1. Core Principles
When you use the Services, we collect the following information, and use it only as described below:
2.1. Account Information. This may include your name, address, email address and phone number. We use this information in the ways you would expect, such as to set up your Account or contact you.
2.2. Third Party Account Information. If you use Third Party Services, such as social media or photo-sharing services, you may provide us with your Third Party Services account information, such as your username (note that we don’t store any passwords you use to access Third Party Services). We transmit, and may store, such account information, only as needed to provide the Services, and only in accordance with the terms and policies of the Third Party Services.
2.4. Communications With Us. When you send us emails or other communications, such as customer support inquiries, we maintain those communications and their contents so that we can resolve your inquiries or otherwise assist you.
2.5. Public Comments On The Services. We maintain any comments, contributions to discussions or messages submitted to users of the Services, in order to provide the Services.
2.6. Files You Provide Us. When you use the Services, we store, process and transmit your User Content (such as your photos) and information related to your User Content (such as location tags in photos). We process and store such files and information in order to provide the Services, as described in our Terms of Service.
2.7. Usage Information. This includes information about your activity on and interaction with the Services, such as your IP address, your device or browser type, the webpage you visited before coming to our sites and identifiers associated with your devices. This information enables us to analyse how the Services are being accessed and used, and to track performance of the Services.
2.8. Location Information. Your devices (depending on your settings) may transmit location information to the Services. We use this information to customize, improve and protect the Services. For example, we may use your location information to determine local language preferences, or to geotag a post.
When you use the Services, we may share your information only as described below:
3.1. Third Parties You Authorize. You can give third parties access to your and your End Users’ information on the Services. For example, you may wish to integrate Your Sites with a third party newsletter service that requires access to the email addresses you collect from your End Users, in order for that newsletter service to send emails on your behalf and at your direction. Just remember that such third party’s use of this information will be governed by the terms and privacy policies of the third party.
3.2. Following The Law. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to comply with the law, protect our rights or prevent fraud or abuse of Runok or our users. When we receive law enforcement or national security requests for information, we strongly believe in privacy and transparency. We scrutinize such requests carefully and challenge vague, overbroad or otherwise unlawful requests. And when legally permitted, we provide our users with notice that their information is being requested. This notice is provided so that you have the opportunity to challenge such requests.
3.4. Business Transfers. If we’re involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal.
4. How we use your personal information
We use the personal information we obtain about you to:
Provision of the Services. Create and manage your Account, provide and personalize our Services, process payments and respond to your inquiries.
Communicating with you. Communicate with you, including by sending you emails about your transactions and Service-related announcements.
Surveys and contests. Administer surveys, contests and other promotions.
Promotion. Promote our Services and send you tailored marketing communications about products, services, offers, programs and promotions of Runok and our partners and measure the success of those campaigns. For example, we may send different marketing communications to you based on your subscription plan or what we think may interest you based on other information we hold about you.
Advertising. Analyze your interactions with our Services and third parties’ online services so we can tailor our advertising to what we think will interest you. For example, we may decide not to advertise our Services to you on a social media site if you already signed up for Paid Services or we may choose to serve you a particular advertisement based on your subscription plan or what we think may interest you based on other information we hold about you.
Improving our Services. Analyse and learn about how the Services are accessed and used, evaluate and improve our Services (including by developing new products and services and managing our communications) and monitor and measure the effectiveness of our advertising. We usually do this based on anonymous, pseudonymized or aggregated information which does not focus on you individually. For example, if we learn that most Users of Paid Services use a particular integration or feature, we might wish to expand on that integration or feature.
Security. Ensure the security and integrity of our Services.
Third party relationships. Manage our vendor and partner relationships.
Enforcement. Enforce our Terms of Service and other legal terms and policies.
Protection. Protect our and others’ interests, rights and property (e.g., to protect our Users from abuse).
Complying with law. Comply with applicable legal requirements, such as tax and other government regulations and industry standards, contracts and law enforcement requests.
We process your personal information for the above purposes when:
Consent. You have consented to the use of your personal information in a particular way. When you consent, you can change your mind at any time.
Performance of a contract. We need your personal information to provide you with services and products requested by you, or to respond to your inquiries. In other words, so we can perform our contract with you or take steps at your request before entering into one. For example, we need your email address so you can sign in to your Runok account.
