Terms and Conditions

1. Introduction

Welcome to FitTriRun ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of the FitTriRun website, located at www.fittrirun.com (the "Website"), and any content, functionality, and services offered on or through the Website.

Please read these Terms carefully before using our Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the Website.

2. Acceptance of Terms

By accessing or using the Website, you confirm that:

• You have read and understood these Terms;
• You agree to be bound by these Terms;
• You are at least 16 years of age or have parental consent if under 16 years of age;
• You have the legal capacity to enter into a binding agreement with FitTriRun.

If you are using the Website on behalf of a company, organization, or other entity, you represent that you have the authority to bind such entity to these Terms.

3. Use of the Website

Subject to your compliance with these Terms, FitTriRun grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes.

3.1 Website Access

We reserve the right to:

• Modify, suspend, or discontinue the Website or any part of it at any time, with or without notice;
• Restrict access to some or all of the Website;
• Refuse service to anyone for any reason at any time.

3.2 Website Availability

We strive to ensure that the Website is available at all times. However, we do not guarantee that the Website will be available without interruption, error-free, or secure. We may occasionally need to suspend access to the Website for maintenance or upgrades.

4. Account Registration

Some features of the Website may require you to register for an account. When registering for an account, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your account information;
• Keep your account credentials confidential and secure;
• Notify us immediately of any unauthorized access to or use of your account;
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate your account at our discretion, without notice, if we believe you have violated these Terms or for any other reason.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by FitTriRun, its licensors, or other providers of such material and are protected by Dutch and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License

You may access, view, download, and print content from the Website for your personal, non-commercial use only, provided that you:

• Do not modify the content;
• Do not remove any copyright, trademark, or other proprietary notices;
• Do not use the content in a way that suggests an association with FitTriRun or our products, services, or brands;
• Do not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website without express written permission from FitTriRun.

5.3 Trademarks

The FitTriRun name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FitTriRun or its affiliates. You may not use such marks without prior written permission from FitTriRun.

6. User Content and Submissions

6.1 User Content

If you submit, post, or display content on the Website ("User Content"), you grant FitTriRun a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and FitTriRun's business operations.

6.2 Representations and Warranties

You represent and warrant that:

• You own or have the necessary rights to the User Content you submit;
• The User Content does not infringe upon the intellectual property rights or other rights of any third party;
• The User Content complies with these Terms and all applicable laws and regulations.

6.3 Monitoring and Removal

We have the right, but not the obligation, to monitor, edit, or remove any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

7. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website;
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose;
• Use any manual process to monitor or copy any of the material on the Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• Use the Website to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material;
• Impersonate or attempt to impersonate FitTriRun, a FitTriRun employee, or another user;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website;
• Use the Website in any way that violates any applicable law or regulation.

8. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by FitTriRun. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that FitTriRun shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FITTRIRUN DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FITTRIRUN DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.2 Health and Fitness Disclaimer

The information provided on the Website is for general informational purposes only and is not intended as, and should not be considered a substitute for, professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or fitness program.

FitTriRun does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by FitTriRun, FitTriRun employees, or others appearing on the Website is solely at your own risk.

9.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FITTRIRUN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE;
• ANY CONTENT OBTAINED FROM THE WEBSITE; OR
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL FITTRIRUN'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE WEBSITE EXCEED ONE HUNDRED EUROS (€100).

10. Indemnification

You agree to indemnify, defend, and hold harmless FitTriRun, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:

• Your violation of these Terms;
• Your violation of any rights of any other person or entity;
• Your User Content;
• Your use of the Website.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

11.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or your use of the Website shall be resolved through the following process:

1. Informal Resolution: We encourage you to contact us first to seek an informal resolution of any disputes.
2. Mediation: If the dispute cannot be resolved informally, either party may initiate mediation by providing written notice to the other party.
3. Arbitration: If the dispute is not resolved through mediation, it shall be finally settled by binding arbitration in Amsterdam, the Netherlands, in accordance with the Rules of Arbitration of the Netherlands Arbitration Institute.

11.3 Venue

Any legal action or proceeding arising out of or relating to these Terms that is not subject to arbitration shall be brought exclusively in the courts of Amsterdam, the Netherlands, and you consent to the personal jurisdiction of such courts.

12. Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website or contact us at [email protected].

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and FitTriRun regarding the use of the Website and supersede all prior and contemporaneous written or oral agreements between you and FitTriRun.

16. Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

17. Contact Information

If you have any questions about these Terms, please contact us at: