Terms of Use

These Website Terms of Use (together with the Additional Terms included at the end of this document, the “Terms”) set forth the terms and conditions applicable to and governing your access to and use of any website of Precision Run, LLC (“Precision Run,” “we,” “us,” or “our”) on which these Terms are posted, as well as any applications made available by Precision Run for download and use on mobile devices, including all features, functionalities, services, and content made available through such websites and apps (collectively, the “Sites”). BY USING THE SITES, OR ANY OF THE CONTENT, FEATURES OR SERVICES MADE AVAILABLE THROUGH THE SITES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREED TO THESE TERMS AND EXPRESSLY AGREE THAT THEY FORM A BINDING CONTRACT BETWEEN YOU AND PRECISION RUN.

These Terms do not amend any other agreement you may have with Precision Run.

CHANGES TO THE TERMS

These Terms may change as we continue to evolve our business, as well as the Sites or any portion thereof. If we change these Terms, we will post the revised document here and such changes will be effective immediately upon that posting. Your continued use of the Sites constitutes your acceptance of such changes and agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically when accessing or using the Sites.

We recommend that you print or otherwise save a copy of these Terms, as updated from time to time, for your reference.

These terms were last updated: April 18, 2019.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

Informal Dispute Resolution

Our goal is to do our best to ensure that every experience with Precision Run will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem or concern. To do so, please contact us by contacting us here. When contacting us, we ask that you include your name, address, phone number and email address, and a description of your problem or concern and any specific relief you seek.

Arbitration Agreement

By using the Sites, you and Precision Run agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com; or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Precision Run initiates arbitration, it shall have the choice as between these two arbitration forums.

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, INCLUDING ALL ISSUES RELATING TO THE ENFORCEABILITY, INTERPRETATION, SCOPE, AND APPLICATION OF THIS ARBITRATION AGREEMENT (SUCH AS “GATEWAY” ISSUES OF ARBITRABILITY, WHETHER THE ARBITRATION AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION) WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

Class Action Waiver

By using the Sites, you agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Precision Run or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Precision Run. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).

If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Definition of Dispute

Except as described below, the term “Dispute” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and Precision Run regarding your access to or use of the Sites, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of these Terms, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver.

However, “Disputes” SHALL NOT include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

How Will the Arbitration Work?

Either you or Precision Run may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration. If you or Precision Run initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:

- For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.

- Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, Precision Run will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.

Where Will the Arbitration Be Held?

You can bring the arbitration in either New York or in the state where you live if there is a JAMS or AAA in that state. In the event that Precision Run initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case Precision Run may initiate the arbitration in New York. As set forth in “Governing Law” section below, the arbitrator will apply New York law.

ACCESS TO THE SITES

The Sites are intended for use by adults who reside in the United States, or those adults outside of the United States who, by using the Sites, consent to use of the Sites in accordance with United States laws and these Terms. If you choose to access the Sites from locations outside of the United States, you do so on your own initiative and at your own risk. By using or attempting to use the Sites, you are representing to Precision Run that you meet the foregoing eligibility requirements and have the legal capacity to enter into and be bound by these Terms.

You are solely responsible for any charges incurred in obtaining access to the Sites and using its features and contents, including without limitation charges from your Internet service provider and/or wireless carrier. While you may be able to purchase certain goods or services through the Sites, the Sites themselves are currently provided for free. Precision Run reserves the right to change the nature of this relationship at any time, without prior notice or liability to you. In addition, access to certain portions of the Sites may be limited to Precision Run account holders, as described in the “Your Account” section below.

AVAILABILITY

Precision Run reserves the right to render the Sites, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace, or modify the Sites or any portion thereof, at any time and for any or no reason, without prior notice or liability to you.

YOUR ACCOUNT

The Sites may invite or require you to create an account and associated log-in credentials, and you may not be able to access certain features, functionalities, IP (as defined below) or services of the Sites, without creating and logging into such an account. By creating an account, you are agreeing to provide true, accurate and current information for that account, and you are responsible for updating your account information as needed to ensure it remains current. You are responsible for maintaining the confidentiality of your log-in credentials, and you hereby acknowledge and agree that you are fully responsible and liable for all usage and activities that occurs under your account, whether authorized by you or not. You agree to notify Precision Run immediately if you know of or suspect any unauthorized use of your account or password or any other breach of security related to your account. Notwithstanding anything to the contrary in these Terms, Precision Run reserves the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify features, functionalities, IP and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.

