Last updated: October 31, 2018
These Terms of Use (“Terms”) apply to your access to and use of the website and other online products and services (collectively, our “Services”) provided by RunAdic a division of NuAge PC, LLC. (“RunAdic,” “we,” “us” or “our”). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 19, do not access or use our Services.
These Terms do not alter in any way the terms or conditions of any other agreements you may have with RunAdic for products, services or otherwise. If you have any question regarding the use of our Services, please contact us.
By using our Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (c) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
In order to access our website and Services, you need to register for an account. Registration is free. By registering for an account, you agree to (i) provide accurate, truthful, current and complete account information; (ii) maintain and promptly update your account information to maintain its accuracy and completeness; (iii) maintain the security of your account by not sharing your password with others and restricting access to your account, computer and device; (iv) promptly notify RunAdic if you discover or otherwise suspect any security breaches related to our Services or your account; and (v) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
By creating a RunAdic account, you consent to receive electronic communications from RunAdic (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in these communications.
Our Services offers tools, resources and a venue to connect runners who are seeking running companions with those seeking to provide running companion services. RunAdic: (a) does not employ, recommend or endorse any users and has no control over the acts or omissions of any users; (b) is not responsible or liable in any manner for the performance or conduct of any users or other third parties online or offline; (c) makes no representations or warranties about the quality of the services provided by any user or about your interactions or dealings with other users except as expressly stated in our Services; and (d) does not screen users or conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or on or in our Services. Regardless of whether RunAdic screens users or performs a background check, you should exercise caution and perform your own screening before connecting or meeting with any other user through our Services. RunAdic hereby expressly disclaims, and you hereby expressly release RunAdic from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions or dealings with other users, including any acts or omissions of users online or offline. All use of our Services is at your sole and exclusive risk.
Our Services may be used to help obtain or offer running companion services provided by users and to facilitate payment for such services. However, users transact solely between themselves and RunAdic is not a party to any transactions between users. RunAdic hereby expressly disclaims, and you hereby expressly release RunAdic from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between you and any other users or third parties.
You may use our Services to schedule and purchase companion running sessions. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your RunAdic account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers or changes in applicable taxes or other charges and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Companion running sessions are subject to availability, and we reserve the right to make changes to session availability through our Services without prior notice to you.
If for some emergency you had to cancel your companion running session, please contact us at info@runadic.com within two (2) days of the cancellation date and we will provide you with a full refund of the purchase price for the companion running session (unless otherwise specified during a promotion or special offer). If you do not comply with the terms of this section, you will be ineligible to receive a refund.
Unless otherwise indicated in writing by us, our Services and all content and other materials on our Services, including the RunAdic logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of RunAdic or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
Subject to these Terms, you are granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use our Services and Service Materials. However, such license is revocable at any time and does not include any right to: (a) sell or resell our Services or the Service Materials; (b) collect and use any service listings, pictures or descriptions; (c) distribute, publicly perform or publicly display any of the Service Materials; (d) modify or otherwise make any derivative uses of our Services or the Service Materials, or any portion thereof; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download any portion of our Services, the Service Materials or any information contained therein, except as expressly permitted by RunAdic in writing; or (g) use our Services or the Service Materials in violation of these Terms or for any purposes other than their intended purposes. Your right to use our Services and the Service Materials is conditioned upon your use of our Services and the Service Materials in accordance with these Terms. Accordingly, any use of the Services or the Service Materials other than as specifically authorized in these Terms, without the prior written permission of RunAdic, will automatically terminate the license granted above. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except for the license granted above, no additional rights are granted and nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Notwithstanding anything to the contrary in these Terms, our Services and the Service Materials may include software components provided by RunAdic or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify RunAdic’s Designated Agent as set forth below.
Elliott Mason
NuAge PC, LLC
RunAdic Division
1000 Ponce De Leon Blvd
Suite #308
Coral Gables, FL 33134
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by RunAdic or the alleged infringer as the result of RunAdic’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“RunAdic,” the RunAdic logos and any other product or service name or slogan contained on our Services are trademarks of RunAdic and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of RunAdic or the applicable trademark holder.
