be kept confidential except as may lawfully be required.

Payment of all fees will be governed by the NAM rules. Either you or ASICS Runner App may seek attorneys’ fees and costs in arbitration if the arbitrator determines the claims are frivolous. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION unless the Mass Arbitration provisions set forth below are triggered. NEITHER YOU NOR ASICS RUNNER APP MAY ACT AS A PRIVATE ATTORNEY GENERAL OR CLASS REPRESENTATIVE, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE OR CLAIM.

Mass Arbitration: If, at any time, 25 or more claimants submit demands or seek to file demands for arbitration raising similar Disputes against Race Roster, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules” then in effect, available at https://www.namadr.com/resources/rules-fees-forms/) such as where representation of the claimants is the same, consistent or coordinated across the cases, the NAM Mass Filing Rules in effect at the time such demand is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of your dispute might be delayed.

Stage One: Counsel for the claimants and counsel for ASICS Runner App shall each select 5 claims per side and the NAM Procedural Arbitrator will randomly select 15 claims (25 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge ASICS Runner App will pay the mediator’s fee. The pendency of any appeal shall not delay this global mediation.

Stage Two: If the remaining claims are not resolved after the global mediation in Stage One, then counsel for the claimants and counsel for ASICS Runner App shall each select 10 claims per side and the NAM Procedural Arbitrator will randomly select 30 claims (50 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they proceed in arbitration proceedings as part of a staged process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and ASICS Runner App will pay the mediator’s fee. The pendency of any appeal shall not delay this global mediation.

If your Claim is not resolved as part of the staged process identified above, either:

Option One: You and ASICS Runner App may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms on an individual basis (not a class or consolidated basis). You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 2 including its mediation. ASICS Runner App may opt your claim out of arbitration by sending a notice signed by an authorized ASICS Runner App representative of ASICS Runner App’s intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree in writing to adjust these deadlines.

OR

Option Two: If neither you nor ASICS Runner App elect to have your claim heard in court consistent with Option One, then you agree that your claim will be batched by the NAM Procedural Arbitrator into groups of 500 claimants, to be filed and to proceed in separate consolidated arbitrations, subject to any procedural changes the parties agreed to in writing. Each of these consolidated arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Either party may appeal a decision/award rendered in a consolidated arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin any lawsuit and the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. You and ASICS Runner App agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and ASICS Runner App acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. You and ASICS Runner App further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose. If the staging process of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the remaining claims shall be subject to Option One or Option Two above as selected by you or ASICS Runner App. If the Mass Filing provisions apply to your claim, and a court of competent jurisdiction determines that the Mass Filing provisions are not enforceable as to your claim, then your claim will proceed in a court of competent jurisdiction on an individual basis (not a class or consolidated basis).

In the event of an exercise of an opt out of binding arbitration as provided above, all such Disputes shall be exclusively brought in the applicable state or federal courts of Suffolk County, Massachusetts. You agree and consent to waive all defenses of lack of personal jurisdiction and forum non conveniens (i.e., inconvenient forum) with respect to venue and jurisdiction in the state and federal courts of Suffolk County, Massachusetts. You consent to exclusive jurisdiction and venue in these courts.

You agree that any and all claims be brought by you within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia:
If any controversy, allegation, or claim (including any non-contractual claim) arises out of these TOS then you and we agree to send a written notice to ASICS Runner App providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section. For a period of 60 days from the date of receipt of notice from the other party, ASICS Runner App and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or ASICS Runner App to resolve the dispute on terms either you or ASICS Runner App, in each of our sole discretion, are uncomfortable with. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.

This Section of these Terms will survive the termination of the relationship with you and ASICS Runner App.

