Last Revised: January 1st, 2026
The Run SMART Project, LLC and its affiliates, successors, and assigns (“TRSP,” “we,” “our,” or “us”) own and operate: (a) the website located at www.vdoto2.com (each, a “Website” and collectively, the “Websites”); and (b) related mobile and web applications, products, and services, including without limitation the V.O2 mobile and web application, the V.O2 Marketplace, the VDOT Running Calculator, V.O2 Certification Exam, private coaching services, custom training plans (standard and premium), dashboards, tools, content, race result pages, rankings, and community features and any other services, data, software or materials provided by us (collectively, the “Services”). Each mobile application is referred to as an “App,” and collectively, the “Apps.”
These Terms of Service, together with our Privacy Policy (available at https://vdoto2.com/privacy) (collectively, the “Terms”), govern your access to and use of the Services. These Terms apply to all users of the Services, including non-registered users, registered users, athletes, coaches, and high school coaches.
“You,” “your,” “User,” and “Users” refer to any person or entity who accesses or uses the Services, including without limitation, registered athletes, TRSP coaches, external coaches, high school coaches, and non-registered visitors.
If you accept these Terms on behalf of an organization or other legal entity, you represent that you have authority to bind that entity, and “you” includes that entity. If you do not have such authority, you may not use the Services.
Questions may be directed to info@vdoto2.com or 1-888-707-3370.
1. Changes to These Terms
We may update these Terms from time to time at our discretion. You should review the Terms each time you use the Services. New features or Services will be subject to the Terms in effect at the time of use.
We will provide notice of updates by posting a notice or requiring acceptance upon login, or by displaying a notice within the Website or App. Continued use of the Services after notice constitutes acceptance of the updated Terms.
2. Eligibility; Minors; Parental Responsibility
Eligibility. You may use the Services only if you are legally able to enter into and agree to these Terms. The Services are available to individuals who are at least 18 years old, or at least 13 years old with valid parental or legal guardian consent.
Minors. If you are under 18 years of age, your parent or legal guardian must create your account or expressly authorize your use of the Services and agree to these Terms on your behalf. By permitting a minor to use the Services, the parent or legal guardian represents and warrants that they have reviewed and agree to these Terms and assume full responsibility for the minor’s use of the Services.
High School Coaches and Team Accounts. Certain coaches, including high school coaches, may create or manage accounts for athletes or teams. By creating or managing an account for any athlete under 18, the coach represents and warrants that they have obtained valid parental or legal guardian consent for the athlete’s participation and use of the Services. Coaches agree to maintain records of such consent and to provide proof upon request. TRSP relies on these representations and disclaims any obligation to independently verify parental consent.
We may change eligibility requirements or restrict access to the Services at any time.
3. Privacy
We collect and use personal information as described in our Privacy Policy. By using the Services, you consent to the collection, use, and sharing of information as described therein.
We may share information with other Users and with authorized third parties (including payment processors and analytics providers) as necessary to operate the Services, process payments, prevent fraud, and improve functionality, each as further described in the Privacy Policy. Certain profile information may be visible to other Users, and Users may communicate with one another through the Services.
4. Account Registration and Security
While you may access some of the Services without registration, access to many features requires registration.
You agree to provide us with complete, accurate, and updated account and profile information. Incorrect or outdated information may lead to delays or errors or in the termination or suspension of your account.
You are solely responsible for maintaining the security and confidentiality of your login credentials and for all activity occurring under your account. TRSP is not liable for any damages or losses resulting from unauthorized account access. Please notify us at info@vdoto2.com immediately if you suspect unauthorized use of your account.
If you are using the Service from a country other than the country where our servers are located, your information may be transferred internationally. By using the Services, you consent to such transfers.
5. Consent to Receive Communications
After registering for an account, you may receive periodic email communications regarding the operations of our Services. You cannot opt out of receiving these communications while you continue to use our Services. You may also receive promotional communications, which you can opt out of at any time by following the unsubscribe mechanism or adjusting your account preferences.
Users may communicate with each other through the Services, subject to your account settings.
6. Third-Party Services and Accounts
The Services may contain links to third-party websites, resources or allow integration with third-party accounts (such as Strava, Garmin, or social media platforms). We are not responsible or liable for: (i) the availability or accuracy of such websites, resources or accounts; or (ii) the content, products, or services on or available from such websites, resources or accounts. Links to such websites, resources or accounts do not imply our endorsement of them. You assume all risk arising from your use of any such websites, resources or accounts. TRSP does not control and is not responsible for third-party services or content.
You may have the option to sign into the Services using or connect the Services with an existing third party account including, without limitation, Facebook, Strava, Garmin or other social media services (collectively, "Third Party Accounts"). By connecting with Third Party Accounts, you consent to the continuous release of information about you to others via the Services (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature. You can disable the connection between your TRSP account and any Third Party Account by accessing the "Settings" section of the Services or, as applicable, by directly removing the link in your Facebook account.
Your relationship with third-party providers is governed solely by your agreements with those providers. You assume all risk arising from use of third-party services.
BY USING THE SERVICES, YOU EXPRESSLY RELEASE AND HOLD HARMLESS TRSP FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY WEBSITE, SERVICES OR ACCOUNTS.
7. Location-Based Services
We may offer features that are based on the location of users and which may report on those users’ current locations (the "Location-Based Services"). The use of Location-Based Services is solely at your discretion. Should you use Location-Based Services including via a connected Third Party Account, you consent to collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or for any damages therefrom, arising out of your informed decision to disseminate your location information together with your profile information through the Services.
8. V.O2 Community Features; Race Results; Rankings
The Services may include community and performance features, including race result pages, rankings, leaderboards, and related tools (“Community Features”).
Race Results and Rankings. Participation in races or events may result in your performance information appearing in race results and rankings, including age-group and distance-based rankings.
Athlete Visibility. Other Users may view limited athlete race result pages, including a profile page displaying selected information such as country and other race results.
Opt-Out. You may be able to opt out of certain Community Features through your account settings. However, certain information may remain visible where necessary to preserve the integrity of race results, rankings, and historical records.
9. Coaching Certification and User Advice
You may be able to register for and purchase access to the VDOT Certification Exam, available at https://vdoto2.com/vdot-coaching-certification, and related materials (the "Exam") through the Services. Upon successful completion of the Exam, you may receive a digital Badge indicating that you are a VDOT O2 Distance Running Coach "Certified by Dr. Jack Daniels" (a "Badge") and the year that you received certification. We do not guarantee that all Users who purchase and take the Exam will pass the exam, be issued a Badge, or become certified. Further, the Badges are only an indication of the successful completion of the Exam.
We do not verify any qualifications of any User, including Coaches, even if they post or claim to have earned a Badge, nor do we adopt, endorse, or accept responsibility for the accuracy or reliability of any information you receive from other Users, including Coaches, whether or not they have a Badge.
We expressly disclaim all liability for the conduct, statements, training plans, information, and advice of all Users, including those who have been issued a Badge. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on User information. You are solely responsible for ensuring that any information received from another User is accurate, complete and useful.
10. Proprietary Rights
TRSP Content. Except as otherwise provided herein, the Services and all content appearing therein are the exclusive property of TRSP or our licensors and are protected by copyright, trademark, patent, trade secret, and other applicable laws. All trademarks, service marks, and trade names that appear on the Services and the overall "look and feel" of the Services (collectively the "Marks") are proprietary to TRSP, or the respective owners of such Marks (collectively, "TRSP Content"). You may not display, reproduce, or otherwise use TRSP Content, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Any unauthorized use of any TRSP content or materials on the Services is strictly prohibited.
Subject to your compliance with these Terms and applicable law, you may access and use the Services and the TRSP Content (excluding software code). We (and our licensors) remain the sole owner of all right, title, and interest in the Services and TRSP Content. We reserve all rights not granted under these Terms. In addition, any content that we provide to you is licensed on a personal, revocable, non-sublicensable, non-assignable and non-exclusive basis. You will not use, copy, adapt, modify, hack, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No ownership rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted in these Terms.
11. User Content and Conduct
User Content. You acknowledge and agree that if you contribute any content to the Services including, without limitation, through (i) personal communications, including commentary, with other Users through the Services, including available internal communication tools, (ii) uploading any photographs or other digital content (iii) sharing of any personal information in a User profile, or (iv) any other content you contribute to the Services ("User Content"), you hereby grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in order to provide and promote the Services and our business. You retain all rights in your User Content, subject to the rights granted to TRSP in this Agreement.
By accessing the Services, you agree that you will not contribute any User Content or otherwise use the Services in a manner that: (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without TRSP’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of TRSP; (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vii) uses any manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Services or (viii) attempts to decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.
No Confidential Submissions. Submissions to TRSP are non-confidential unless expressly agreed otherwise.
User Interactions. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN COMMUNICATING OR INTERACTING WITH OTHER USERS, MEETING IN PERSON, SENDING MONEY TO ANOTHER USER OR OTHERWISE SHARING PERSONAL INFORMATION. YOU UNDERSTAND AND AGREE THAT TRSP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS. TRSP DOES NOT CONTROL, ENDORSE, HAVE ANY ASSOCIATION WITH, TAKE ANY RESPONSIBILITY FOR OR OTHERWISE MAKE ANY CLAIMS, REPRESENTATIONS, GUARANTEES OR WARRANTIES REGARDING, THE ACCURACY OR QUALITY OF ANY CONTENT, SERVICES, OR PRODUCTS OFFERED BY ANY USER, OR ANY USER’S PERFORMANCE, SKILLS, OR ATHLETIC ABILITIES, THE CONDUCT OF ANY USER, OR A USER’S COMPLIANCE WITH RELEVANT LAWS OR REGULATIONS, AND TRSP DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. TRSP CANNOT AND DOES NOT MAKE ANY GUARANTEES OF THE CREDENTIALS, CREDIT WORTHINESS, HONESTY, OR BEHAVIOR OF ANY OF THE USERS OF OUR SERVICES. TRSP IS NOT, AND SHALL NOT BE CONSTRUED AS, A PARTY TO TRANSACTIONS BETWEEN USERS, INCLUDING FOR PREMIUM SERVICES, WHETHER OR NOT TRSP RECEIVES SOME FORM OF REMUNERATION IN CONNECTION WITH THE TRANSACTION, AND TRSP WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF OR RELATED TO SUCH TRANSACTION.
