Terms of Service | Running Fitness Dude

OVERVIEW

This website is operated by The Bayshore Running Company, LLC ("Company"). Throughout the site, the terms “we”, “us” and “our” refer to Company.

Company offers this website, including all information, products, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, downloading information from our site, providing an email address or other contact information, and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website or purchasing products from our store. By accessing or using any part of the site, or by purchasing any products or services from us, you agree to be bound by these Terms of Service. If you do not agree to all of the Terms of Service, then you may not access the website, use any services, or purchase our products. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and/or purchase of products or services following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Wix.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - GENERAL TERMS AND CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least 18 years old, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use the Service, or any products or services purchased or delivered to you through the Service, for any illegal or unauthorized purpose. Nor may you, in the use of our Service or products, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of these Terms of Service may result in an immediate termination of your Services. However, we reserve the right to terminate your Services at any time and for any reason, even if you do not violate these Terms of Service.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The statements made on this site have not been evaluated by the FDA or any other regulatory agency. Any products sold on this are not intended to diagnose, treat, cure, or prevent any disease. Consult with your doctor before beginning any diet or exercise program.

This website does not provide medical advice. The information, including but not limited to, text, graphics, images and other material contained on this website are for informational purposes only. No material on this site is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider before using our products or undertaking an exercise regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this website.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 – YOUR ASSUMPTION OF RISKS

You agree to use our products, programs, and services at your own risk. You assume the risk of all foreseeable and unforeseeable medical problems that may arise from the use or continued use of our products, services, and programs. By assuming such risks, you understand and agree: (a) The statements on this site have not been evaluated by the FDA and that our products are not intended to diagnose, treat, cure, or prevent any disease; (b) that you should consult a doctor or duly licensed medical professional before using our products or services, especially if you have a medical condition or are taking medication or other dietary supplements; (c) that our products and services are intended for healthy adults only (over the age of 18), and that you should keep the our products out of the reach of children; (d) that you should not use our products our services if you are nursing, pregnant, or thinking of becoming pregnant; (e) that some of our products contain caffeine, and those products should not be used in combination with caffeine from other sources; (f) that we do not represent, guarantee, or warrant that our products and services are safe or that you will achieve certain results by using our products or services (see Section 4 for more details); and (g) that by agreeing to these Terms and Conditions, you are waiving your right to resolve disputes through a class action, either in arbitration or in court (see Section 5 for more details).

You also expressly agree that your use of, or inability to use, the Service is at your sole risk. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

SECTION 4 - DISCLAIMER OF WARRANTIES; OUR LIMITATION OF LIABILITY

Individual results vary. We do not represent, guarantee, or warrant that our products, services or programs are safe or that you will achieve certain results by using our products and services.

We disclaim all express and implied warranties on our products, services, and programs. The Service, and of our all products and services purchased or delivered to you through the Service, are provided “as is,” “with all faults,” and “as available,” without any representations, warranties, or conditions of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 5 – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

Summary: This Section provides that upon you or our election, all Claims between you and us shall be resolved by binding arbitration, and describes the process in which such Claims may be arbitrated instead of litigated in court. If you or we elect arbitration, you will be giving up your right to go to court (except that individual claims may be taken to small claims court). You are entitled to a fair hearing, but arbitration procedures are simpler and more limited than rules that apply in court. You will not have the right to be a member or representative in a class action in court or in arbitration. Please read this Section carefully.

Definitions:

As used in this Section, “we,” “us” and “our” refer to Compnay, as well as its officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors.

As used in this Section, “Claim” means any claim, dispute, or controversy between you and us arising from or related (a) the Service, (b) all products and services purchased or delivered to you through the Service, (c) these Terms and of Service, (d) all advertisements, promotions, sales, and marketing relating to our products and services, (e) the validity, enforceability, and scope of this arbitration agreement, (f) the relationships resulting from the Service, our products, or our services, (g) our products and services, including but not limited to our dietary supplements and exercise and training plans. “Claim” has the broadest reasonable meaning. It includes claims of every kind and nature. This includes initial claims, counterclaims, cross-claims, third-party claims, statutory claims, contract claims, negligence and tort claims (including claims of fraud and other intentional torts).

Binding Arbitration: All Claims shall be resolved, at your election or ours, by binding arbitration in accordance with this Section.

Even if you or we elect to litigate a Claim in court, you or we may elect to arbitrate any other Claim, including a new Claim in that lawsuit or any other lawsuit. Nothing in that litigation waives any rights in this Agreement.

We will not require arbitration of an individual Claim you make in small claims court or your state’s equivalent court, if any. If, however, you or we transfer or appeal the Claim to a different court, we reserve our right to elect arbitration.

No Class Actions in Arbitration or Court: Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a Claim, neither you nor we will have the right to: (a) participate in a class action in court or in arbitration; (b) act as a private attorney general in court or in arbitration; or (c) join or consolidate your Claim(s) with claims of any other person. The arbitrator shall have no authority to conduct any such class, private attorney general, or multiple-party proceeding.

Location of Hearing: Any arbitration hearing you attend shall be in the federal judicial district of your residence.

Survival: This arbitration agreement survives the completion of any transactions between us as well as the termination of these Terms of Service. It also survives your bankruptcy.

Governing Law: The enforceability and scope of this arbitration agreement shall be governed by the Federal Arbitration Act. The arbitrator shall apply applicable substantive law consistent with the FAA.

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to stop selling items to any person who, in our sole discretion, has abuses our Refund Policy.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 - PERSONAL INFORMATION

Except as otherwise stated herein, your submission of personal information through the store is governed by our Privacy Policy.

Consent to Contact. You agree that we may contact you using any contact information in our records, including your email addre(es) and telephone number(s). You authorize Company, as well as Company’s agents, affiliates, and partners to contact you using any phone number(s) (including any wireless, mobile or VOIP number) and email addresses you have previously provided to us or that you may subsequently provide to us. Additionally, you expressly consent to receive autodialed or prerecorded calls, texts messages, emails, and other correspondence from Company and its agents, affiliates, and partners. You consent to receiving calls, text messages, emails, and correspondences for any and all reasons without limitation. The only way to revoke the consent that you have given under this paragraph is by mailing written and express revocation of your consent to us at P.O. Box 130491, Tampa, FL 33681. You understand and acknowledge that it may take us 45 days or more to process your revocation of consent, and you agree that neither Company, nor its agents, affiliates, or business partners, shall be liable for any calls, text messages, emails, or other correspondence that may be sent to you while your revocation of consent is being processed.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision or Section of these Terms of Service is determined to be unlawful, void or unenforceable, such provision or Section shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site (including the Refund Policy, the Privacy Policy, and the Shipping Policy) or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service, the Refund Policy, the Privacy Policy, or the Shipping Policy shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Florida.

SECTION 20 – NO WAIVER

Our delay in exercising or enforcing any right, provision, or Section of these Terms of Service shall not constitute a waiver of our right to exercise or enforce such right, provision, or Section.

SECTION 21 - CHANGES TO TERMS OF SERVICE

*These terms are subject to change at any time without notice.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at bayshorerun@gmail.com

SECTION 23 – PRODUCTS AND SERVICES NOT FOR RESALE

You agree that our products, services, and programs offered through this site or otherwise are not to be offered for resale unless otherwise agreed by us in writing.