Terms of Services
run2geo Terms of Service
April 25, 2016
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH RUN2GEO,
LLC OFFERS YOU ACCESS TO THE RUN2GEO APPLICATION AND WEBSITE.
Welcome to the user agreement (the “Agreement” or “User Agreement” or “Terms of Service”) for
run2geo (the “run2geo Platform”), a website and application owned and operated by run2geo, LLC, a
Delaware limited liability company. This Agreement is a legally binding agreement made between you
(“You,” “Your,” or “Yourself”) and run2geo, LLC (“run2geo “, “We”, “Us” or “Our”).
Run2geo is willing to license, not sell, the run2geo Platform to You only upon the condition that You
accept all the terms contained in this Agreement. By signing up with or by using the run2geo Platform,
You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the
terms of this Agreement, then run2geo is unwilling to license the run2geo Platform to You.
This paragraph applies to any version of the run2geo Platform that you acquire from the Apple App
Store or Google Play. This Agreement is entered into between You and run2geo. Neither Apple, Inc.
(“Apple”) nor Google Inc. (“Google”) are a party to this Agreement and shall have no obligations with
respect to the run2geo Platform. Run2geo, not Apple or Google, is solely responsible for the run2geo
Platform and the content thereof as set forth hereunder. However, Apple and Google and their
respective subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this
Agreement, Apple and Google shall each have the right (and will be deemed to have accepted the right)
to enforce this Agreement against You as a third party beneficiary thereof.
The run2geo Platform provides various resources to enable creation of an online social network,
facilitate organization of groups and allowing posting of athletic statistics and other informative content.
For purposes of this Agreement these services shall collectively be defined as the “Services”. This
Agreement describes the terms and conditions that will govern Your use of and participation in the
Please read this Agreement carefully before using the Services. You must read, agree with and accept all
of the terms and conditions contained in this Agreement, which includes those terms and conditions
expressly set out below and those incorporated by reference, before You use any of the Services. By
using any of the Services, You become a Participant in run2geo and a User of Services available on the
run2geo Platform (“Participant” or “User”) and You agree to be bound by the terms and conditions of
this Agreement with respect to such Services. You further agree that it is Your sole responsibility to stay
apprised of any updates to the terms and conditions for use of the run2geo Platform and to be bound by
any updated terms conditions that may subsequently be placed on the run2geo Platform.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE
DO NOT USE OR ACCESS THE RUN2GEO PLATFORM OR REGISTER FOR THE SERVICES PROVIDED ON THE
RUN2GEO PLATFORM. We may amend this Agreement at any time by posting the amended terms on
the run2geo Platform. In the event that We post amended terms and conditions on the run2geo
Platform, Your continued use of the run2geo Platform constitutes acceptance of the updated terms and
conditions. Except as stated below, all amended terms shall automatically be effective at the date and
time that they are posted on the run2geo Platform. This Agreement may not be otherwise amended
except in writing signed by You and run2geo.
Notice for Amateur Athletes
YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF OR PARTICIPATION IN THE ACTIVITIES OF
THE RUN2GEO PLATFORM DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE
CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. RUN2GEO
IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE RUN2GEO PLATFORM RESULTING IN YOUR
INELIGIBILITY AS AN AMATEUR ATHLETE.
Physical Activity Notice
The run2geo Platform may include features that promote physical activity. Consider the risks involved
and consult with Your medical professional before engaging in any physical activity. You acknowledge
that participation in any physical activity is at Your own risk and that run2geo is not responsible or liable
for any injuries or damages You may sustain that result from Your use of, or inability to use, the features
of the run2geo Platform.
Your privacy is very important to us. We do not sell or rent Your Information to third parties for their
marketing purposes without Your explicit consent and We only use Your information as described in the
you agree to discontinue use of the Services and close your account with run2geo.