12. Sports Organization Rules
Certain sports organizations have rules on amateurism and eligibility that could be implicated if you post User Content within the Services, even User Content that you believe is noncommercial in nature. It is your responsibility to determine whether posting User Content within the Services will affect your eligibility to participate in any sport under any applicable rules of any sports organization.
13. Premium Services and Payments
Certain Services, such as enhanced products, Services, features and functionality (e.g., custom training plans, private coaching, VDOT Coach, VDOT Coaching Clinics, VDOT Certification, Coaching Products and other Services available via the V.O2 Marketplace, etc.) are only available for a fee ("Premium Service(s)"). By registering for and using any of the Premium Services, you agree to our Terms, and any additional terms and conditions that are applicable to such Premium Services.
By signing up for and using the Premium Services, you agree to pay any taxes, fees, or other incurred charges that apply to the Premium Services including, without limitation, registration and subscription fees. When you sign up for the Premium Services, you must designate and provide information including billing information and your preferred payment method ("Payment Method"). This information must be complete and accurate, and you are responsible for keeping it up to date. Your failure to maintain complete and accurate billing information may result in the termination of your access to the Services.
We use third party service providers to process payment information. By using the Services, you authorize TRSP to share transaction information with the service provider, and you are giving TRSP (or a third-party payment processor, on its behalf) permission to charge your on-file credit card, for all fees associated with the Services. All payment information that you provide must be accurate, complete, and current. By providing credit card or other payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and fees). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your purchase may be suspended or cancelled. You acknowledge that the amount billed may vary due to changes to your subscriptions or purchases, fee changes, or changes in applicable taxes or other transactional fees, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
All fees due for the Premium Services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly Premium Service period, as applicable. We will not refund any fees already paid to us, even if you cancel your subscription before the end of a payment period.
VDOT COACH SERVICES WILL AUTO-RENEW UNTIL YOU ELECT TO CANCEL YOUR SUBSCRIPTION. All other Premium Services will terminate in accordance with the plan you have chosen or product you have purchased.
Should you wish to terminate the Premium Services before the end of your subscription plan, please notify us in writing at info@vdoto2.com. VDOT Coach subscribers can cancel their subscriptions at any time directly in the App. All purchases of Premium Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service.
Notwithstanding the foregoing, if you reside in the European Union and register for the Premium Services, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days (the "Cooling-off Period"). Refunds will not, however, be provided if you have accessed the Services at any time during the Cooling-off Period.
Fee Changes. To the maximum extent permitted by applicable laws, we may change our prices for Premium Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on the Websites or Apps, or on or through the applicable Premium Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Premium Service prior to the change going into effect
14. Coaching Clinics
You may be able to register for VDOT Coaching Clinics via the Services. You assume all risks associated with your attendance and participation in all related on and off site activities. BY REGISTERING FOR A VDOT COACHING CLINIC YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TRSP AND ALL OF OUR AGENTS ASSISTING WITH THE EVENT, SPONSORS AND THEIR REPRESENTATIVES AND EMPLOYEES FROM ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATED TO YOUR ATTENDANCE AND PARTICIPATION.
You also grant permission to all of the foregoing to use your photographs, motion pictures, recordings or any other record of the VDOT Coaching Clinic for any legitimate purpose. By registering, you acknowledge having read and agreed to the above waiver.
15. Warranties and Indemnification
You represent that your use of the Services complies with these Terms and applicable law. You agree to indemnify and hold harmless TRSP from claims arising from your use of the Services, User Content, or violation of these Terms.
16. Copyright Infringement (DMCA)
Written Notification. TRSP has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). TRSP may, in appropriate circumstances and at its discretion, disable and/or terminate access to Users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TRSP’s DMCA Agent the following information (to be effective, the notification must be in writing and provided to our DMCA Agent):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located;
4. your address, telephone number, and, if available, email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Upon receipt of a valid written notification containing the information as outlined in 1 through 6 above, TRSP shall, (i) remove or disable access to allegedly infringing content; (ii) forward the written notification to the alleged infringer; and (iii) take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the allegedly infringing content.
Counter Notification. To be effective, a counter notification must be a written communication provided to TRSP’s DMCA Agent that includes substantially the following:
1. your physical or electronic signature;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; and
4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if your address is outside of the United States, for any judicial district in which TRSP may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a valid counter notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and TRSP will comply with this requirement within a reasonable time (or as otherwise required by law), provided the TRSP DMCA Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain you from engaging in infringing activity relating to the material on the TRSP network or system.
DMCA Agent. The TRSP agent for notice of claims of copyright or other intellectual property infringement can be reached at the following address:
Attention: DMCA Agent
989 Amsterdam Ave, .5A, New York, NY 10025
17. Termination
You may terminate your account at any time. TRSP may suspend or terminate access for violations of these Terms, non-payment, or other lawful reasons.