Legal obligation. We have a legal obligation to use your personal information, such as to comply with applicable tax and other government regulations or to comply with a court order or binding law enforcement request.
Legitimate interests. We have a legitimate interest in using your personal information. In particular, we have a legitimate interest in the following cases:
To operate the Runok business and provide you with tailored advertising and communications to develop and promote our business.
To analyze and improve the safety and security of our Services – we do this as it is necessary to pursue our legitimate interests in ensuring Runok is secure, such as by implementing and enhancing security measures and protections and protecting against fraud, spam and abuse.
To provide and improve the Services, including any personalized services – we do this as it is necessary to pursue our legitimate interests of providing an innovative and tailored offering to our Users on a sustained basis.
To share your personal information with other Runok group companies that help us provide and improve the Services.
To anonymize and subsequently use anonymized information.
Protecting you and others. To protect your vital interests, or those of others.
Others’ legitimate interests. Where necessary for the purposes of a third party’s legitimate interests, such as our partners who have a legitimate interest in delivering tailored advertising to you and monitoring and measuring its effectiveness or our Users who have a legitimate interest in having their sites function properly and securely and analysing the usage of their sites so they can understand trends and improve their services.
While no service is completely secure, we have a security team dedicated to keeping your information safe. We employ security measures such as using firewalls to protect against intruders, building redundancies throughout our network and testing for and protecting against network vulnerabilities. Payment information is transmitted using HTTPS encryption, and we maintain a PCI DSS certification.
We’ll retain your personal information for as long as we need it to provide you with the Services. You can ask for your personal information to be deleted at any time by deleting your Account or contacting us at email@example.com . Please note that there may be latency in deleting your personal information from our servers and backup storage, and we may retain your personal information in order to comply with the law, protect our rights, resolve disputes or enforce our agreements.
To modify or delete the personal information you have provided to us, simply log into the Services and update your profile. We may retain certain information as required by law or for necessary business purposes. On request, we’ll provide you with a copy of your personal information that we maintain. This request may be subject to a fee not exceeding the prescribed fee permitted by law.
We may periodically email you service-related announcements. We’ll also send you emails related to your transactions. We may also send you marketing or promotional communications, but you can opt out of receiving subsequent marketing or promotional communications by clicking the link marked unsubscribe (or a similar phrasing) that’s included in those communications.
10. End User Information
10.3. End User Payment Information. Your End Users’ payment information may be processed via third party eCommerce Payment Processors with which you integrate your Account, in accordance with such eCommerce Payment Processors’ terms and policies. We transmit your End Users’ complete payment information when they initially provide or update it, only so that we can pass it along to the eCommerce Payment Processors you agree to use. We don’t collect or store your End Users’ payment information.
12. Website Disclaimer
Runok makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the information and materials provided. Runok, its officers, employees, affiliates, representatives or agents shall not be held liable for any damages or injury resulting from your access to, or inability to access, this Internet Site, or from your reliance on any information provided at this Internet Site. We are not lawyers so the information on this web site and any advice we give is given in good faith but if you are in any doubt you should consult a specialist law firm. Runok reserves the right to make changes to the information in this internet site, or to the services described therein without notice.
Runok Ads. We partner with third party publishers, advertising networks and service providers to manage our ads on other sites. Our third-party partners may set cookies on your device or browser to gather information about your activities on the Services and other sites you visit, in order to provide you with Runok ads. For example, if you visit Runok and also use a social media platform, you may see an Runok ad in your social media newsfeed or timeline.
Opting Out. You can set your browser to not accept cookies, but this may limit your ability to use the Services.
Pixels. A pixel tag, or pixel, is a small piece of code that can be embedded on websites and emails. We use pixels to learn how you interact with our site pages and emails, and this information helps us and our ad partners provide you with a more tailored experience. For example, if you visit our Runok website, a pixel will help us show you an ad for that page when you later visit a different fitness site.
Device Identifiers. We use device identifiers to track, analyse and improve the performance of the Services and our ads.
This Acceptable Use Policy outlines some examples of prohibited conduct in connection with our Services. Note that any capitalized terms not defined in this Acceptable Use Policy have the meanings set forth in our Terms of Service further below. If you have any comments or questions about this Acceptable Use Policy, feel free to contacts us.