Sharing Your Content and Information
You own all of the content and information you post on run2geo, and you can control how it is shared
through your personalized application settings. In addition:
1. For content that is covered by intellectual property rights, such as photos and videos (“IP content”),
you specifically give us the following permission, subject to your application settings: you grant us a
non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content
that you upload onto the run2geo Platform. This license ends when you delete your IP content or
your run2geo account unless your content has been shared with others, and they have not deleted
2. When you delete IP content, it will not be visible to other users on the run2geo Platform. However,
you understand that removed content may remain in backup copies on Our servers for a reasonable
period of time.
3. When you use the mobile application, the application may ask for your permission to access your
content and information as well as content and information that others have shared with you. We
require applications to respect your privacy, and your agreement with that application will control
how the application can use, store, and transfer that content and information.
4. When You upload content or information to the run2geo Platform without restricting which users
may have access to such information, You may be allowing everyone, including people not on the
run2geo Platform, to access that information and to associate it with You.
5. We appreciate Your feedback or suggestions about run2geo and the run2geo Platform. However,
You understand that We may use your feedback or suggestions without any obligation to
compensate you for them.
You agree that You will use the Services in a manner consistent with any and all applicable laws and
regulations. We reserve the right, but are not obligated to investigate and terminate Your participation
in the run2geo Platform if You have misused the run2geo Platform or the Services, or behaved in a way
which could be regarded as inappropriate or whose conduct is unlawful or illegal.
1. With respect to Your participation on the run2geo Platform or through the Services, You agree that
You will not:
- Provide any false personal information on the run2geo Platform, or create an account for
anyone other than yourself without permission;
- Create more than one personal account;
- Impersonate any person or entity;
- If We disable your account, you will not create another one without Our permission;
- Share your password, let anyone else access your account, or do anything else that might
jeopardize the security of your account;
- Post anyone’s identification documents or sensitive financial information on the run2geo
- “Stalk” or otherwise harass any person;
- Express or imply that any statements You make are endorsed by Us, without Our specific prior
- Attempt in any manner or by any means to retrieve, index, “data mine”, or reproduce or
circumvent the navigational structure or presentation of the Services or its contents;
- Infringe in any way (whether through posting, distributing, reproducing or otherwise) on any
copyrighted material, trademarks, or other proprietary information without obtaining the prior
consent of the owner of such proprietary rights;
- Post, email or otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
- “Mirror” or “frame” any part of the Service, without Our prior written authorization or use meta
tags or code or other devices containing any reference to Us or the Services or the run2geo
Platform in order to direct any person to any other web site for any purpose; or
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise
disassemble any portion of the Services or any software used on or for the Services or cause
others to do so.
2. You further agree that Your Information and Your interactions on the run2geo Platform shall not:
- Be false, inaccurate or misleading (directly or by omission or failure to update profile
- Infringe any third party’s rights, including but not limited to: intellectual property rights,
copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or
- Violate any law, statute, ordinance or regulation;
- Be defamatory, trade libelous, abusive, obscene, profane, offensive, threatening, harassing,
sexually or racially offensive; or
- Contain any offensive or sexually suggestive or connotative language, or any offensive or
anatomical or sexual references; or
- You further agree that You will not transfer, use, or sell Your run2geo account and/or ID to any
- Arbitration does not limit or affect the legal claims you may bring against run2geo. Agreeing to
arbitration only affects where any such claims may be brought and how they will be resolved.
- Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge,
or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using
the process set forth herein. Other arbitration rules and procedures are also set forth herein.
- Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances
presented, you will be required to split the cost of any arbitration with run2geo.
- IMPORTANT: This arbitration provision will require you to resolve any claim that you may have against
run2geo on an individual basis pursuant to the terms of the Agreement unless you choose to opt out
of the arbitration provision. This provision will preclude you from bringing any class, collective, or
representative action against run2geo. It also precludes you from participating in or recovering relief
under any current or future class, collective, or representative action brought against run2geo by
We reserve the right, but We have no obligation, to reject any Participant or remove any user content
that we believe does not comply with these prohibitions.