Provisions of these Terms which should survive termination will survive, including without limitation, any provisions regarding intellectual property rights, disclaimer of warranties, indemnification, limitation of liability and governing law.
18. Disclaimer of Warranties
IN ADDITION TO ANY DISCLAIMERS SET FORTH ELSEWHERE IN THESE TERMS, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRSP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES REGARDING: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS, COACHES, ATHLETES, OR THIRD PARTIES; (C) USER CONTENT OR ANY OTHER CONTENT, INFORMATION, OR DATA MADE AVAILABLE THROUGH THE SERVICES; AND (D) ANY ADVICE, INSTRUCTIONS, TRAINING PLANS, CERTIFICATIONS, COACHING SERVICES, OR INFORMATION OBTAINED THROUGH THE SERVICES, WHETHER PROVIDED BY TRSP OR BY OTHER USERS.
WITHOUT LIMITING THE FOREGOING, TRSP EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
TRSP DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, AVAILABLE, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. TRSP DOES NOT WARRANT THAT THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES ARE FREE OF VIRUSES, BUGS, WORMS, TROJAN HORSES, MALWARE, OR OTHER HARMFUL COMPONENTS, OR THAT ANY TRANSMISSIONS OF INFORMATION WILL BE SECURE OR ENCRYPTED.
TRSP DOES NOT CONTROL, PRE-SCREEN, VERIFY, ENDORSE, OR ASSUME RESPONSIBILITY FOR USER CONTENT OR FOR THE CONDUCT OF ANY USER, INCLUDING COACHES, WHETHER OR NOT THEY HAVE RECEIVED A CERTIFICATION OR BADGE. TRSP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY USER’S CREDENTIALS, QUALIFICATIONS, CREDITWORTHINESS, HONESTY, BEHAVIOR, ATHLETIC ABILITY, OR COMPLIANCE WITH LAW. USER CONTENT, INCLUDING TRAINING ADVICE OR PROGRAMS, SHOULD NOT NECESSARILY BE RELIED UPON AND IS PROVIDED AT YOUR OWN RISK.
TRSP DOES NOT GUARANTEE ANY PARTICULAR RESULTS, OUTCOMES, PERFORMANCE IMPROVEMENTS, OR ACHIEVEMENT OF GOALS THROUGH USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR ATHLETIC PERFORMANCE, HEALTH, AND RESULTS, AND THAT ANY RELIANCE ON THE SERVICES OR CONTENT IS AT YOUR OWN RISK.
TRSP IS NOT A PARTY TO ANY TRANSACTIONS OR AGREEMENTS BETWEEN USERS AND DISCLAIMS ALL LIABILITY ARISING FROM SUCH TRANSACTIONS, INCLUDING PAYMENTS, DELIVERY OF SERVICES, OR PERFORMANCE BY ANY USER OR THIRD PARTY.
ALTHOUGH TRSP TAKES REASONABLE MEASURES TO MAINTAIN THE SECURITY AND FUNCTIONALITY OF THE SERVICES, TRSP DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, DELAYS, OR SECURITY BREACHES, AND IS NOT LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM SUCH ISSUES.
TO THE EXTENT THAT ANY DISCLAIMER OR LIMITATION SET FORTH IN THESE TERMS IS HELD TO BE UNENFORCEABLE UNDER APPLICABLE LAW, SUCH DISCLAIMER OR LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19. No Medical Advice; Assumption of Risk; Release and Waiver; Limitation of Liability
NO MEDICAL ADVICE. YOU ACKNOWLEDGE AND AGREE THAT TRSP IS NOT A MEDICAL PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSES, OR TREATMENT. THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT, TRAINING PLANS, COACHING SERVICES, CERTIFICATIONS, RACE RESULTS, RANKINGS, COMMUNITY FEATURES, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES (WHETHER PROVIDED BY TRSP, OTHER USERS, COACHES, OR THIRD PARTIES), ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. THE SERVICES ARE NOT A SUBSTITUTE FOR MEDICAL CONSULTATION, EXAMINATION, DIAGNOSIS, OR TREATMENT.
YOU SHOULD ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING YOUR HEALTH, FITNESS, OR MEDICAL CONDITION. NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF INFORMATION OBTAINED THROUGH THE SERVICES. IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR EMERGENCY SERVICES IMMEDIATELY. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT, COACH-PATIENT, THERAPIST-PATIENT, OR ANY OTHER HEALTHCARE OR FIDUCIARY RELATIONSHIP BETWEEN YOU AND TRSP.
ASSUMPTION OF RISK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ATHLETIC AND FITNESS-RELATED ACTIVITIES, INCLUDING RUNNING, TRAINING, RACING (INCLUDING VIRTUAL RACES), COACHING, AND USE OF TRAINING PLANS OR PERFORMANCE DATA, INVOLVE INHERENT AND SIGNIFICANT RISKS. THESE RISKS INCLUDE, WITHOUT LIMITATION, PROPERTY DAMAGE, MINOR OR SERIOUS BODILY INJURY, ILLNESS, PERMANENT DISABILITY, PARALYSIS, CARDIOVASCULAR EVENTS, AND DEATH. YOU VOLUNTARILY AND EXPRESSLY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES AND PARTICIPATION IN ANY ATHLETIC ACTIVITY, WHETHER SUCH RISKS ARISE FROM YOUR OWN ACTIONS, THE ACTIONS OR INACTIONS OF OTHER USERS, OR THE ACTIONS OR INACTIONS OF TRSP OR THIRD PARTIES.