You may not use any metatags or any other hidden text utilizing “RunAdic” or any other name, trademark or product or service name of RunAdic without RunAdic’s prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of RunAdic and may not be copied, imitated or used, in whole or in part, without RunAdic’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by RunAdic.
Our Services may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and social “widgets” (collectively, “Third-Party Content”). RunAdic does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that RunAdic is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. You access and use such Third-Party Content at your own risk. The inclusion of Third-Party Content on our Services does not imply affiliation, endorsement or adoption by RunAdic of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. RunAdic is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on our Services. When you navigate away from or otherwise leave our Services, you should understand that RunAdic’s terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or services to which you navigate to from our Services.
Our Services include interactive areas and features (“Interactive Areas”) that allow you or other users to create, post, share or store text, photos, videos and other materials (collectively, “User Content"). In the event you decide to share your User Content with others through our Services or third-party platforms, you understand that this User Content will be viewable by others. You are solely responsible for your User Content and for your use of any Interactive Areas.
You will not post, upload to, transmit, distribute, store, create or otherwise publish or send through our Services any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party;
User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
User Content that contains personal information about any person, including, without limitation, names, addresses, email address or credit card information without that person’s permission;
User Content that impersonates or misrepresents your affiliation with any person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Viruses, corrupted data or other harmful, disruptive or destructive files or content; or
User Content that, in the sole judgment of RunAdic, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Services, or which may expose RunAdic or its users to any harm or liability of any type.
RunAdic does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage to such User Content. When you participate in Interactive Areas, you understand that certain User Content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of our Services and the Interactive Areas and use them at your own risk.
RunAdic claims no ownership or control over any User Content, except as otherwise expressly provided in these Terms or a separate agreement between you and RunAdic. However, if you submit or post User Content to our Services, unless RunAdic indicates otherwise, you grant RunAdic a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully-paid up, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content in any media format and channel now known or later developed without compensation to you, including in connection with RunAdic’s marketing and promotional activities. You further grant RunAdic and RunAdic’s sublicensees the right to use the name that you submit in connection with User Content, if they choose.
By submitting or posting User Content to our Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content on our Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with our Services, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.
Your use of our Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and you are solely responsible for your conduct while on our Services. You will not: Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
Attempt to indicate in any manner that you have a relationship with RunAdic or that RunAdic has endorsed you or any services for any purpose unless RunAdic has provided written permission to do so;
Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users for the purpose of sending spam or other commercial messages;
Attempt to reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Services (except as otherwise expressly permitted by law);
Access, use or attempt to access or use another's account without authorization from such user and RunAdic;
Develop any third-party application that interacts with User Content or our Services without RunAdic’s prior written consent;
Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided or authorized by RunAdic to access out Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via our Services;
Bypass or ignore instructions contained in the robots.txt file, accessible at www.RunAdic.com/robots.txt, that controls all automated access to our Services; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Separate and apart from User Content, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding our Services or RunAdic (collectively, “Feedback”). Feedback is non-confidential and will become the sole property of RunAdic. RunAdic will own, and you hereby assign to RunAdic, all right, title, and interest, including all intellectual property rights, in and to such Feedback, and RunAdic will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by RunAdic to confirm such assignment to RunAdic.
Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of these Terms. To read our privacy policy in its entirely, click here.
You will defend, indemnify and hold harmless RunAdic, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, “RunAdic Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of our Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services, including User Content.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, RunAdic does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While RunAdic attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
RunAdic and the other RunAdic Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, to the fullest extent permitted by the applicable law, even if RunAdic or the other RunAdic Parties have been advised of the possibility of such damages. The limitations of liability set for in this section will apply even if the remedies otherwise provided under these Terms, at law or in equity, fail of their essential purpose.
The total liability of RunAdic and the other RunAdic Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (a) the amount paid, if any, by you to access or use our Services or (b) $100.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of RunAdic or the other RunAdic Parties.