Interaction With Other Users
You are solely responsible for your interactions with other people, whether online or in person. Run2geo
is not responsible or liable for any loss or damage or injury resulting from any interaction with other
users of the run2geo Platform, persons you meet through the run2geo Platform, or persons who find
you because of information posted on, by or through the run2geo Platform. You agree to take
reasonable precautions in all interactions with other users of the run2geo Platform, and conduct any
necessary investigation before meeting another person.
Mobile and Other Devices
1. We currently provide Our mobile services for free, but please be aware that your carrier’s normal
rates and fees, such as text messaging and data charges, will still apply.
2. In the event You change or deactivate Your mobile telephone number, You will update your account
information on the run2geo Platform within 72 hours to ensure that your messages are not sent to
the person who acquires your old number.
3. You provide consent and all rights necessary to enable users to sync (including through a mobile
application) their devices with any information that is visible to them on the run2geo Platform.
With the exception of paid advertisers and registration for events, run2geo will not ask You for payment
for any of the Services or for use of the run2geo Platform. In the event you register for an event through
the run2geo Platform, registration is nonrefundable and may be subject to a processing fee.
Run2geo owns and retains ownership in the run2geo Platform, and all intellectual property therein.
Contingent upon Your compliance with the terms and conditions of this Agreement, run2geo hereby
grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the
run2geo Platform on
1. any Android device that You own or control;
2. any iPhone, iPod touch or iPad that You own or control and as permitted by the Usage Rules set
forth in Section 9b. of the Apple App Sore Terms and Conditions (the “Usage Rules”); and/or
3. any computer (whether “PC” or “Mac”) or other device You own or control.
This license does not allow You to use the run2geo Platform on any Android device, iPod touch, iPhone
or iPad that You do not own or control, and You may not distribute or make the run2geo Platform
available over a network where it could be used by multiple devices at the same time. You may not rent,
lease, lend, sell, redistribute or sublicense the run2geo Platform. You may not copy (except as expressly
permitted by this license), reverse engineer, disassemble, attempt to derive the source code of, modify,
or create derivative works of the run2geo Platform, any updates, or any part thereof (except as and only
to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a
violation of the rights of run2geo and its licensors. If You breach this restriction, You may be subject to
prosecution and damages. The terms of the license will govern any upgrades provided by run2geo that
replace and/or supplement the run2geo Platform, unless such upgrade is accompanied by a separate
license in which case the terms of that license will govern.
You warrant and represent to Us that Your Information is posted by You and that You are the sole
author of Your Information. To enable the run2geo Platform to use Your Information without violating
any rights You might have in such information, You automatically grant, and You represent and warrant
that You have the right to grant, to Us and other Participants, a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights
You have in Your Information and Your Content, and to use, copy, perform, display and distribute such
information and content and to prepare derivative works of, or incorporate into other works, such
information and content, in any media now known or not currently known, with respect to Your
You may remove Your Content or Your Information from the run2geo Platform at any time. If You
choose to remove Your Content or Your Information, the license granted above will automatically
expire, however You acknowledge that run2geo may retain archived copies of Your Content. Run2geo
does not assert any ownership over Your Content; rather, as between Us and You, subject to the rights
granted to Us in these Terms of Service, You retain full ownership of all of Your Content and any
intellectual property rights or other proprietary rights associated with Your Content. In addition, other
Participants may post copyrighted information on the run2geo Platform, which has copyright protection
whether or not it is identified as copyrighted. Except for that information which is in the public domain
or for which You have been given permission, You will not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information to any person or entity for any reason without
written authorization of the owner of such copyright.
Neither run2geo, nor any of its content providers, guarantees the availability, accuracy, completeness,
reliability, or timeliness of location data displayed by the Services. Any of Your Information, including
geolocation data, You upload, provide, or post on the run2geo Platform may be accessible to certain
Users of the run2geo Platform. We cannot verify or guarantee the accuracy of the information Users
provide to Us on the run2geo Platform, and We do not control the information provided by other Users
that is made available through Our system. Therefore, run2geo cannot and does not confirm each User’s
purported identity. You may find other User’s information to be offensive, harmful, inaccurate, or
deceptive. Please use caution and common sense when using the run2geo Platform. Please note that
there are also risks of dealing with underage persons or people acting under false pretense. By using the
run2geo Platform, You agree to accept such risks and run2geo is not responsible for the acts or
omissions of users on the run2geo Platform. In order to help You evaluate with whom You are dealing,
run2geo can link to a User’s Facebook.com or Twitter.com profile if they supply Us with their
Facebook.com or Twitter.com account information.