YOU REPRESENT AND WARRANT THAT YOU ARE PHYSICALLY FIT, SUFFICIENTLY TRAINED, AND MEDICALLY CLEARED (IF NECESSARY) TO PARTICIPATE IN ATHLETIC ACTIVITIES AND USE THE SERVICES, AND THAT YOU HAVE NOT BEEN ADVISED BY A MEDICAL PROFESSIONAL TO REFRAIN FROM SUCH ACTIVITIES. PARTICIPATION IN THE SERVICES IS VOLUNTARY AND AT YOUR OWN RISK.
RELEASE AND WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE TRSP AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PARTICIPATION IN ATHLETIC ACTIVITIES, INCLUDING WITHOUT LIMITATION CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, MEDICAL OR ECONOMIC LOSS, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
NO GUARANTEE OF RESULTS. YOU ACKNOWLEDGE THAT TRSP DOES NOT GUARANTEE ANY PARTICULAR ATHLETIC RESULTS, PERFORMANCE OUTCOMES, IMPROVEMENTS, OR ACHIEVEMENT OF GOALS. YOU ARE SOLELY RESPONSIBLE FOR YOUR HEALTH, SAFETY, AND PERFORMANCE DECISIONS.
LIMITATION REGARDING USERS AND THIRD PARTIES. YOU ACKNOWLEDGE THAT TRSP DOES NOT CONTROL OR SUPERVISE USERS, COACHES, EVENTS, OR THIRD-PARTY SERVICES, AND IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE. YOU AGREE THAT ANY INTERACTIONS, TRAINING, EVENTS, OR TRANSACTIONS WITH OTHER USERS OR THIRD PARTIES ARE AT YOUR OWN RISK.
MINORS. IF A MINOR USES THE SERVICES, THE PARENT OR LEGAL GUARDIAN EXPRESSLY AGREES TO ASSUME ALL RISKS AND RESPONSIBILITIES ASSOCIATED WITH THE MINOR’S USE OF THE SERVICES AND PARTICIPATION IN ATHLETIC ACTIVITIES, AND AGREES TO THE RELEASE AND WAIVER SET FORTH IN THIS SECTION ON BEHALF OF THE MINOR AND THEMSELVES.
SEVERABILITY AND JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH CASES, THE ABOVE RELEASES AND LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF ANY PORTION OF THIS SECTION IS HELD INVALID OR UNENFORCEABLE, THE REMAINDER SHALL CONTINUE IN FULL FORCE AND EFFECT.
20. Dispute Resolution; Arbitration; Class Action Waiver
You agree that your use of the Services in another jurisdiction does not give rise to personal jurisdiction over TRSP in jurisdictions other than New York. The laws of the State of New York will govern these Terms and the relationship between you and TRSP as if you signed these Terms in New York, without regard to New York State’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK. In any such proceeding, you agree that service may be made upon you via e-mail at your e-mail address that we then have on-file.
This Section 20 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and TRSP, you will first contact TRSP and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of TRSP’s Services, or relating in any way to TRSP’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and TRSP. However, this arbitration agreement does not (a) govern any Claim by TRSP for infringement of its intellectual property or access to the Services that (including the Website) is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access the Services or the date you receive any Services by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and TRSP are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to The Run SMART Project, LLC.,989 Amsterdam Ave, .5A, New York, NY 10025. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $100, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to the below subsection entitled "Class Action Waiver."
Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and TRSP each waive any right to a jury trial.
21. Modification of Services
TRSP may modify or discontinue the Services at any time without liability to you or anyone else. Users shall bear sole responsibility for backing up their User Content and all other content or materials. If the modified Services are not acceptable to you, your sole remedy is to stop using the Services and, if applicable, to terminate your Subscription Agreement.
22. Miscellaneous
These Terms, including our Privacy Policy, which is incorporated herein by reference, contain the entire agreement between you and us regarding the use of the Service. If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Even after your access to the Service is terminated, or your use of the Service discontinues, these Terms will remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver, provided by one of our authorized representatives.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship.
No party shall be liable to another party for failure perform its obligations under these Terms if such failure is caused by any event or condition not reasonably within the control and anticipation of the affected party, including, without limitation, by fire, flood, typhoon, earthquake, explosion, strike, labor trouble or other industrial disturbance, unavoidable accident, war (declared or undeclared), act of terrorism, sabotage, embargo, riot, or any other cause beyond the control of the parties ("Force Majeure"), provided that the affected party promptly notifies the other party of the occurrence of such event or condition and takes reasonable steps necessary to resume performance of its obligations.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation. Whenever the words "include," "includes" or "including" are used in the Terms, they shall be deemed to be followed by the words "without limitation." Whenever the word "or" is used in the Terms, it shall not be deemed exclusive. The definitions contained in the Terms are applicable to the singular as well as to the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. Any pronouns used herein shall include the corresponding masculine, feminine or neuter forms.