USING THE SITES

Subject to your compliance with these Terms, Precision Run gives you the limited, non-exclusive, non-transferable, and revocable right to access and use the Sites and its contents, including all features, functionalities and IP solely for your personal and non-commercial use. However, Precision Run does not give you any right to, and you hereby agree not to engage in any of the following activities:

- Use any Site or IP, or any portion thereof, for any commercial use or purpose or for the benefit of any other person or entity, including without limitation by selling, renting, leasing, assigning, transferring, hosting, or otherwise commercially exploiting any Site or IP, or any portion thereof.

- Use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.

- Use the Sites or IP, or any portion thereof, for unlawful purposes.

- Copy, stream, reproduce, duplicate, archive, store (other than standard browser caching), download, publish, modify, make derivative works of, reverse engineer, translate, or distribute any Sites or IP, or any portion thereof, using any means. However, the foregoing does not prohibit you from using any functionality of the Sites that is clearly intended for sharing certain content in the ordinary course of use – for example, using a social media “share” feature embedded on the Sites is permissible.

- Remove, alter, bypass, avoid or circumvent any copyright, trademark or other proprietary notice, digital rights management mechanisms or other content protection measures included in or associated with any Sites or IP, or any portion thereof,. Similarly, you may not modify, remove, or otherwise interfere with any embedded player that may made available in connection with certain IP.

- Use any software robots, spiders, crawlers, or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, including without limitation to access, acquire, copy, monitor or make submissions through any portion of the Sites.

- Knowingly or intentionally take any other action that may impose an unreasonable burden or load on any Sites or its servers and infrastructure.

Any unauthorized use of the Sites or IP, or any portion thereof, by you, or otherwise under your account or on your computer or personal device, will immediately terminate the limited rights granted to you under these Terms and such termination will be without prejudice to any other right or remedy Precision Run may have under applicable law or in equity.

INTELLECTUAL PROPERTY

As between you and Precision Run, Precision Run and its licensors own the Sites and all content displayed or made available on or through, or otherwise included in, the Sites, including without limitation all text, audiovisual or video clips or recordings, audio clips or recordings, graphics, trademarks, service marks, trade names, logos, slogans, icons, images and photographs, data, information, code and software, and other content, regardless of whether registered or unregistered, and any combinations and compilations thereof (collectively, “IP”). The Sites and IP, including the selection, coordination, arrangement and enhancement of the Sites and IP, and the design, layout and “look and feel”, constitute valuable intellectual property of Precision Run and its licensors, and are protected by applicable copyright, trademark and other applicable intellectual property rights and laws.

The Sites and IP are licensed, not sold, to you, and your limited rights to access and use the Sites and IP are conditioned upon your compliance with these Terms. No act of downloading or copying from, or otherwise using, the Sites, even with Precision Run’s permission, will transfer any title, interest or right in or to the Sites or IP to you. Precision Run and its licensors hereby expressly reserve all rights not expressly granted in and to the Sites and IP, and may revoke your license to use any part of the Sites or IP at any time, with or without notice to you.

PRIVACY

We use the personal information collected through the Sites in an effort to enhance your experience with Precision Run and improve our offerings. Please visit our Privacy Policy at http://www.precisionrun.com/privacy so that you may understand how we collect, share and use information gathered from or through our access to and/or use of the Sites. By using any Sites, you also agree to the terms of our Privacy Policy and expressly consent to our collection, use and disclosure of your personal information, as described therein.

THIRD PARTY SITES

For your convenience, the Sites may contain links to websites, downloadable apps, or other products or services of other persons or entities, including without limitation, social media networks (collectively, “Third-Party Site(s)”). When you click on one of these links, you are leaving the Sites and accessing a Third-Party Site over which Precision Run has no control. Including a link to a Third-Party Site is not and should not be viewed as an endorsement by, or affiliation with, Precision Run of that Third-Party Site, its operator or its contents, services and/or offerings. Your rights and obligations when accessing and using these Third-Party Sites are not governed by these Terms (or our Privacy Policy) and will instead be governed by the terms and policies of those Third-Party Sites, and we encourage you to carefully read those terms and policies of these Third-Party Sites, as their practices may differ from ours.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRECISION RUN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY SITES AND HAS NO RESPONSIBILITY FOR SUCH THIRD-PARTY SITES OR THE CONTENTS, FEATURES OR OPERATION OF SUCH THIRD-PARTY SITES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO ACCESS AND USE ANY THIRD-PARTY SITE IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRECISION RUN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF OR RELIANCE ON ANY THIRD-PARTY SITES.

