Terms and Conditions

Thank you for your interest in these Terms (these “Terms”). These Terms constitute a legal agreement between you and Mountain Runner Coaching LLC governing the use of our website.

1. ABOUT US

1.1 We are Mountain Runner Coaching LLC, PO BOX 536 Nederland, CO, 80466 USA (“Mountain Runner Coaching”, “we”, “us”, or “our”).

1.2 We operate www.mountainrunnercoaching.com (our “website”).

1.3 To contact us, please use support@mountainrunnercoaching.com, call +1 720-938-0431 or write to us at the above address.

1.4 These Terms were last updated on Saturday, March 30th, 2024, and are the current and valid version.

1.5 The following additional terms apply to your use of our website and Services and form part of these Terms.

1.5.1 Our Privacy Policy;

1.5.2 Our Cookie Policy; and

1.5.3 Our Terms of Service, if you are using our Coaching Services and Training Plans

2. COPYRIGHT
2.1 All of the content featured or displayed on the website, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together "Content"), is owned by Mountain Runner Coaching its licensors, vendors, agents, and/or its Content providers.
2.2 You must not use the website or any Content other than for its intended purpose. Except where we tell you otherwise on the website, you may view, play, print, and download documents, audio, and video found on the website for personal, informational, and non-commercial purposes only.
2.3 You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the website.
2.4 Except as authorized under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these Terms, the use of any such material on any other mobile application, website, or online service is prohibited.
2.5 You are responsible for complying with all laws which apply to you and your use of the website. The website, its Content, and all related rights shall remain the exclusive property of Mountain Runner Coaching or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the website.

3. ACCURACY

We attempt to ensure that information on the website is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.

4. DISCLAIMERS
4.1 The content on this website is provided by Mountain Runner Coaching in good faith on an "as is" basis for general information purposes only and is not intended to constitute or substitute medical or other professional advice. The information is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. You are encouraged to confirm any information obtained from or through our website with other sources and review all information regarding any medical condition or treatment with your General Practitioner. Please do not disregard professional medical advice or delay seeking medical treatment because of something you have read on our website.

4.2 Participation in running carries inherent risks that cannot be eliminated regardless of the care taken to avoid injuries, and by working with us you certify that you are in good health, physically fit to enter into a training program, and knowingly assume all such risks.

4.3 Mountain Runner Coaching strongly recommends that you consult with your physician before beginning any training. You should be in good physical condition to commence training. Mountain Runner Coaching is not a licensed medical care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

4.4 If you choose to follow Mountain Runner Coaching training plans, you agree that you do so at your own risk, are voluntarily following your plan, assume all risk of injury to yourself, and agree to release and discharge Mountain Runner Coaching from any and all claims or causes of action, known or unknown, arising out of Mountain Runner Coaching.

4.5 Mountain Runner Coaching will not be held responsible in any way: (i) for the information that you request or receive through or on this website, e-mails, Phone calls, social media posts, training plans; (ii) for any direct, indirect, special, incidental, or consequential damages for any use of, or reliance on this website, social media posts, emails, training plans, including, without limitation, any lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information or any other loss, malady, disease or difficulty, or otherwise, even if Mountain Runner Coaching is expressly advised of the possibility of such damages or difficulties.

4.6 Reference or links in this website, social media posts, e-mails, training plans to any other business or entity’s information, opinions, advice, programs, services, or products do not constitute an endorsement or recommendation. Mountain Runner Coaching is not responsible for the contents of any off-site web pages, companies or persons linked or referenced in this site.

4.7 Mountain Runner Coaching makes every effort to ensure that it accurately represents Mountain Runner Coaching training plans and their potential for results. Mountain Runner Coaching cannot guarantee your future results and/or success, and you accept the risk that results will differ for each individual. As with any training plan, your results will vary, and will be based on many variables, including but not limited to, your individual capacity, experience, unique health and genetic profile, starting point, expertise, and level of commitment.

5. YOUR INFORMATION

5.1 When you provide information about yourself to us, you agree to: (ii) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (ii) maintain and promptly update such information to keep it accurate and current.

5.2 If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to decline to provide you with services on the website, and/or refuse any or all current or future use of the website or any portion thereof.

6. YOUR USE OF OUR WEBSITE

6.1 You may use our website only for lawful purposes. You may not use our website:

6.1.1 in any way that breaches any applicable local or international laws or regulations;
6.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

6.1.3 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and

6.1.4 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

6.2 You also agree:

6.2.1 not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these Terms; and

6.2.2 not to access without authority, interfere with, damage or disrupt:

6.2.3 any part of our website;

6.2.4 any equipment or network on which our website is stored;

6.2.5 any software used in the provision of our website; or
6.2.6 any equipment or network or software owned or used by any third party.

7. TERMINATION OF THIS AGREEMENT

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the website, or any portion of the website, or the agreement between you and us under these Terms, for any reason including but not limited to for your violation of these Terms; (ii) modify or change the website, or any portion of the website; (iii) interrupt the regular operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the website required for, inter alia, changes to the technical environment or functionalities, changes in the number of users or improvements to the services.

8. ACCESS TO THE WEBSITE
8.1 We do not guarantee that the functions contained on the website will be uninterrupted or error-free or that defects will be corrected.

8.2 We may suspend, withdraw, discontinue, or change all or any part of the website without notice.

9. OUR RESPONSIBILITY

9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.

9.3 The website is for domestic and private use. If you use the website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10. DATA PROTECTION

We fully respect the privacy of individuals who access and use the website. Your personal data will be collected and used to fulfill necessary contractual obligations outlined in these Terms. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy and Cookie Policy.

11. OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under these terms and conditions to another organization, but this will not affect your rights or obligations under these Terms.

11.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
11.3 No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.

11.4 These Terms and any document expressly referred to in it constitutes the entire agreement between us. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions or any document expressly referred to in it.
11.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.6 Each of the conditions of these terms and conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11. 7 These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of the state of Colorado. In the event of any such disputes or claims in connection with these terms and conditions, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Boulder County.