run2geo Email and Text Communications
Email communications and text messages sent from Us or through Us are designed to make Your
run2geo experience more efficient. By becoming a user of the run2geo Platform, You specifically agree
to accept and consent to receiving email communications and text messages initiated from Us or
through Us, which include, without limitation: message notification emails or text messages, emails
informing You of promotions We run and emails informing You of new and existing features We provide.
Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send.
If You change Your mobile phone service provider, the notification service may be deactivated for Your
phone number and You may need to re-enroll in the notification service. Run2geo reserves the right to
cancel the notification service at any time. Except as provided by the opt-out section of the Privacy
Policy, if You decide you do not wish to receive any of our email communications or text messages, you
agree to discontinue use of the Services.
Advertisements and Other Commercial Content
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our
users and advertisers. In order to provide more valuable advertising to Our users, We may search Your
uploaded content. You acknowledge that We do not give your content or personal information to
advertisers without your consent. Additionally, you understand that we may not always identify paid
services and communications as such.
All intellectual property rights on the run2geo Platform and in the Services shall be owned by Us
absolutely and in their entirety. These rights include but are not limited to database rights, copyright,
design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and
other similar rights wherever existing in the world together with the right to apply for protection of the
same. All other trademarks, logos, service marks, company or product names set forth in the run2geo
Platform are the property of their respective owners. You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback or other information about the run2geo Platform or the
Services (“Submissions”) provided by You to Us are non-confidential and shall become the sole property
of run2geo. Run2geo shall own exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or
otherwise, without acknowledgment or compensation to You.
Copyright Complaints and Copyright Agent
Run2geo respects the intellectual property of others, and expects Users to do the same. If You believe,
in good faith, that any materials on the Services infringe upon Your copyrights, please send the following
information to run2geo’s Copyright Agent at run2geo, LLC via electronic communication at
1. Your full name, address, telephone number, and e-mail address;
2. A description of the copyrighted work that You claim has been infringed, including specific location
on the Services where the material You claim is infringed is located. Include enough information to
allow run2geo to locate the material, and explain why You think an infringement has taken place;
3. A description of the location where the original or an authorized copy of the copyrighted work exists
– for example, the URL (Internet address) where it is posted or the name of the book in which it has
4. A statement by You that You have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
5. A statement by You, made under penalty of perjury, that the information in Your notice is accurate,
and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and
6. An electronic or physical signature of the owner of the copyright or the person authorized to act on
behalf of the owner of the copyright interest.
You agree to indemnify, defend, and hold Us and Our officers, directors, employees, agents, affiliates
and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable
attorneys’ fees), without regard to the negligence of any third party, including any indemnified person
or entity, relating to or arising out of Your use of the Service, including:
1. Your breach of this Agreement or any of your representations or warranties made under this
2. Your violation of any law or the rights of a third party, including, without limitation, other Users, as a
result of Your own interaction with such third party or parties;
3. Any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe
or otherwise violate the copyright, trademark, trade secret or other intellectual property or other
rights of any third party;
4. Any other of Your activities in connection with the Services.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the
Services, but not directly by Us are those of their respective authors, and should not necessarily be
relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy,
completeness, or usefulness of any information on the Services and neither do We adopt nor endorse
nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by
parties other than Us. Under no circumstances will We be responsible for any loss or damage resulting
from anyone’s reliance on information or other content posted on the Services, or transmitted to
participants. We reserve the right, but We have no obligation, to monitor the materials posted in the
public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of
the photos, profiles (including Your name, image, and likeness), messages, notes, text, information,
music, video, advertisements, listings, and other content (the “Content”) that You post in the public
areas of the Services and in Your private e-mail and/or text messages. We shall have the right to remove
any such material that in Our sole opinion violates, or is alleged to violate, the law or this Agreement or
which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users
or others. E-mails sent between You and other participants that are not readily accessible to the general
public will be treated by Us as private to the extent required by applicable law.
