Thank you for your interest in the Runnerís World Smart Coach Plus, a subscription-based website for beginner and advanced runners alike provided by Rodale Inc., the publisher of Runnerís World. Sign up for this program and receive a personalized training plan with distances and paces tailored to your running ability and training goals. You also get access to a private forum where Runnerís World editors are available to answer your training questions.
The best part of this service is the ability to make changes based on your experiences along the way. If you find that your plan is too easy or too hard, or if you miss some workouts due to an injury or illness, you can easily adjust your plan so that you don't miss a beat.† You will also receive daily emails with insider tips on how to maximize nutrition, prevent injury, and stay motivated to reach your running goals.You can also find motivation and support from other runners.
For a one-time subscription fee, you'll gain full access to Runner's World Smart Coach Plus website for (1) one, two (2), or twelve (12) calendar months, depending on the option you choose (your ďAccess TermĒ). You'll be charged a one-time fee for access to the Site.† Your access to the Site will automatically terminate at the conclusion of the Access Term. You can cancel your subscription at any time, but you won't be refunded the subscription charge or any portion of either. You might be offered the opportunity to continue your access after the conclusion of the Access Term, but there is no minimum or mandatory membership period beyond the initial Access Term.
Runner's World Smart Coach Plus details and terms of membership are provided below and form an agreement (the "Member Agreement"), so please take a moment to review them before you sign up.
Rodale Inc. ("Rodale", "us", "our", "we ") maintains this Internet site together with other Internet sites ("Sites") as a service to you and the Internet community. Unless otherwise noted, the content (images and text) ("Content") is the property of Rodale and protected by United States and international intellectual property laws. As a user of the Sites, you agree that you shall download and/or use Content solely for your personal, non-commercial use. You agree to all of the terms and conditions set forth herein and will not use the Sites until and unless you have agreed to these terms and conditions. You may not use the Content in any matter inconsistent with this Member Agreement ("Agreement") or applicable law, and you may not copy, modify or alter the Content without Rodale express prior written consent. Please note that the Runner's World Smart Coach Plus service and Website are available for intended for use by residents of the United States of America and Canada, except for the Province of Quebec, only. Please note that the Runners World Smart Coach Plus† service and Website are not available or intended for use by residents of the province of Quebec, Canada.
1. Medical Information 2. Offer, Payment and
Billing Terms 3. Message Boards, Email, Monitoring Third Party Content 4.
General Terms and Conditions
1. Medical Information
THE CONTENT AND OTHER INFORMATION PRESENTED ON THE SITES ARE FOR EDUCATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING. BEFORE STARTING THIS OR ANY TRAINING OR FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF ONE OR MORE OF OUR TRAINING AND/OR FITNESS PROGRAMS ARE RIGHT FOR YOUR NEEDS. DO NOT START A TRAINING OR FITNESS PROGRAM WITH US IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. RODALE RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBERSHIP OR USE OF THE SITES IF WE DETERMINE THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN MEDICAL CONDITIONS. RODALE RESERVES THE RIGHT TO CANCEL YOUR MEMBERSHIP SHOULD YOU VIOLATE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER POSTED POLICY ON THE SITES.
The process of becoming a member of the Sites (a "Member") requires entry of certain personal information and, among other conditions of membership, agreement with these Terms and Conditions in order to gain access to the Sites.
In becoming a Member with the intent of using the Sites, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Sites.
And in becoming a Member with the intent of using the Sites, you further affirm that either (A) you have not been medically diagnosed as suffering from diabetes, hypoglycemia, heart disease, high cholesterol or high blood pressure; or (B) your physician has specifically approved your use of the Sites.
And if you are a woman, in becoming a Member with the intent of using the Sites you further affirm that either (A) you are not pregnant or (B) your physician has specifically approved your use of the Sites.
You are advised that health, diet, training & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the Content will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
2. Offer, Payment and Billing Terms and
A. MEMBERSHIP TERM: Your initial membership term, the Access Term, runs for a period of one (1), two (2), to twelve (12) months from the date you register for the Site, depending on the period you choose at the time of registration. Upon expiration of the Access Term, unless you have received and agreed to an extension, your access to the Site will be terminated. If you agree to extend your membership, your membership will automatically renew until you cancel and you authorize us to charge your credit card $9.99 per month, or the then current monthly charge, until you cancel. There are no minimum membership requirements, however, you WILL NOT receive a refund or partial refund for any portion of a membership term, but you will have access to Site until the end of the then current Access term.[jfg1]
B. CANCELLATION POLICY: You may cancel your subscription after your initial registration. You can cancel in one of two ways. To cancel over the phone: call our Customer Service Team toll free at 1-877-429-3535 Monday through Friday between the hours of 9:00 AM and 6:00 PM EST. Please be advised that our Customer Service department is closed for the following holidays: New Year's Day (January 1); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Thanksgiving Day (fourth Thursday in November); the day after Thanksgiving; Christmas Eve (December 24); and Christmas Day (December 25), New Year's Eve (December 31).† To cancel via email: send a message to Customer_service@runnersworldchallenge.com. You will receive confirmation that your membership has been cancelled.