As a Runok user, you agree not to misuse the Services or help anyone else do so. For example, you can’t do any of the following in connection with the Services:
1. Abusing And Disrupting The Services
1.1. Don’t probe, scan or test the vulnerability of any system or network.
1.2. Don’t breach or otherwise bypass any security or authentication measures.
1.3. Don’t access, tamper with or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to.
1.4. Don’t interfere with or disrupt any user, host or network (whether it’s Runok’s or someone else’s), for example by distributing malware or overloading, flooding or mail-bombing any part of the Services.
1.5. Don’t take apart, decompile or reverse engineer any part of the Services in an effort to access things such as source code or algorithms.
1.6. Don’t access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example, scraping, spidering or crawling).
1.7. Don’t take any action that imposes an unreasonable load on our infrastructure or our third party providers. (We reserve the right to determine what’s reasonable.)
1.8. Don’t provide your password to any other person, use any other person’s username and password, or otherwise manage the Services through shared credentials.
2. Spamming And Phishing
2.1. Don’t send spam or other unsolicited communications, promotions or advertisements. (We reserve the right to determine what constitutes spam.)
2.2. Don’t send altered, deceptive or false source-identifying information, including without limitation phishing or spoofing.
3. Deceiving And Impersonating Others
3.1. Don’t do anything that’s false, fraudulent, inaccurate or deceiving.
3.2. Don’t impersonate another person, company or entity.
3.3. Don’t engage in misleading or unethical marketing or advertising.
4.1. Don’t use unauthorized credit cards, debit cards or other unauthorized payment devices on the Services.
4.2. Don’t promote or advertise products or services other than your own without appropriate authorization.
4.3. Don’t sell the Services unless specifically authorized to do so, or publish or use the Services on any network or system other than those provided by Runok unless previously authorized by Runok
5. Infringing, Misappropriating And Violating Rights
5.1. Don’t infringe or misappropriate anyone’s copyright, trademark or other intellectual property rights.
5.2. Don’t violate anyone’s privacy or publicity rights.
6. Being Mean
6.1. Don’t do or post anything threatening, harassing, abusive, excessively violent, offensive, sexually explicit or obscene.
6.2. Don’t advocate bigotry or hatred against any person or group based on their race, ethnicity, nationality, religion, gender, gender identity, sexual preference, age or disability.
7. Breaking The Law
7.1. Don’t use the Services in violation of any English & Wales laws, regulations or sanctions.
7.2. Don’t do anything that otherwise violates the law regarding online conduct and acceptable content.
7.3. If we conclude that you’re violating any of these policies, or engaging in any other behaviour we deem abusive or inappropriate, we may take action against your Account or Your Sites. We try to ensure fair outcomes, but in all cases we reserve the right to remove any content or suspend your Account or Your Sites, without any refund of any amounts paid for the Services, without notice, at any time and for any reason. We reserve the right to enforce, or not enforce, this Acceptable Use Policy in our sole discretion.
You can report violations of these guidelines to us directly by emailing firstname.lastname@example.org .
We may modify this Acceptable Use Policy from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you in accordance with the procedures set forth in our Terms of Service.
TERMS Of Service
This Agreement is entered into this date by and between Runok, a sole trader under the laws of England & Wales (hereinafter “Company” or “Runok”), and the Buyer or User.
Please take some time to read this Agreement carefully. It includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, resolution of disputes by arbitration and a class action waiver.
We’ve tried to make this Agreement fair and straightforward, but feel free to contact us if you have any questions or suggestions.
1. Creating an Account
1.1. Signing Up. To use the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.
1.2. Staying Safe. Please safeguard your Account and make sure others don’t have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorised use of your Account or password. You’re solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.
1.3. Thirteen And Older. The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you’re at least 13. Also, if you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where you live).
2. Your Content
2.1. Your User Content Stays Yours. Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content stays yours. These Terms don’t give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.
2.2. Your License To Us. When you provide User Content via the Services, you grant Runok a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
2.3. Featuring Your Site. We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of Runok marketing and promotional activities. For example, we may feature Your Sites in our Testimonials, or on our social media accounts. This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites. If you don’t want Your Sites featured, you can opt out at any time via the Services or by contacting Customer Care.