The run2geo Platform may contain (or You may be sent through the run2geo Platform or the Services)
links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software and other content or items belonging
to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third
Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked
for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party
Sites accessed through the run2geo Platform or any Third Party Applications, Software or Content
posted on, available through or installed from the run2geo Platform, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party
Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use
or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply
approval or endorsement thereof by Us. If You decide to leave the run2geo Platform and access the
Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your
own risk and You should be aware that Our terms and policies no longer govern.
We, Our subsidiaries, officers, directors, employees and suppliers provide the run2geo Platform and the
Services on an “as is” basis and without any warranty or condition, express, implied or statutory. We do
not guarantee and do not promise any specific results from use of the run2geo Platform and/or the
Services. We, Our subsidiaries, officers, directors, employees and suppliers specifically disclaim any
implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some
states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to
You and You may also have other legal rights that vary from state to state. We do not warrant that Your
use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available,
or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that
the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty
is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the
required minimum age, nor do We accept responsibility or liability for any content, communication or
other use or access of the run2geo Platform or the Services by persons under the age of 18 in violation
of this Agreement. We are not responsible or liable in any manner for any Content posted on the
run2geo Platform or in connection with the Service, whether posted or caused by Users of the run2geo
Platform, by run2geo, by third parties or by any of the equipment or programming associated with or
utilized in the run2geo Platform or the Services. Although We provide rules for User conduct and
postings, We do not control, verify, or monitor and are not responsible for what Users post, transmit or
share on the run2geo Platform and are not responsible for any offensive, inappropriate, obscene,
unlawful or otherwise objectionable content You may encounter on the run2geo Platform or in
connection with any Content. Run2geo is not responsible for the conduct, whether online or offline, of
any user of the run2geo Platform or Services. It also is possible for others to obtain personal information
about You due to Your use of the run2geo Platform or the Services, and that the recipient may use such
information to harass or injure You. We are not responsible for the use of any personal information that
You disclose on the run2geo Platform or through the Services.
You are solely responsible for Your interactions with other Users. We reserve the right, but have no
obligation, to monitor disputes between You and other Users. Please carefully select the type of
information that You post on the run2geo Platform or through the Services or release to others. We
disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or
Users (including unauthorized users, or “hackers”).
The run2geo Platform and the Services may be temporarily unavailable from time to time for
maintenance or other reasons. Run2geo assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, User communications. Run2geo is not responsible for any
technical malfunction or other problems of any telephone network or service, computer systems,
servers or providers, computer or mobile phone equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet, on the run2geo Platform, on any
web site or any combination thereof, including injury or damage to User’s or to any other person’s
computer, mobile phone, or other hardware or software, related to or resulting from using or
downloading materials in connection with the Web and/or in connection with the Services.
Limitation of Liability
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE
LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO
STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES,
SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT
OF OR IN CONNECTION WITH RUN2GEO, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING,
INCLUDING THROUGH NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT SCREEN THE PARTICIPANTS
USING THE SERVICES IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT,
INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF RUN2GEO OR THE
SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING
AND/OR MEETING WITH OTHER PARTICIPANTS OF RUN2GEO OR THE SERVICES, OR INTRODUCED TO
YOU VIA RUN2GEO OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL
DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE
LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY
THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.00. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Run2geo has no responsibility whatsoever for the actions or conduct of its Users. Run2geo has no
obligation to intervene in or be involved in any way in disputes that may arise between Users, or third
parties, however they may arise. Responsibility for the decisions you make regarding participation in the
Services rests solely with You. It is each User’s responsibility to take reasonable precautions in all actions
and interactions with any party they may interact with through use of the Services. Run2geo may but
has no responsibility to screen or otherwise evaluate potential Users. Users understand and accept that
run2geo has no control over the identity or actions of the other Users, and run2geo requests that users
exercise caution and good judgment when using the Services. All Users use the services at their own risk.
