Terms and Conditions

 

Fluid Running LLC Terms and Conditions, Updated 2-15-2018

 

PLEASE READ THESE TERMS and CONDITIONS CAREFULLY. Fluid Running, LLC, (together with our affiliates, “Fluid Running H2Go or Fluid Running H2Go System or Kit”, “we”, or “us”) provides an online fitness community and related products, services, content and features through the Fluid Running website located at http://www.FluidRunning.com, including subdomains, through mobile and desktop or device applications (including iOS and Android applications) and Fluid Running-controlled social media pages (collectively, “Fluid Running”). By registering as a member or by visiting, browsing, or using Fluid Running in any way, you (as a “user”) accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Fluid Running.

  1. Who May Use Fluid Running

Age Requirement.You must be at least 18 years old to register with and use Fluid Running. Minors age 13-17 that can safely fit the dimensions of Fluid Running flotation belt may use the H2Go System, provided that the system is used while under parent/guardian supervision on site at all times.

We may, in our sole discretion, refuse to offer Fluid Running H2Go System to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to you, and the right to access and use Fluid Running is revoked where this Agreement or use of Fluid Running is prohibited or conflicts with any applicable law, rule or regulation. Further, Fluid Running is offered only for your personal use, and not for the use or benefit of any third party.

THE FLOTATION BELT IS NOT A LIFESAVING DEVICE, nor is it approved by the United States Coast Guard or any other agency as a life saving device or certified personal flotation device. This is because the design of the Flotation Belt will not prevent drowning because the buoyancy factor and its distribution in the belt is not sufficient to float a conscious or unconscious person in a “face out of the water” position.

The Flotation Belt is to be used by qualified swimmers for exercise purposes only and should never be used by children or anyone who cannot swim.  Please do not buy and/or return your Flotation Belt, that was purchased either separately or as part of the H2Go System, for a refund if you do not agree to these terms. User assumes all risks involved in using the Flotation Belt.

  1. License to Use Fluid Running

License: Subject to your compliance with this Agreement, Fluid Running grants you a limited, non-transferable, non-exclusive, revocable license to access and use Fluid Running H2Go audio workouts, instructional videos and related items for your own personal, non-commercial purposes. This license includes the right to view content available on Fluid Running consistent with related content purchases. This license is personal to you and may not be assigned or sublicensed to anyone else.  Fluid Running and Fluid Running H2Go content is for personal and individual use only.  It is not to be shared with others, as in groups of two of more, without the expressed written approval from Fluid Running LLC.

Restrictions: Except as expressly permitted in writing by an authorized representative of Fluid Running, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Fluid Running, nor will you take any measures to interfere with or damage Fluid Running. All rights not expressly granted by Fluid Running in this Agreement are reserved.

  1. Privacy

Our Privacy Policy forms a part of this Agreement. Please review the Privacy Policy at www.fluidrunning.com for more information.

  1. Membership Requirements Registration

To enjoy full access to Fluid Running H2Go, you must register as a member of Fluid Running and enter into a purchase agreement for access to our audio workouts, content and features.  Your purchase and access rights are governed by these Terms and Conditions. You must provide complete and accurate registration information to Fluid Running, complete the registration process, and notify us if any of your information changes.

Fluid Running group workouts classes held at third-party facilities are subject to additional fees, terms and conditions separate from Fluid Running’s online content.

Account Security: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, logout of your account after using Fluid Running. If you become aware of an unauthorized access to your account, change your password and notify us immediately at support@fluidrunning.com.

  1. Sale of Products

Fluid Running accepts orders for Fluid Running H2Go systems, components and any other equipment, apparel or accessories that we may offer through the Fluid Running Site.  Availability of products cannot be guaranteed. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the U.S. shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Fluid Running Site or to your email address after your payment has been processed. Please see our Return Policy for further information about Fluid Running.

  1. Term and Termination; Account Deletion

Term:  This Agreement begins on the date you complete and pay for  your purchase and continues as long as you have an account with us and/or continue to use Fluid Running.

Termination for Breach:  Fluid Running, may, in its sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted if Fluid Running, determines that you have violated this Agreement or that your conduct or content would tend to damage Fluid Running’s reputation and goodwill. If Fluid Running deletes your account for these reasons, you may not re-register for or use Fluid Running under any other user name or profile. Fluid Running may block your access to Fluid Running to prevent re-⁠registration.

Effect of Termination / Account Deletion: Upon termination of this Agreement all licenses granted by Fluid Running will terminate. The following sections survive termination: Submissions, Indemnification, Limitation of Liability, Professional Advice Disclaimer, Medical Disclaimer, Intellectual Property and all General Provisions. In the event of account deletion for any reason, User Content may no longer be available and Fluid Running is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to Fluid Running H2Go workouts and any other content or features provided through Fluid Running. Fluid Running, in its sole discretion, may make available a very limited amount of content or features to non-subscribers from time to time.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Fluid Running and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities with Fluid Running, (ii) your violation of this Agreement.

  1. Disclaimers

Fluid Running reserves the right to modify Fluid Running, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any content or features of Fluid Running, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.). Fluid Running has no obligation to screen or monitor any content and does not guarantee that any content available on Fluid Running is suitable for all users or that it will continue to be available for any length of time.