General

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. Any alleged claim or cause of action you may have with respect to your use of the Site must be commenced within 1 year after the alleged claim or cause of action arises. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms of Use, which will remain in full force and effect. All sections of these Terms of Use that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, and General. Failure by us to act on or enforce any provision of the Terms of Use will not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver will be effective against us unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia:
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of law provisions. For any claim or cause of action you may have in respect of your use of the Site in which your claim is in excess of $20,000 USD, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. Any alleged claim or cause of action you may have with respect to your use of the Site must be commenced within 1 year after the alleged claim or cause of action arises. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms of Use, which will remain in full force and effect. All sections of these Terms of Use that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, and General. Failure by us to act on or enforce any provision of the Terms of Use will not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver will be effective against us unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. The section headings are provided merely for convenience and will not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Runkeeper Go Supplementary Terms and Conditions

The Services may also include access to certain optional features and services for reporting and managing fitness data (the “Runkeeper Go”). The Runkeeper Go service is a collection of premium services that are available only under these Supplementary Terms and Conditions in addition to the Terms of Use (collectively, the “Agreement”) and subject to your payment of the fees referenced below. By signing up for the Runkeeper Go service through your account settings page, you acknowledge and agree to the terms and conditions in this Agreement.

Runkeeper Go service Termination

You may terminate this Agreement at any time by cancelling your subscription through your accounts settings page. There are no refunds for any fees paid.

YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR SERVICE AND THIS AGREEMENT NOR FOR ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR SERVICE AND THIS AGREEMENT.

We may terminate this Agreement, disable your account, and/or put your account on inactive status, in each case at any time with reasonable cause or violation to these terms of service agreement, and with or without notice. We will have no liability to you or any third party because of such termination or action.
If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: We may terminate this Agreement, disable your account, and/or put your account on inactive status, where you have violated the terms of this Agreement.
We may also terminate this Agreement for any other reason or no reason on 7 days’ notice.

We will refund any fees which you have paid but not received the benefit of.

Fees for the Runkeeper Go monthly service

If you opt to sign up for the Runkeeper Go service monthly subscription plan, you will be subject to monthly subscription fees in accordance with the Fee Schedule and related information (the “Fee Schedule”). You will be required to submit payment monthly in advance for access to the Runkeeper Go service. Access to the Runkeeper Go service will be disabled until payment is received. Fees will be billed monthly on an ongoing and recurring basis even if you are not actively using the Runkeeper Go service.

Fees for the Runkeeper Go annual service

If you opt to sign up for the Runkeeper Go service annual subscription plan you will be subject to annual subscription fees in accordance with the Fee Schedule and related information (the “Fee Schedule”). You will be required to submit payment annually in advance for access to the Runkeeper Go service. Access to the Runkeeper Go service will be disabled until payment is received. Fees will be billed annually on an ongoing and recurring basis even if you are not actively using the Runkeeper Go service.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: If you opt to sign up for the Runkeeper Go service annual subscription plan you will be subject to annual subscription fees in accordance with the Fee Schedule and related information (the “Fee Schedule”). Prior to the expiration of your annual plan you will need to confirm a renewal of your subscription for a further 12 month period. Access to the Runkeeper Go service will be disabled until your payment is received.

Fee Schedule; Discounts.

You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. The Fee Schedule, including subscriber or any discounts, is subject to change at any time in our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule.

If you are using the Services in Australia or if you are outside of Australia and are an Australian citizen or person ordinarily resident within Australia: We will notify you of any changes to the Fee Schedule and applicable discounts at least 15 days prior to the implementation of these changes.

Payment.

Payment for the Runkeeper Go service will be made by a valid credit card or Paypal® accounts accepted by us. Fees are payable in U.S. dollars. You hereby authorize us to charge your credit card for such amounts on a regular monthly or yearly basis beginning at the beginning of your subscription and continuing until such time as your account is terminated. If we are for any reason unable to effect automatic payment via your credit card, we will attempt to notify you via email and your subscription will be disabled until payment is received. Amounts paid for the Runkeeper Go service, including prepayments, are not refundable.

Fee Schedule

Your Fee Schedule is located in the Subscriptions tab in the account settings under “billing dates”. The Fee Schedule displays the estimated next billing date and amount for your FitnessReport service will be displayed.

Runkeeper Go Gifting

Gifts will be redeemable for seven years from the date at which they were purchased. Gift Cards do not assess any service fees for non-use. To obtain your balance on a Gift Card, please visit support.runkeeper.com. Gift Cards can only be used online at https://runkeeper.com/go. Gift Cards will not be replaced or refunded if lost or stolen. ASICS Runner App, Inc. and its affiliates are not responsible for lost Gift Cards. Gift Cards will not be returnable or exchangeable for cash, except in states where required by law. Coupons and other discounts may not be used to purchase Gift Cards. For additional questions, please contact support@runkeeper.com.