Because we do not supervise, oversee or control the interactions among or between users and other
persons or companies, and because we cannot guarantee the true identity, age, nationality of users of
the run2geo Platform, and because we have very limited control, if any, over the quality, safety,
morality, legality, truthfulness or accuracy of various aspects of the run2geo Platform, You agree that
You bear all risk and You agree to release us (and our officers, directors, shareholders, agents,
employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual
and consequential) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use
of the run2geo Platform, Your transactions with third parties, and/or Our resolution of any disputes
among users. You agree to waive all rights and benefits under California Civil Code Section 1542 (or any
analogous law of any state in which you are using the Services), which says: “A general release does not
extend to claims which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which, if known by him must have materially affected his settlement with the
Termination for Breach
Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn
Our community of Your actions, issue a warning, and refuse to provide Our services to You if:
1. You breach this Agreement or the documents it incorporates by reference;
2. We are unable to verify or authenticate any information You provide to Us;
3. We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or
third parties or subject run2geo or You or any other User to regulation by any state or local
government or regulatory agency; or
4. We suspect that You have engaged in fraudulent activity in connection with the run2geo Platform or
Agreement to Arbitrate All Disputes and Legal Claims
Important Note Regarding this Section:
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO
MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT
AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF
ABRITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO
CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE
CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT
BUSINESS OR LIFE DECISION.
1. How This Arbitration Provision Applies.
This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”)
and evidences a transaction involving commerce. This Arbitration Provision applies to any dispute
arising out of or related to this Agreement or termination of the Agreement and survives after the
Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent
or excuse You from utilizing any procedure for resolution of complaints established in this
Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the
utilization of such procedures.
Except as otherwise provided, this Arbitration Provision is intended to apply to the resolution of
disputes that otherwise would be resolved in a court of law or before a forum other than
arbitration. This Arbitration Provision requires all such disputes to be resolved only by an arbitrator
through final and binding arbitration on an individual basis only and not by way of court or jury trial,
or by way of class, collective, or representative action.
Such disputes include without limitation disputes arising out of or relating to interpretation or
application of this Arbitration Provision, including the enforceability, revocability or validity of the
Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by
an Arbitrator and not by a court or judge.
Except as otherwise provided, this Arbitration Provision also applies, without limitation, to disputes
arising out of or related to this Agreement and disputes arising out of or related to Your relationship
with run2geo, including termination of the relationship. This Arbitration Provision also applies,
without limitation, to disputes regarding any city, county, state or federal wage-hour law, trade
secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement,
termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of
1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave
Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for
employee benefits under any benefit plan sponsored by run2geo and covered by the Employee
Retirement Income Security Act of 1974 or funded by insurance), Genetic Information NonDiscrimination
Act, and state statutes, if any, addressing the same or similar subject matters, and all
other similar federal and state statutory and common law claims.
This Agreement is intended to require arbitration of every claim or dispute that lawfully can be
arbitrated, except for those claims and disputes which by the terms of this Agreement are expressly
excluded from the Arbitration Provision.
2. Limitations On How This Agreement Applies.
The disputes and claims set forth below shall not be subject to arbitration and the requirement to
arbitrate set forth in this Section of this Agreement shall not apply:
Claims for workers compensation, state disability insurance and unemployment insurance benefits;
Regardless of any other terms of this Arbitration Provision, claims may be brought before and
remedies awarded by an administrative agency if applicable law permits access to such an agency
notwithstanding the existence of an agreement to arbitrate. Such administrative claims include
without limitation claims or charges brought before the Equal Employment Opportunity Commission
(www.eeoc.gov), the U.S. Department of Labor June 20, 2014 15 (www.dol.gov), the National Labor
Relations Board (www.nlrb.gov), or the Office of Federal Contract Compliance Programs
(www.dol.gov/esa/ofccp). Nothing in this Arbitration Provision shall be deemed to preclude or
excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s
obligation to exhaust administrative remedies before making a claim in arbitration;
Disputes that may not be subject to predispute arbitration agreement as provided by the DoddFrank
Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from the
coverage of this Arbitration Provision;
Disputes regarding the Intellectual Property Rights of the parties; or
This Arbitration Provision shall not be construed to require the arbitration of any claims against a
contractor that may not be the subject of a mandatory arbitration agreement as provided by section
8116 of the Department of Defense (“DoD”) Appropriations Act for Fiscal Year 2010 (Pub. L. 111-
118), section 8102 of the Department of Defense (“DoD”) Appropriations Act for Fiscal Year 2011
(Pub. L. 112-10, Division A), and their implementing regulations, or any successor DoD
appropriations act addressing the arbitrability of claims.
