Please carefully read the following Terms of Service ("TOS") to understand your use of Running with the Mind's education service (the "Service") located at www.rwtm.org ("Site"). This is a legal agreement between you and Running with the Mind, LLC (the "Company"). Company reserves the right to revise the TOS in its sole discretion and at any time without prior notice to you other than by posting the revised TOS on the Site. Any revisions to the TOS are effective upon posting. It is your responsibility to review these TOS periodically for any modifications or changes. By use or continued use or access to the Site or Service after Company modifies and changes the TOS in any way, you agree to be legally bound by the revised TOS. You may not alter the TOS in any way without Company's express written consent.
You understand that by using the Company's Service through the Site in respect to your account at Catapult, you agree to be bound by the TOS. If you do not accept the TOS in their entirety, you may not access or use the Site or Service offered by Company.
1. Use of the Company's Service and Site.
(a) Age Requirement. You must be over the age of 18 to use the Service. Only those parties that can lawfully enter into and form contracts under applicable local or federal law may utilize Company's Service.
(b) Compliance. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable local or federal laws, regulations and rules when you use Company's Service and Site.
(i) Company solely and exclusively owns all intellectual property and other right, title and interest in and to the Company's Service and Site, except as expressly provided for in these TOS. You will not acquire any right, title or interest therein under these TOS or otherwise.
(ii) Company grants you a limited revocable license to access and use the Site and the Company's Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Site for purposes prohibited by Company; create derivative works based on the Products or any third party content available via the Site; or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach this TOS, Company may revoke the license granted to you.
2. General Rules for use of the Site and Service.
(a) Prohibited Actions. Except as may be expressly permitted by Company, you may not:
(i) impersonate another person, entity, business or organization even if that person,entity, business or organization is fictitious or does not actually exist;
(ii) interfere with the Company's Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
(iii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Company's Service;
(iv) use a robot, spider, bots or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology;
(v) collect electronic mail addresses or other information from third parties by using the Company's Service;
(vi) use any meta tags, search terms, key terms, or the like that contain Company's name or trademarks;
(vii) engage in any activity that interferes with another user's ability to use or enjoy the Company's Service;
(viii) engage in abusive language, behavior, or make threats to bodily harm, whether by electronic communication or mail correspondence towards Company, the employees of Company, or the clients of the company;
(ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.
(c) Modification of Site or Service. Company may modify the Company's Site and/or Service at any time with or without notice to you, and will incur no liability for doing so.
3. Accounts, Passwords and Security.
Certain features or services offered on or through the Site may require you to open an account with a username and password associated with an e-mail address. You are solely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Company or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. Company is not liable for any loss or damage arising from your failure to comply with these obligations.
4. Representations, Warranties, Indemnities.
(a) Mutual Representations and Warranties. You represent and warrant to Company and Company represents and warrants to you:
(i) that you or Company has the full power and authority to enter into and perform under these TOS,
(ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or Company is bound, and
(iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
(b) Representations and Warranties by You. You represent and warrant to Company that, in your use of Company's Service, the following:
(i) You are at least eighteen (18) years of age and you have the right and authority to enter into this agreement and to grant to Company all rights specified;
(ii) You will comply with all applicable local and federal laws, rules, and regulations.
(iii) You will not utilize Company's Site or Service to engage in any fraudulent or abusive actions as solely determined by Company.
(c) Indemnification. You shall defend and indemnify Company and any of its affiliates (including any directors, members, officers, employees and other representatives) and hold them harmless against any third party claims or expenses and losses resulting from breach or a claim which, if true, would constitute a breach of the foregoing representations and warranties or any of the agreements contained in these TOS, including reasonable attorneys' fees and expenses.
5. Disclaimers, Exclusions, and Limitations.
(a) Disclaimer of Warranties. Company Provides the Site and Company's Service on an "as is" and "as available" basis. Company does not represent or warrant that the Site, Company's Service or its use:
(i) Will be uninterrupted,
(ii) Will be free of inaccuracies or errors
(iii) Will meet your requirements, or
(iv) Will operate in the configuration or with the hardware or software you use.
Company makes no warranties other than those made expressly in these TOS, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
(b) Exclusion of Damages. In no event will Company, its officers, directors, employees or agents be liable to you for any damages whatsoever for any consequential, incidental, indirect, punitive or special damages (Including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the Company's Service or Site, based on any cause of action, even if advised of the possibility of such damages.
(c) Limitation of Liability. In no event will Company, its officers, directors, employees or agents be liable to you for any damages whatsoever, including, without limitation, indirect, incidental, special, punitive or consequential damages arising out of or in connection with your use of the Site, Services, Company products or any Company content, no matter whether the damages are foreseeable and whether or not Company has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will Company’s aggregate liability to you exceed One Hundred Dollars ($100).
12. Dispute Resolution
(a) Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND COMPANY AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
(b) Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a "Notice"), or, in the absence of a mailing address provided by you to Company, to you via any other method available to Company, including via e-mail. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the "Demand"). If you and Company do not reach an agreement to resolve the claim within 90 days after the Notice is received, you or Company may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. You are solely responsible for the payment of any filing fee(s).
(c) Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Company agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) No Class Actions. YOU AND COMPANY AGREE THAT YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
(e) Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of Texas in conducting the arbitration. You acknowledge that this Agreement and your use of the Service and the Site evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.
(f) Applicable Law. This Agreement and your use of the Service and the Site shall be governed by the substantive laws of the State of Colorado without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and Company under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located inBoulder, Colorado, and you and Company hereby submit to the personal jurisdiction and venue of these courts.
(g) Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Company seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Company or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Company, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in this Agreement.
(h) Claims. You and Company agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement, the Services or the use of the Site, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
(i) Improperly Filed Claims. All claims you bring against Company must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Company may recover attorneys' fees and costs up to $5,000, provided that Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.