Regardless of any statute or law to the contrary, any claim or cause of action related to the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Additional Terms of Service for Users of the V.O2 Marketplace.
In addition to all other Terms and policies of TRSP, the following terms apply to Users who access the V.O2 Marketplace ("V.O2 Terms"). In the event of a conflict between these V.O2 Terms and the Terms of Service above, these VDOT O2 Terms shall control.
The V.O2 Marketplace provides a communications platform for enabling connections between Users, including individual Users providing running training services (each, a "Coach") and registered Users seeking coaching services (each, an "Athlete"). The coaching services offered or provided in connection with the V.O2 Marketplace are hereinafter referred to as "Coaching Products."
Through the V.O2 Marketplace, TRSP offers information and a method for Coaches to provide and Athletes to obtain Coaching Products, but TRSP does not and does not intend to provide Coaching Products ourselves. TRSP shall not control or have any right to control the manner or means by which the Coach provides Coaching Products, including but not limited to the time and place the Coaching Products are provided or the tools, methods and materials used by the Coach. TRSP does not supervise a Coach’s work, and has no responsibility or liability for any Coach or Coaching Products. TRSP is not the employer of any Coach.
Although we reserve the right to conduct background checks or other screening at any time by using third party services and available public records in accordance with applicable law, TRSP does not inquire into the backgrounds of its Users or attempt to verify the statements of its Users, including Coaches and Athletes.
1. Account Registration and Information.
By accessing the V.O2 Marketplace, you affirm that you are fully able and competent to enter into and comply with the Terms, including these VDOT Terms, and that all the information you submit is accurate and truthful. We only permit individuals who are (i) at least 18 years old or at least 13 years old and have their parent or guardian’s consent to the Terms and (ii) who can form legally binding contracts with us to use the V.O2 Marketplace.
We may still refuse to let certain people access or use the V.O2 Marketplace. We may also change our eligibility criteria at any time. We reserve the right, but are not obligated, to further limit the access of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
All Users participating in the V.O2 Marketplace must set up an account with our third party money services provider (currently, Stripe) and agree to its policies and to any transactional or other fees charged by the third party provider.
Coach Registration
Before becoming a Coach, you may be required to submit an application and provide certain requested information. TRSP reviews applications solely for aesthetic quality control and may require that the quality of the applicant’s photographs, text, and "look and feel" of a profile meet certain TRSP requirements.
Athlete Registration
In order to access certain services in the VDOT Marketplace, you may be required to register for an account and provide certain profile information such as your name, date of birth, gender, running/athletic history, address, credit card information, email-address, and other relevant details. Registered Users agree that profile information (other than address and credit card information) may be viewed by other Users.
2. Marketplace.
Once a Coach has been approved and activated his or her account, the Coach can then publish a public profile on the Services by providing certain required and optional information that may include, among other things, details regarding your name, location, certifications, photos, experience and expertise, Athlete requirements, availability, fees, and Coaching Products. Users can browse Coaches’ profiles on the Coaching Marketplace and Users, including registered Athletes, can submit requests to communicate with and purchase Coaching Products from the Coaches. The provision of Coaching Products is up to the Coaches and subject to availability; Coaches are not obligated to answer all communications or comply with any requests for the provision of Coaching Products. We reserve the right to cancel or to discontinue making certain Coaching Products available through the Services without prior notice.
3. Coaching Services Agreement.
Once an Athlete makes a purchase on the Services, an agreement has been made (the "Coaching Services Agreement"). Coaches publish minimum requirements for Athletes for each Coaching Product, and have the right to reject or cancel an Athlete’s purchase and the Coaching Services Agreement for any reason, at the Coach’s sole discretion. If a Coach cancels a purchase before the provision of Coaching services, the payment for that Coaching Product will be refunded. The third party processor may charge fees related to refunds or charge-backs; all Users should carefully review those terms.
Users are solely responsible for any issues arising from the use of the Services, including the Coaching Products. Any agreements created between Users are not binding on TRSP.
IN ADDITION TO ALL DISCLAIMERS SET FORTH IN THE TERMS OF SERVICE, WE ARE NOT LIABLE FOR, OR OBLIGATED TO ENFORCE, ANY AGREEMENTS BETWEEN A COACH AND AN ATHLETE.
4. Payments.
Users of the Services contract for Coaching Products directly with other Users. TRSP is not a party to any contracts for Coaching Products, including any Coaching Services Agreement, and makes no guarantees or warranties whatsoever regarding the performance or provision of Coaching Products or the Athlete’s ability to meet their payment obligations. The Services facilitate these contracts by supplying a medium through which Users can connect, contract for Coaching Products, and pay/be paid for those Coaching Products ("Payments").
Coaches may change the Coaching Products they offer from time to time. If your Coach changes a subscription Coaching Product, your subscription to the old Coaching Product will be cancelled, and you may have the opportunity to subscribe to a new Coaching Product. Changes to or cancellations of Coaching Products offered that require Athlete subscriptions will take effect at the start of the next subscription period following the date of the change, and you will not be able to use the Coaching Products unless you subscribe to the new Coaching Product.