3. Your Responsibilities
3.1. Only Use Content You’re Allowed To Use. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others’ intellectual property or other rights, so please don’t copy, upload, download or share content unless you have the right to do so.
3.2. Follow Our Rules. You’re responsible for your conduct and User Content, and you must comply with our Acceptable Usage Policy. We may review your conduct and User Content for compliance with these Terms and our Acceptable Usage Policy. With that said, we have no obligation to do so. We’re not responsible for User Content.
3.3. Follow The Law. You represent that your use of the Services is not contrary to law, including without limitation applicable England & Wales export controls, regulations and sanctions.
3.4. Share Responsibly. Our Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via our Services.
4. Third Party Services And Sites And User Content
4.1. Third Party Services. The Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as email services or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).
4.2. Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.
4.3. User Content. We haven’t reviewed and can’t review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services. You’re responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.
5. Our Intellectual Property
5.1. The Services from Runok may be protected by copyright, trademark and other English & Wales and foreign laws. These Terms don’t grant you any right, title or interest in the Services, trademarks, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.
5.2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
5.3. Our Demo Content Is For Private Use Only. We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials (“Demo Content”), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).
5.4. Our Betas Are Still In Beta. We may release products and features that we’re still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.
5.5. We May Use Open Source Software. Open source software is important to us. Some of the software used in the Services may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms.
6. Our Rights
6.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
6.2. How We Handle Ownership Disputes. Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.
9. Paid Services And Fees
9.1. Fees. You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). For example, to use our services you’ll need to pay a subscription fee. Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services or by contacting Customer Care. If you don’t pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.
9.2. Taxes. All fees are exclusive of applicable regional or other taxes (“Taxes”). You’re responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for the Services when required to do so. If you’re exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certificate.
9.3. Automatic Subscription Renewals. To ensure uninterrupted service, we’ll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you’re on a monthly subscription plan, each billable renewal period will be for one month. We’ll automatically charge you the applicable amount using the payment method you have on file with us.
9.4. Refunds. While you may cancel any Paid Services at any time, you won’t be issued a refund except in our sole discretion, or if legally required (such as for qualifying users outside the EU).
9.5. Fee Changes. We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don’t agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.
9.6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.
We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
9.8. Fees For Third Party Services. Third Party Services purchased via the Services may be subject to different refund policies that those Third Party Services determine, and they may be non-refundable. The purchase terms and conditions for such Third Party Services will be displayed during the purchase process, such as through a link to the purchase terms and conditions. It’s your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. We don’t offer refunds for purchases of Third Party Services.
10. Term And Termination
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact Customer Care by giving thirty (30) days prior written notice. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re violating these Terms or our acceptable usage policy. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.
11. Warranty Disclaimers
To the fullest extent permitted by law, Runok makes no warranties, either express or implied, about the Services. The Services are provided “as is.” Runok also disclaims any warranties of merchantability, fit for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Runok shall create any warranty. Runok makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
12. Limitation Of Liability
To the fullest extent permitted by law, in no event will Runok be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Runok has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Runok for all claims arising out of or related to the Services and this Agreement exceed the greater of ten pounds (£10) or the amounts paid by you to Runok in the three (3) months immediately preceding the event that gave rise to such claim. Some places don’t allow the types of limitations in this paragraph, so they may not apply to you.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Runok from and against all damages, losses and expenses of any kind (including without limitation reasonable lawyers’ fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.
14. Dispute Resolution
14.1. Informal Resolution. Before filing a claim against Runok, you agree to try to resolve the dispute by first emailing email@example.com with a description of your claim. We’ll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or Runok may then bring a formal proceeding.
14.2. Arbitration Agreement. You and Runok agree to resolve any claims arising from or relating to the Services or this Agreement through final and binding arbitration and you and Runok expressly waive trial by jury, except as set forth below. 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. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
14.3. Arbitration Time For Filing. Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
14.4. Arbitration Procedures. Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules Chartered Institute of Arbitrators. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree as to the selection of arbitrator, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.
14.5. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
14.6. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren’t allowed.
15. Additional Terms
15.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Runok regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.
15.2. Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the England & Wales, without regard to its conflict of law provisions.
15.3. Waiver, Severability And Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
15.4. Modifications. We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.
15.5. Translation. This Agreement was originally written in English (UK). We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.