GENERAL DISCLAIMERS

While we endeavor to provide the best digital experience we can, including without limitation by offering accurate and current content, we cannot and do not guarantee that the Sites or any portion thereof will always be fully-functional, current or accurate. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITES IS AT YOUR SOLE RISK, AND THAT THE SITES, AND ALL ASPECTS THEREOF, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRECISION RUN MAKES NO REPRESENTATIONS OR WARRANTIES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (1) WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR OPERATE WITH THE DEVICES, HARDWARE OR SOFTWARE YOU USE; OR (3) WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITES WILL BE AVAILABLE, UNINTERRUPTED, CURRENT, OR FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITES, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED.

HEALTH DISCLAIMERS

Precision Run is not a health care or medical provider. The Sites and the IP, features, functionalities, services and content made available therein, including without limitation any advice, information, workouts, exercises, regimens, nutritional plans, recipes or other materials (collectively, the “Fitness Features”), are provided for general informational purposes only and do not constitute medical advice. The Fitness Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation and advice. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any fitness or nutritional program or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions.

Precision Run is not liable or responsible for any consequences of you having read, used or relied upon any Fitness Feature. By using any Fitness Feature and the contents thereof, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, all of which can be potentially hazardous activities. You should consult with your doctor prior to using any Fitness Feature. If you choose to use any Fitness Features, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using such Fitness Features, and you hereby assume all risks associated with using such Fitness Features. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING ANY FITNESS FEATURE, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRECISION RUN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FITNESS FEATURES AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH FITNESS FEATURES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY FITNESS FEATURE IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRECISION RUN AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY FITNESS FEATURE.

LIMITATIONS OF LIABILITY

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITES IS TO STOP USING AND, WHERE APPLICABLE, UNINSTALL THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PRECISION RUN, ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “PRECISION RUN PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SITES, OR THESE TERMS. IN ADDITION, IF AND TO THE EXTENT PRECISION RUN IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SITES OR THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF PRECISION RUN FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO TEN DOLLARS ($10.00 USD), EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF, PURSUANT TO APPLICABLE STATE LAW, THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT PERMITTED, THE LIABILITY OF PRECISION RUN SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold the Precision Run Parties harmless from and against any and all claims, liabilities, losses, damages, costs, demands, complaints, actions, judgments, settlements, fines, penalties, costs, and expenses (including without limitation reasonable attorneys' fees), arising out of or in connection with: (1) your access to and/or use of the Sites or any portion thereof; (2) your Comments; (3) your failure to comply with these Terms or with any applicable law, rule or regulation; (4) your infringement, misappropriation or violation of the Sites or IP or of any third party’s intellectual property right; or (5) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization. Precision Run will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. Precision Run reserves the right, at your expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate and assist with our defense of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without Precision Run’s prior written consent.

TERMINATION

You may terminate these Terms at any time by ceasing to access and use the Sites. Please understand, however, if you subsequently decide to resume accessing and using any part of the Sites, you will again be bound by the then-current Terms. We may terminate these Terms, or otherwise terminate, suspend or restrict your access to and use of the Sites, in whole or in part, at any time and without prior notice or liability to you, for any reason, including without limitation your failure to comply with any portion of these Terms.

However, even after these Terms have been terminated or your access to the Sites has ended, the sections entitled “Arbitration Agreement and Class Action Waiver,” “Intellectual Property,” “User Comments,” “Disclaimers,” “Limitations of Liability,” “Indemnification,” “Governing Law,” “General,” and any other provision which by its nature is intended to survive, will survive that termination.