No refunds or credits will be provided once the Athlete has been charged unless the Coach, in his or her sole discretion, cancels the purchase, or unless TRSP has made an error that needs to be corrected. No other refunds will be issued. The refund method will depend upon the payment method. You can cancel your subscription for a Coaching Product at any time directly in the App or by contacting your Coach directly. If you cancel your payment or subscription before the end of the current subscription period, we will not refund any subscription fees already paid.
While we will use commercially reasonable efforts to ensure the security of all credit card and other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Payment processing services are provided by third party payment processers and are subject to the fees, terms and policies of such third parties.
TRSP Fees
TRSP charges fees in connection with certain uses of the Services ("TRSP Fee(s)") and such fees are applied to any and all Coaching Services Agreements. The current TRSP Fee is twelve percent (12%) of the cost of the Coaching Product. This twelve percent (12%) fee, and any payment processing fees charged by the third party service provider (i.e. Stripe) will be automatically deducted from all payments made by Athletes before payment is distributed to the Coach.
Modifications of TRSP Fees will be effective upon written notification to User and will supersede any and all prior versions. By using the Services, you authorize TRSP to withhold TRSP Fees and any other applicable fees from the payments made to the Coach.
All obligations to pay fees related to the Services, including in connection with a Coaching Services Agreement, shall survive the termination of your account or termination of the Services.
Users expressly agree not to attempt to circumvent the Services by independently attempting to communicate with each other through alternative means; such Users will be subject to legal action and their access to the Services may be terminated.
5. Relationship of the Parties; Status.
Each Coach is an independent contractor and has not been engaged by TRSP to perform services on TRSP’s behalf. Rather, the Coach has entered into this Agreement for the purpose of having access to the Services. This Agreement shall not be construed to create any association, partnership, joint venture, joint employer, employee, worker or agency relationship between TRSP and any User or between Users for any purpose. Coaches have no authority (and shall not hold themselves out as having authority) to bind TRSP, and Coaches shall not make any agreements or representations on behalf of TRSP.
6. Coaches: Insurance; Taxes.
It is the sole responsibility of the Coaches to maintain in full force and effect, as applicable, adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, general liability, and other forms of insurance, in each case with insurers reasonably acceptable to TRSP with policy limits sufficient to protect and indemnify TRSP and its affiliates. WE RECOMMEND THAT ALL COACHES OBTAIN GENERAL LIABILITY INSURANCE.
TRSP will not be responsible for withholding or paying any income, payroll, Social Security, sales or value added tax, or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining workers' compensation insurance on Coaches’ behalf. Coaches shall be responsible for, and shall indemnify and hold TRSP harmless for any claims, suits, or actions related to this provision, including any such claims brought by any Coach or by any third party with respect to any claims for taxes or contributions, including penalties and interest.
7. Indemnity; Limitation of Liability.
IN ADDITION TO ALL OTHER LIMITATIONS OF LIABILITY AND DISCLAIMERS SET FORTH IN THE TERMS, USERS AGREE TO HOLD TRSP FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE FROM THE COACHING PRODUCTS. TRSP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY COACHING PRODUCT OR COMMUNICATION OR OTHER TRANSACTION BETWEEN USERS.
YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR PARTICIPATION IN AND PURCHASE OF THE COACHING PRODUCTS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TRSP AND ITS AFFILATES FROM ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE COACHING PRODUCTS.
8. Accident Waiver and Release of Liability.
IN ADDITION TO ALL OTHER WAIVERS, RELEASES, ASSUMPTIONS OF RISK, LIMITATIONS OF LIABILITY, AND DISCLAIMERS SET FORTH IN THE TERMS, BY USING THE V.O2 MARKETPLACE, YOU RELEASE, INDEMNIFY, AND COVENANT NOT-TO-SUE TRSP AND ITS AFFILIATES FROM ANY AND ALL PRESENT AND FUTURE CLAIMS RESULTING FROM THE USE OF THE SERVICES FOR ANY REASON WHATSOEVER, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, OR WRONGFUL DEATH, ARISING AS A RESULT OF ENGAGING IN OR RECEIVING COACHING PRODUCTS OR ANY ACTIVITIES INCIDENTAL THERETO, WHEREVER, WHENEVER, OR HOWEVER THE SAME MAY OCCUR. YOU HEREBY VOLUNTARILY WAIVE ANY AND ALL CLAIMS BOTH PRESENT AND FUTURE THAT MAY BE MADE BY YOU, YOUR FAMILY, ESTATE, HEIRS, OR ASSIGNS, AND RELINQUISH ON BEHALF OF YOURSELF, SPOUSE, HEIRS, ESTATE AND ASSIGNS THE RIGHT TO RECOVER FOR INJURY OR DEATH.
