Terms
TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
THE POWER OF RUN, LLC - TERMS OF USE
Welcome to THE POWER OF RUN web site at: http://www.powerofrun.com, and http://www.crushingmygoals.com, (“Site”) which is owned and operated by The Power of Run, LLC, a Kansas limited liability company. By accessing or using this Site, regardless of whether you access or use is intended, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. Access to and use of this Site and the information, materials, products and services available through this Site are subject to all applicable laws and regulations and to these Terms of Use. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement, that provision will be substituted with a valid and enforceable provision that reflects the intent of the invalid provision, and that provision shall not affect the validity and enforceability of any remaining provisions. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please leave this Site immediately. The Power of Run, LLC reserves the right to modify or amend these Terms of Use without notice at any time. The current Terms of Use will be posted on the Site and you should always review these Terms of Use under which you are permitted to access this Site. This Site is intended to be used by individuals over the age of 18 who reside within the United States.
No Warranties/Release Of Liability
THIS SITE IS PROVIDED BY THE POWER OF RUN, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE POWER OF RUN, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, RESULTS OBTAINED THROUGH THE SITE, OR LINKED TO THIS SITE. THE POWER OF RUN, LLC DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED OR ANY KIND. THE POWER OF RUN, LLC ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. THE POWER OF RUN, LLC, ITS OFFICERS, MEMBERS, EMPLOYEES, AFFILIATES, AND AGENTS, WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES OF ANY KIND CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, AND/OR OMISSION ARISING FROM THE USE OF THIS SITE.
YOU AGREE THAT YOUR USE OF THIS SITE, OR ANY SERVICES OFFERED HEREBY, IS AT YOUR SOLE RISK. YOU SHOULD BE HEALTHY AND SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING ANY RUNNING OR EXERCISE PROGRAM, WHETHER OFFERED HEREBY OR OTHERWISE. YOU FURTHER CERTIFY THAT YOU HAVE FULL KNOWLEDGE OF THE RISKS INVOLVED IN ENGAGING A TRAINING PLAN AND THAT YOU
WILL DISCLOSE ANY PHYSICAL OR HEALTH CONCERNS TO YOUR PERSONAL THE POWER OF RUN COACH SO THAT THOSE CONCERNS WILL BE FACTORED INTO YOUR TRAINING PLAN AND ANY AND ALL ADVICE GIVEN CAN TAKE THOSE CONCERNS INTO ACCOUNT. ALWAYS WARM-UP PROPERLY BEFORE BEGINNING ANY RUN OR OTHER EXERCISE. THE POWER OF RUN, LLC IS NOT RESPONSIBLE FOR ANY INJURY THAT MAY RESULT FROM IMPROPER USE OF ITS MATERIALS OR PROGRAMS. YOU HEREBY RELEASE AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE POWER OF RUN, LLC, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES, AGAINST ANY AND ALL LOSSES, EXPENSES, CLAIMS, DAMAGES AND COSTS (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS) RESULTING FROM ANY VIOLATION OF THIS USER AGREEMENT OR ANY ACTIVITY ARISING OUT OF OR
RELATED TO YOUR USE OF THE SITE, OR YOUR ACCOUNT BY YOU, OR ANY OTHER PERSON ACCESSING
WWW.POWEROFRUN.COM or www.CRUSHINGMYGOALS.com USING YOUR ACCOUNT.
Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE POWER OF RUN, LLC, ON BEHALF OF ITSELF AND ITS OFFICERS, MEMBERS, EMPLOYEES, AFFILIATES, AND AGENTS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, OR LOSS OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, OR ANY SERVICES OR GOODS OFFERED HEREBY. THIS LIMITATION OF LIABLITY APPLIES WHETHER THE ALLEGED LIABILTY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT
LIABILITY OR ANY OTHER BASIS.
These Terms of Use give you specific legal rights and you may also have other rights which vary from state to state. The Power of Run, LLC does not seek to exclude or limit liability for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are affected by the provisions contained herein only to the extent not prohibited by such statutes.
Ownership of Content
All content included on this site, including but not limited to text, graphics, logos, button icons, images, trademarks, service marks (whether or not registered) audio clips, video clips, and software, is the property of The Power of Run, LLC or its content suppliers and protected by U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display, or other use, of the content of this Site is STRICTLY PROHIBITED, unless you have obtained the prior express written consent of The Power of Run, LLC .
Any information (including photos) you submit to The Power of Run, LLC becomes the property of The Power of Run, LLC and may be reproduced, modified, and distributed as The Power of Run, LLC sees fit in any medium and for any purpose.
Privacy Policy
Your privacy is important to us. The Power Of Run, LLC does not sell or rent your email or name to anyone ever; and does not send spam or unwanted messages. You can unsubscribe at any time. If you can’t do it yourself, send us an email to remove you and The Power Of Run, LLC will do it for you. The Power Of Run, LLC does not keep any credit card information on its servers at any time. All payments are
taken via a secured server through PayPal or Stripe which are well respected payment portals. See the full privacy policy linked at the bottom of the website.
Shipping/Refund Policy
The Power Of Run, LLC ships all materials within 72 hours of receiving an order and barring acts of god and unforeseen events and delays you should receive your materials within 7-10 working days of your order, unless the item is a pre-sale item, in which case it will be shipped within 7-10 working days of arrival at The Power of Run, LLC offices. The Power Of Run, LLC cannot guarantee delivery time frames but makes every effort to ship as soon as is possible.
The Power Of Run, LLC has a no refund policy on The Power of Run coaching programs. For all other Power of Run products, The Power of Run, LLC allows returns/refunds for all other items within 30 daysof receipt of shipment, provided that:
Items must be in new condition
Items must be returned with all original packaging and accessories
Clothing must be unworn
Items valued at over $50 must be returned to The Power of Run, LLC with a trackable shipping service. If the order is valued at $100 or more, insure the shipment for the value of the merchandise and ship your return with a signature shipping service. Note: If a package doesn’t arrive and you don’t use a trackable method to return or if you refuse the shipment as a method of return, we may not be able to cover you under our Refund Policy.
Governing Law
This Agreement is governed by the laws of the State of Kansas without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Kansas for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use of the Site, and you further irrevocable waive any right you may have to trial by jury in any such dispute, action or proceeding. This Agreement may be assigned by The Power of Run, LLC in its sole discretion.
The failure of The Power of Run, LLC to act with respect to a breach of this agreement does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Contacting The Power of Run
Any questions or comments regarding, or problems with this Site should be sent to the Site Administrator at [email protected]. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting The Power of Run, LLC by email at [email protected]. The services hereunder are offered by The Power of Run, LLC, located in Overland Park, Kansas.
I confirm that I accept the above Terms of Use and agreement.