GOVERNING LAW

These Terms and any other terms and conditions that may be made available with respect to certain Sites or portions thereof, including for the avoidance of doubt the Additional Terms, will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles, except to the extent that the Federal Arbitration Act governs the Arbitration Agreement, as provided in these Terms. Except as provided above as to those Disputes you or Precision Run submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), all claims, disputes and matters arising hereunder shall be submitted exclusively to the jurisdiction of the federal and state courts of competent jurisdiction located in New York City, New York, and you and Precision Run each hereby irrevocably consent to the jurisdiction of such courts and waives all objections thereto.

GENERAL

These Terms and any other terms and conditions that may be made available with respect to certain Sites or portions thereof, including for the avoidance of doubt the Additional Terms, constitute the complete and exclusive agreement between you and Precision Run concerning your access to and use of the Sites, and supersede and govern over all prior proposals, agreement or other communications. Nothing in these Terms shall be construed as creating any agency, partnership or other form of joint enterprise between you and Precision Run. Our failure to enforce any provision or exercise any right under these Terms will not constitute a waiver of such provision or right, nor will any waiver of any breach of these Terms act as a waiver of any other provision or a waiver of any future breaches. Any waiver of any provision of these Terms will be effective only if in writing and signed by Precision Run. If any provision of these Terms is declared void, unenforceable or invalid by a court of competent jurisdiction, the provision will be enforced to the maximum extent permitted by law, and the other provisions of these Terms will remain unaffected and in full force and effect. If necessary, Precision Run will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of Precision Run’s successors and assigns.

CONTACT US

Precision Run’s offices are located at 895 Broadway, New York, NY 10003. If you have questions regarding these Terms, or our Sites, please contact us by contacting us here. Your feedback is always welcome and appreciated.

ADDITIONAL TERMS FOR PRECISION RUN GIFT AND PROMOTIONAL CARDS

The following terms and conditions (the “Additional Terms for Cards”) apply to any Precision Run gift card originally purchased through any Site or at any participating Precision Runs studio (each, a “PR Gift Card”) and to gift cards or other stored value cards that are given away for free or distributed as a reward, incentive, or as part of a marketing or promotional program or other customer service gesture (“Promotional Cards”.

By purchasing a PR Gift Card, and by accepting, retaining and/or using a PR Gift Card or Promotional Card, you agree to these Additional Terms for Cards. Precision Run reserves the right to change, amend or terminate the Additional Terms for Cards and/or its PR Gift Card and Promotional Card offerings, in its sole discretion, at any time with or without notice or liability to you.

USING CARDS; RESTRICTIONS

You may use PR Gift Cards and Promotional Cards only to purchase classes for or other eligible services or merchandise at a Precision Run studio. Precision Run reserves the right to exclude certain offerings, such as in-studio food and beverage, from eligibility for payment through PR Gift Cards and/or Promotional Cards.

Promotional Cards are further subject to any limitations in use communicated at the time received, e.g., if a Promotional Card is provided as part of a retail merchandise promotion. you may not use it to book classes.

You may not resell or use any PR Gift Card or any Promotional Card for any advertising, marketing, sweepstakes or other promotional purposes.

USING CARDS; RESTRICTIONS

You may use PR Gift Cards and Promotional Cards only to purchase classes for or other eligible services or merchandise at a Precision Run studio. Precision Run reserves the right to exclude certain offerings, such as in-studio food and beverage, from eligibility for payment through PR Gift Cards and/or Promotional Cards.

Promotional Cards are further subject to any limitations in use communicated at the time received, e.g., if a Promotional Card is provided as part of a retail merchandise promotion. you may not use it to book classes.

You may not resell or use any PR Gift Card or any Promotional Card for any advertising, marketing, sweepstakes or other promotional purposes.

REDEMPTIONS/BALANCES

Your use of a PR Gift Card or a Promotional Card is limited to the current dollar value held on the card. You may obtain your balance by presenting your card at any Precision Run studio. PR Gift Cards and Promotional Cards have no cash value and may not be redeemed for cash, except to the extent required by applicable law.

EXPIRATION DATES/SERVICE CHARGES

PR Gift Cards have no expiration date, service charges or dormancy fees. However, all Promotional Cards and related special offers will expire ninety (90) days after the issuance date, unless a different expiration date is expressly stated on the Promotional Card itself or communicated in writing alongside the Promotional Card at the time of issuance.