USERS ARE AWARE THAT COACHING PRODUCTS ARE DESIGNED FOR VIGOROUS ACTIVITIES THAT CAN INVOLVE SEVERE CARDIOVASCULAR STRESS, AND UNDERSTAND THAT PARTICIPATION IN THE SERVICES AND THE COACHING PRODUCTS CAN INVOLVE CERTAIN RISKS, INCLUDING, BUT NOT LIMITED TO, DEATH, SERIOUS NECK AND SPINAL INJURIES RESULTING IN COMPLETE OR PARTIAL PARALYSIS, BRAIN DAMAGE, AND SERIOUS INJURY TO VIRTUALLY ALL BONES, JOINTS, MUSCLES, AND INTERNAL ORGANS. YOU AGREE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THIS ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH. YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS TRSP AND ITS AFFILIATES FOR ANY AND ALL CLAIMS ARISING AS A RESULT OF YOUR PARTICIPATION IN COACHING PRODUCTS OR ANY ACTIVITIES INCIDENTAL THERETO, WHEREVER, WHENEVER, OR HOWEVER THE SAME MAY OCCUR. YOU FURTHER UNDERSTAND THAT THIS WAIVER IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY APPLICABLE LAW, AND AGREE THAT IF ANY PORTION IS HELD INVALID, THE REMAINDER OF THE WAIVER WILL CONTINUE IN FULL LEGAL FORCE AND EFFECT.
Additional Terms of Service for Users of the VDOT Challenge Virtual Racing Series.
In addition to all other Terms and policies of TRSP, the following terms apply to Users who enter and participate in the VDOT Challenge Virtual Racing Series ("VDOT Challenge Terms"). In the event of a conflict between these VDOT Challenge Terms and the Terms of Service above, these VDOT Challenge Terms shall control.
Indemnity; Limitation of Liability.
IN ADDITION TO ALL OTHER LIMITATIONS OF LIABILITY AND DISCLAIMERS SET FORTH IN THE TERMS, USERS AGREE TO HOLD TRSP FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE FROM VIRTUAL RACING (VC). TRSP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH PARTICIPATION IN THE VDOT CHALLENGE VIRTUAL RACING SERIES
YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR PARTICIPATION IN THE VDOT CHALLENGE VIRTUAL RACING SERIES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TRSP AND ITS AFFILIATES FROM ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE VDOT CHALLENGE VIRTUAL RACING SERIES.
Accident Waiver and Release of Liability.
IN ADDITION TO ALL OTHER WAIVERS, RELEASES, ASSUMPTIONS OF RISK, LIMITATIONS OF LIABILITY, AND DISCLAIMERS SET FORTH IN THE TERMS, BY PARTICIPATING IN THE VDOT CHALLENGE VIRTUAL RACING SERIES, YOU RELEASE, INDEMNIFY, AND COVENANT NOT-TO-SUE TRSP AND ITS AFFILIATES/SPONSORS FROM ANY AND ALL PRESENT AND FUTURE CLAIMS RESULTING FROM THE USE OF THE SERVICES FOR ANY REASON WHATSOEVER, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, OR WRONGFUL DEATH, ARISING AS A RESULT OF ENGAGING IN THE VDOT CHALLENGE VIRTUAL RACING SERIES OR RECEIVING COACHING PRODUCTS OR ANY ACTIVITIES INCIDENTAL THERETO, WHEREVER, WHENEVER, OR HOWEVER THE SAME MAY OCCUR. YOU HEREBY VOLUNTARILY WAIVE ANY AND ALL CLAIMS BOTH PRESENT AND FUTURE THAT MAY BE MADE BY YOU, YOUR FAMILY, ESTATE, HEIRS, OR ASSIGNS, AND RELINQUISH ON BEHALF OF YOURSELF, SPOUSE, HEIRS, ESTATE AND ASSIGNS THE RIGHT TO RECOVER FOR INJURY OR DEATH.
USERS ARE AWARE THAT THE VDOT CHALLENGE VIRTUAL RACES ARE DESIGNED FOR VIGOROUS ACTIVITIES THAT CAN INVOLVE SEVERE CARDIOVASCULAR STRESS, AND UNDERSTAND THAT PARTICIPATION IN THE VDOT CHALLENGE VIRTUAL RACES AND THE COACHING PRODUCTS CAN INVOLVE CERTAIN RISKS, INCLUDING, BUT NOT LIMITED TO, DEATH, SERIOUS NECK AND SPINAL INJURIES RESULTING IN COMPLETE OR PARTIAL PARALYSIS, BRAIN DAMAGE, AND SERIOUS INJURY TO VIRTUALLY ALL BONES, JOINTS, MUSCLES, AND INTERNAL ORGANS. YOU AGREE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THIS ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH. YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS TRSP AND ITS AFFILIATES FOR ANY AND ALL CLAIMS ARISING AS A RESULT OF YOUR PARTICIPATION IN COACHING PRODUCTS OR THE VDOT CHALLENGE VIRTUAL RACING SERIES OR ANY ACTIVITIES INCIDENTAL THERETO, WHEREVER, WHENEVER, OR HOWEVER THE SAME MAY OCCUR. YOU FURTHER UNDERSTAND THAT THIS WAIVER IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY APPLICABLE LAW, AND AGREE THAT IF ANY PORTION IS HELD INVALID, THE REMAINDER OF THE WAIVER WILL CONTINUE IN FULL LEGAL FORCE AND EFFECT.