Last updated September 11, 2019
Use of the Services
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.
Your use of the Services is subject, in our sole discretion, to termination at any time.
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.
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.
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 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.
No Medical Advice
ASICS Digital provides the Services for you to track, manage, and share your fitness activities. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. 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 DIGITAL.
BINDING ARBITRATION OF ALL DISPUTES; NO CLASS RELIEF
U.S. Residents: To the fullest extend 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 Digital arising under these Terms and Conditions will be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator will be a retired judge or justice of any Massachusetts state or federal court with substantial experience in the internet industry and will follow Massachusetts substantive law in adjudicating the dispute, except that this Section 20 will be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and ASICS Digital agree that we intend that this Section satisfies the “writing” requirement of the FAA. The hearing will be conducted in the county that encompasses the billing address you have provided to us. For any claim in which you seek U.S. $10,000.00 or less, you will have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, we will pay the costs and fees of JAMS and the arbitrator. We agree that we will not seek reimbursement from you for its costs and fees that we incur in the arbitration. AGREEMENT TO THESE TERMS AND CONDITIONS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site these Terms and Conditions then you and we agree to send a written notice to ASICS Digital 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. Your notice to us must be sent to us at ASICS firstname.lastname@example.org. For a period of 60 days from the date of receipt of notice from the other party, ASICS Digital and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or ASICS Digital to resolve the dispute on terms either you or ASICS Digital, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
Runkeeper Go Supplementary Terms and Conditions
Runkeeper Go service termination
You may terminate this Agreement at any time by canceling 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.
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.
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.
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.
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 Digital, 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 email@example.com.