LOST OR STOLEN CARDS

Protect your PR Gift Card and Promotional Cards as if they were cash and safeguard your PR Gift Card and Promotional Cards from unauthorized use. Except where required by applicable law, neither Precision Run, nor its issuer of PR Gift Cards and Promotional Cards (“Issuer”) is responsible for and will not refund or replace PR Gift Cards or Promotional Cards if lost, stolen, damaged or destroyed.

MISUSE OF CARDS

Precision Run and its Issuer each reserve the right, in their sole discretion, to suspend or terminate use of any PR Gift Card or any Promotional Card if Precision Run or such Issuer suspects any fraud or misuse of such card. Precision Run or its Issuer may cancel a PR Gift Card or a Promotional Card at any time, without notice or liability to you.

PR GIFT CARD PROPERTY RIGHTS

The consideration paid for the PR Gift Card, including any unredeemed balances, is the property of the Issuer.

NO WARRANTIES

TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRECISION RUN AND ISSUER MAKE NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PR GIFT CARDS AND PROMOTIONAL CARDS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ISSUER NOR PRECISION RUN ASSUME ANY RESPONSIBILITY FOR ANY LOSS OF ANY KIND ARISING OUT OF YOUR USE OF ANY PR GIFT CARD OR ANY PROMOTIONAL CARD. IN THE EVENT A PR GIFT CARD IS NOT FUNCTIONAL, YOUR SOLE REMEDY AND PRECISION RUN’S AND ITS ISSUER’S SOLE LIABILITY SHALL BE THE REPLACEMENT OF THE PR GIFT CARD AT ITS THEN-CURRENT REMAINING BALANCE.

ADDITIONAL TERMS FOR APPS

The following terms and conditions (the “Additional Terms for Apps”) apply to any applications designed for download and use on mobile, tablet, smart watch or other personal devices which Precision run may make available as part of the Sites (the “Apps”). You acknowledge and agree that the availability of each App is dependent upon the third-party app store from which you download the App (the “App Store”). You acknowledge that the Terms are between you and Precision Run, and not with the applicable App Store. Each App Store may have its own terms and conditions to which you must agree before downloading an App from it, and the limited rights Precision Run grants you to use the App are conditioned upon your compliance with any and all terms and conditions of such App Store.

In addition, the following terms and conditions apply to any of our Apps that you download from any Apple App Store (an “iOS App”):

1. Acknowledgement: You and Precision Run each acknowledge that the Terms, including these Additional Terms for Apps, are between you and Precision Run, and not with Apple Inc. (“Apple”), and that, subject to any limitations set forth in these Terms, Precision Run, not Apple, is solely responsible for the iOS App and its contents. To the extent the Terms or any Additional Terms for Apps set forth herein provide for usage rules applicable to an iOS App that are less restrictive than or otherwise conflict with the Apple App Store Terms of Service, the more restrictive or conflicting provision in such Apple App Store Terms of Service will govern and apply.

2. Scope of License: The license granted to you under the Terms is limited to a non-transferable license to use the iOS App on any iPhone, iPad, Apple Watch or other iOS product or device that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

3. Maintenance and Support: To the extent any maintenance and support services are required under applicable law or expressly contemplated by these Terms, Precision Run, not Apple, is solely responsible for such services. You and Precision Run each acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.

4. Warranty: Precision Run, not Apple, is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed or limited under the Terms. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you. However, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, to the extent not effectively disclaimed or limited under the Terms, will be Precision Run’s sole responsibility.

5. Product Claims: You and Precision Run each acknowledge that Precision Run, not Apple, is responsible for addressing any claims you or a third party may have relating to the iOS App or your possession and/or use of that iOS App, including, but not limited to: (1) product liability claims; (2) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. However, you acknowledge and agree that Precision Run’s responsibility for the foregoing claims is limited and disclaimed, to the maximum extent permitted by applicable law, as further described in these Terms.

6. Intellectual Property Rights: You and Precision Run each acknowledge that, in the event of any third party claim that the iOS App, or your possession and use of the iOS App, infringes that third party’s intellectual property rights, Precision Run, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, subject to any disclaimers and limitations set forth in, and your indemnification obligations under, the Terms.

7. Legal Compliance: You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Third Party Beneficiary: You and Precision Run each acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.