3. Selecting the Arbitrator and Location of the Arbitration.
The Arbitrator shall be selected by mutual agreement of run2geo and You. Unless You and run2geo
mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location
where the arbitration proceeding will be conducted or a retired federal or state judicial officer who
presided in the jurisdiction where the arbitration will be conducted. If the Parties cannot agree on
an Arbitrator, then an arbitrator will be selected using the alternate strike method from a list of five
(5) neutral arbitrators provided by JAMS (Judicial Arbitration & Mediation Services). You will have
the option of making the first strike. If a JAMS arbitrator is used, then the JAMS Streamlined
Arbitration Rules & Procedures rules will apply. Those rules are available here:
The arbitration proceeding take place exclusively in Los Angeles, California, unless each party to the
arbitration agrees in writing otherwise.
4. Starting the Arbitration.
All claims in arbitration are subject to the same statutes of limitation that would apply in court. The
party bringing the claim must demand arbitration in writing and deliver the written demand by hand
or first class mail to the other party within the applicable statute of limitations period. The demand
for arbitration shall include identification of the Parties, a statement of the legal and factual basis of
the claim(s), and a specification of the remedy sought. Any demand for arbitration made to run2geo
shall be provided to Arbitration Department, run2geo, LLC at the address contained herein. The
arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for
arbitration. A party may apply to a court of competent jurisdiction for temporary or preliminary
injunctive relief in connection with an arbitrable controversy, but only upon the ground that the
award to which that party may be entitled may be rendered ineffectual without such provisional
5. How Arbitration Proceedings Are Conducted.
In arbitration, the Parties will have the right to conduct adequate civil discovery, bring dispositive
motions, and present witnesses and evidence as needed to present their cases and defenses, and
any disputes in this regard shall be resolved by the Arbitrator.
You and run2geo agree to resolve any dispute in arbitration on an individual basis only, and not on a
class, collective, or private attorney general representative action basis. The Arbitrator shall have no
authority to consider or resolve any claim or issue any relief on any basis other than an individual
basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on a
class, collective, or representative basis. If at any point this provision is determined to be
unenforceable, the parties agree that this provision shall not be severable, unless it is determined
that the Arbitration may still proceed on an individual basis only.
While run2geo will not take any retaliatory action in response to any exercise of rights You may have
under Section 7 of the National Labor Relations Act, if any, run2geo shall not be precluded from
moving to enforce its rights under the FAA to compel arbitration on the terms and conditions set
forth in this Agreement.
6. Paying for the Arbitration.
In the event of Arbitration, the prevailing party is entitled to recover reasonable attorney’s fees. In
all cases where required by law, run2geo will pay the Arbitrator’s and arbitration fees. If under
applicable law run2geo is not required to pay all of the Arbitrator’s and/or arbitration fees, such
fee(s) will be apportioned equally between the Parties or as otherwise required by applicable law.
Any disputes in that regard will be resolved by the Arbitrator.
7. The Arbitration Hearing and Award.
The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties
regarding the conduct of the hearing and resolve any disputes the Parties may have in that regard.