You assume all risks when using our Services, including all of the risks associated with interactions with other users. You agree to take all necessary precautions when interacting with other users. Further, you acknowledge and agree for yourself (which for purposes of this Agreement includes representatives, executors, administrators, successors, assigns, heirs, and next of kin) that:
(a) You are qualified, in good health, and in proper physical condition to participate in companion running sessions offered through RunAdic;
(b) Companion running sessions naturally involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death, potential property damage, and other risks of social and economic losses or any other damage, either known or not known to You or not readily foreseeable at this time (collectively, the "Risks");
(c) The Risks may be caused by Your own actions or inactions, or the actions or inactions of others;
(d) RunAdic provides suggested running routes. The particular route for running sessions will be up to the running companion. As such, You assume the risk of taking any particular route and You agree to hold RunAdic harmless for any injuries You might suffer;
(e) You understand and voluntarily accept and assume all Risks and responsibility for all Injuries, whether physical or mental, including but not limited to, injuries to Yourself in connection with the companion running sessions, including but not limited to the following:
(i) Any accidental injuries;
(ii) Injuries arising from participation in the companion running sessions;
(iii) Injuries or medical disorders resulting from companion running sessions, including but not limited to heart attacks, strokes, heart stress, sprains, broken bones, torn muscles or ligaments;
(iv) Injuries resulting from the actions taken or decisions made regarding medical or survival procedures; and
(v) Any loss, theft or damage to property.
(f) You voluntarily waive, release and discharge RunAdic (which includes, for purposes of this Agreement, its owners, members, directors, officers, employees, agents or volunteers) from any and all claims, liabilities, damages, losses (including but not limited to loss of time, loss of service and loss of income), causes of action, suits, costs, expenses, and attorneys’ fees (collectively, the "Losses"); arising out of or related to all Risks and injuries;
(g) You shall maintain health, accident and/or property insurance that is adequate to cover all of your Losses, Risks and injuries;
(h) You relinquish forever and covenant not to sue, assert or otherwise maintain any claim or cause of action against RunAdic (whether past, present or future, whether known or unknown, and whether anticipated or unanticipated) arising out of any Losses, Risks or injuries; and
(i) You will indemnify, defend and hold RunAdic harmless from any and all of your Losses, Risks and injuries.
RunAdic reserves the right to modify or discontinue, temporarily or permanently, our Services, or any features or portions thereof, without prior notice. You agree that RunAdic will not be liable for any modification, suspension or discontinuance of our Services, or any part thereof.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND CLAIMS WITH RUNADIC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
If a dispute arises between you and RunAdic, you agree to contact RunAdic first and notify us within thirty (30) days of the date it arises. It is our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and RunAdic regarding our services may be reported to customer service online through our website or in writing to Attn: Customer Complaints, NuAge PC, LLC RunAdic Division 1000 Ponce De Leon Blvd Suite #308, Coral Gables, FL 33134.
Disputes must be commenced or filed by you or RunAdic within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and RunAdic will no longer have the right to assert such claim regarding the Dispute).
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS TERMS OF USE AGREEMENT OR TO OUR SERVICES (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
THE ARBITRATION SHALL BE ADMINISTERED BY A SINGLE ARBITRATOR AND PURSUANT TO THE RULES OF, THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN MIAMI, FL WITH ALL EXPENSES BEING SHARED EQUALLY BY THE PARTIES. THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ATTORNEYS’ FEES JUDGMENT UPON ANY AAA AWARD MAY BE ENTERED INTO ANY COURT OF COMPETENT JURISDICTION.
These Terms and its performance shall be governed by the laws of the state of Florida, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of Miami-Dade County, state of Florida, United States of America, in all questions and controversies arising out of your use of this site and our Services, including all questions and controversies subject to binding arbitration. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within one (1) year from the date on which such claim or action accrued.
RunAdic reserves the right, without notice and in its sole discretion, to terminate your license to access and use our Services and to block or prevent your future access to and use of our Services.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
If any provision of these Terms will be deemed unlawful, void or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and RunAdic relating to your access to and use of our Services and your order, receipt and use of products or services made available through our site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of RunAdic. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and RunAdic’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Questions or comments about our Services may be directed to our contact page.
Powered by RunAdic Network