Fluid Running provides Fluid Running on an “AS IS” and “AS AVAILABLE” basis. You therefore use Fluid Running at your own risk. Other than as expressly provided in writing by Fluid Running in connection with your purchase of a Fluid Running product (such as the flotatoin belt, headset or tether), Fluid Running expressly disclaims any and all warranties of any kind, whether expressed or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Fluid Running makes no representations or warranties: 1)that Fluid Running is or will be permitted in your jurisdiction; 2) That Fluid Running will be uninterrupted or error-⁠free; or 3) concerning any content

  1. Limitation of Liability

To the fullest extent permitted by law: (i) Fluid Running shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Fluid Running’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Fluid Running over the 12 months preceding the date your first claim(s) arose.

  1. Professional Advice Disclaimer / Medical Disclaimer

Professional Advice Disclaimer.

Fluid Running offers health and fitness information and is designed for educational and entertainment purposes only. you should consult your physician before beginning a new fitness program. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. if you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the Fluid Running site or heard on Fluid Running H2GO. the use of information provided through Fluid Running or in a Fluid Running H2GO workout  is solely at your own risk.

Nothing stated or posted on the Fluid Running site or available through any Fluid Running platform is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice. Fluid Running is continually under development and Fluid Running makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in Fluid Running will always include the most recent findings or developments with respect to the particular material.

Medical Disclaimer.

In becoming a user of Fluid Running with the intent of using Fluid Running H2Go, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Fluid Running and the Fluid Running H2Go system..

Fluid Running reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

  1. Intellectual Property

You acknowledge that Fluid Running and Fluid Running H2Go (collectively “Fluid Running”)  contains intellectual property, software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Fluid Running-generated content, and content provided to Fluid Running by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and Fluid Running, Fluid Running owns a copyright in the selection, coordination, arrangement and enhancement of all content in Fluid Running. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use Fluid Running, you may download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use Fluid Running H2Go workouts, Fluid Running hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on Fluid Running H2Go for your personal, non-commercial use of Fluid Running H2Go workouts and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of Fluid Running H2Go, including use of any such content on any other website or networked computer environment, is strictly prohibited..  No portion of the services provided may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the services or content in any manner, and you shall not exploit the services in any manner not expressly authorized.  Fluid Running and Fluid Running H2Go content is for personal and individual use only.  It is not to shared with others, as in groups of two of more, without the expressed written approval from Fluid Running LLC.

Fluid Running name, logos and affiliated properties, designs and marks are the exclusive property of Fluid Running LLC, and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on Fluid Running should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.

  1. Arbitration Clause & Class Action Waiver – Important – Please Review as this Affects Your Legal Rights

Arbitration: YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF Fluid Running, AND/OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES IN EFFECT AT THE TIME OF DISPUTE, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE EQUITABLE RELIEF IN ANY U.S. COURT HAVING JURISDICTION TO PROTECT AGAINST AN INFRINGEMENT OR MISAPPROPRIATION OF THAT PARTY’S INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Small Claims Court: As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules and within such court’s jurisdiction, unless the action is transferred, removed or appealed to a different court. You may bring such claims only on your own behalf.

Time Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with your relationship with us, including the use of Fluid Running or this Agreement, must be filed within one year after such claim or cause of action arose or be forever banned.

Fees:  Your arbitration fees will be limited to those fees set forth in the JAMS Rules for Arbitration of Consumer-Related Disputes with the remainder paid by Fluid Running.

Survival:  This Section 12 will survive the termination of your relationship with us.  If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable under applicable law, then such provisions will be null and void and severed from this Agreement.

  1. Governing Law

This Agreement shall be governed by the laws of the State of Illinois, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Subject to the foregoing agreements in Section 21, any other action arising out of or relating to this Agreement or your use of Fluid Running shall be brought exclusively in the Circuit Court of Cook County, Illinois or the United States District Court, Northern District of Illinois, Eastern Division and you hereby consent to such venue and to the jurisdiction of such courts over such proceedings.

  1. Interpretation; Severability; Waiver; Remedies

Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Fluid Running in exercising any right hereunder will waive any further exercise of that right. Fluid Running’s rights and remedies hereunder are cumulative and not exclusive.

  1. Successors; Assignment; No Third Party Beneficiaries

This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer this Agreement without Fluid Running’s prior written consent. No third party has any rights hereunder. Fluid Running may assign its rights, obligations and/or this Agreement at any time in its sole discretion without notice to you.

  1. Notices

You consent to receive all communications including notices, agreements, disclosures, or other information from Fluid Running electronically. Fluid Running may communicate by email or by posting to Fluid Running. For support-related inquiries, you may email support@fluidfrunning.com. For all other notices to Fluid Running, write to the following address:

  •   Fluid Running, LLC.

21 S. La Grange Road, Suite 200

La Grange, IL 60525

  •   Attn: Legal Department

Nothing in this Agreement or otherwise limits Fluid Running’s right to object to subpoenas, claims, or other demands.

  1. Modification

This Agreement may be modified at any time by Fluid Running. Any such modification will be communicated to you by, at a minimum, revising the “Last Updated” date at the top of this page. Subject to Section 21, unless otherwise specified by us, modifications will be effective as of the date they are posted to Fluid Running.

  1. Entire Agreement

This Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to Fluid Running Site from time to time:

In the event of a conflict between any policies posted on Fluid Running and the terms of this Agreement, the terms of this Agreement will control. This Agreement represents the entire understanding between Fluid Running and you and supersedes all prior agreements and understandings regarding the same.