Within 30 days of the close of the arbitration hearing, or within a longer period of time as agreed to
by the Parties or as ordered by the Arbitrator, any party will have the right to prepare, serve on the
other party and file with the Arbitrator a brief. The Arbitrator may award any party any remedy to
which that party is entitled under applicable law, but such remedies shall be limited to those that
would be available to a party in his or her individual capacity in a court of law for the claims
presented to and decided by the Arbitrator, and no remedies that otherwise would be available to
an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator
will issue a decision or award in writing, stating the essential findings of fact and conclusions of law.
Except as may be permitted or required by law, as determined by the Arbitrator, neither a party nor
an Arbitrator may disclose the existence, content, or results of any arbitration hereunder without
the prior written consent of all Parties. A court of competent jurisdiction shall have the authority to
enter a judgment upon the award made pursuant to the arbitration. The Arbitrator shall not have
the power to commit errors of law or legal reasoning, and the award may be vacated or corrected
on appeal to a court of competent jurisdiction for any such error
8. Your Right to Opt Out of Arbitration.
Arbitration is not a mandatory condition of your contractual relationship with run2geo. If You do not
want to be subject to this Arbitration Provision, You may opt out of this Arbitration Provision by
notifying run2geo in writing of Your desire to opt out of this Arbitration Provision, either by (1)
sending, within 30 days of the date this Agreement is executed by You, electronic mail to
firstname.lastname@example.org, stating Your name and intent to opt out of this Arbitration Provision or (2)
by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g, UPS, Federal
Express, etc.) to the address contained herein.
In order to be effective, the letter under option (2) must clearly indicate Your intent to opt out of
this Arbitration Provision, and must be dated and signed. The envelope containing the letter must
be received (if delivered by hand) or post-marked within 30 days of the date this Agreement is
executed by You. Your writing opting out of this Arbitration Provision, whether sent by (1) or (2), will
be filed with a copy of this Agreement and maintained by run2geo. Should You not opt out of this
Arbitration Provision within the 30-day period, You and run2geo shall be bound by the terms of this
Arbitration Provision. You have the right to consult with counsel of Your choice concerning this
Arbitration Provision. You understand that You will not be subject to retaliation if You exercise Your
right to assert claims or opt-out of coverage under this Arbitration Provision.
9. Enforcement of This Agreement.
This Arbitration Provision is the full and complete agreement relating to the formal resolution of
disputes arising out of this Agreement. Except as stated in subsection 4, above, in the event any
portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration
Provision will be enforceable. By clicking “I accept”, You expressly acknowledge that You have read,
understood, and taken steps to thoughtfully consider the consequences of this Agreement, that You
agree to be bound by the terms and conditions of the Agreement, and that You are legally
competent to enter into this Agreement with run2geo.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to
respect local laws. The following provisions apply to users and non-users who interact with run2geo
outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury
Department’s list of Specially Designated Nationals you will not engage in commercial activities on
run2geo (such as advertising or payments) or operate a Platform application or website. You will not
use run2geo if you are prohibited from receiving products, services, or software originating from the
3. You will not use the run2geo Platform in any manner that is violative of any laws, statutes or
ordinances of Your national, state or local government.
Except as explicitly stated otherwise, any notices to run2geo shall be given by certified mail, postage
prepaid and return receipt requested to run2geo, LLC, 3447 E. Del Mar Blvd., Pasadena, California
91107, and any notices to You shall be provided to You through the run2geo Platform or given to You via
the email address You provide to run2geo during the registration process or via any profile information
updates provided by You. In such case, notice shall be deemed given 3 days after the date that the email
was sent. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt
requested, to the address provided to run2geo during the registration process or via any profile
information updates provided by You. In such case, notice shall be deemed given 5 days after the date of
To resolve a complaint regarding the Service, You should first contact Our Customer Service Department
This Agreement shall be governed by the laws of the State of California without regard to choice of law
principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. You agree that this Agreement and all
incorporated agreements may be automatically assigned by run2geo, in Our sole discretion in
accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and
in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with
respect to a breach by You or others does not waive Our right to act with respect to subsequent or
similar breaches. This Agreement sets forth the entire understanding and agreement between the User
and run2geo with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability
Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this