Upon cancellation, your account will be terminated effective at the end of the current subscription period and we in our sole discretion shall have the right but not the responsibility to delete all of the account information provided by you.
FOR CANADIAN RESIDENTS ONLY: You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of this contract. FOR BRITISH COLUMBIA RESIDENTS ONLY: This is a contract to which the Business Practices and Consumer Protection Act ("BPCPA") applies. For an explanation of your 10-day cancellation right, see the below Schedule A to these Terms and Conditions. You can also cancel anytime after the 10-day cancellation period, in which case you won't be refunded the subscription charge for the current subscription period, unless your specific offer allows for a refund, but you'll have member access through the end of that period and won't be billed again.
C. PAYMENT AND BILLING POLICIES: PLEASE NOTE THAT WE ONLY ACCEPT CREDIT CARD PAYMENTS AND DO NOT ACCEPT DEBIT CARD PAYMENTS AT THIS TIME. YOU AGREE TO NOTIFY RODALE IMMEDIATELY IN WRITING OR VIA EMAIL (AT firstname.lastname@example.org) IF YOU DISCOVER THAT THE CARD NUMBER YOU PROVIDED TO RODALE WHEN YOU REGISTERED FOR MEMBERSHIP IS A DEBIT CARD NUMBER. RODALE IS NOT RESPONSIBLE FOR AND WILL NOT REIMBURSE YOU FOR ANY OVERDRAFT OR BANK CHARGES THAT RESULT FROM YOUR USE OF A DEBIT CARD TO REGISTER FOR THE SITE.
Certain products or Services may be offered for sale on the Sites. In the event you wish to purchase or to subscribe to any of these products or Services, you will be asked by Rodale to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Rodale with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
If you register for an account on any of the Sites, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Rodale reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms effective upon notice to Members.
Your right to use the Sites or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating all of Rodale's obligations under this Agreement. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
To review the billing terms of your account, you may email email@example.com
C.† Your access to the Sites is subject to the terms and conditions as follows: 1. Your limited time membership period will be activated by us after your registration on the Site. 2. You are required to provide a credit card and pay when you the register for the Site and you agree to be bound by this Member Agreement. 3. You will have full access to the Site for a limited period of time (the specific time period will depend on the time period you choose when you register), and your membership will expire at the end of that period. 4. Upon the conclusion of your membership period, you will no longer have access to the member section of the Site. 5. Of course, you may cancel your membership at any time during your membership period, however, NO REFUNDS will be granted for the membership period set forth in your event registration offer.
3. Message Boards, Email Rules, Monitoring and Third Party Content
A. MESSAGE BOARDS: Message Boards on the Sites will contain information that can be posted and viewed by anyone on the Sites. Rodale does not endorse any information posted on the Message Boards. Please consult a physician or other relevant expert (depending on the nature of the information) before practicing anything you read on the Message Boards or using any information from the Message Boards. Rodale is not responsible for the information posted on the Message Boards or for editing any factual errors or making any type of corrections to information presented on the Message Boards. Any action taken by a viewer of the Message Boards based on information presented on the Message Boards is at your own risk and could be dangerous or life-threatening.
In using our Message Boards you agree to follow our Community Guidelines that includes these provisions:
Respect everyone's opinions. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. No profanity or explicit content. No posts, including pictures that might be considered "inappropriate". No posts that could be interpreted as threatening or harassment. No third party solicited advertising or product promotion is permitted (although you may recommend third party products). Rodale has the right to remove a post if it does not meet these standards, but not the obligation to do so. You have the right to edit any of your posts. If you have started a thread (such as a journal) that you want to close, please post a message indicating "THREAD CLOSED". We do not typically delete threads on request. Understand that posts made by members do not necessarily reflect the views of Rodale and should not be taken as medical advice. Posts submitted to the Sites' Message Boards are not considered confidential. These posts may be used by Rodale for any purpose without requiring permission from the originator.
B. EMAIL RULES: Some of our members will make their email addresses available if they wish to converse with others users with similar interests and/or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Members found using email information in this manner may, at the sole discretion of Rodale, have their Membership cancelled without notice. Rodale is not responsible for the content of email messages sent by its members or from a third party.
C. MONITORING: Notwithstanding anything to the contrary herein, Rodale has no obligation whatsoever to monitor any of the content or postings on the Message Boards or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our Members, sponsors, users and visitors.
Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
D. THIRD PARTY CONTENT: Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on the Sites or on sites that are linked to the Sites, including information providers, are those of the respective third parties, and not Rodale. Rodale does not guarantee the accuracy, completeness, or usefulness of any third party content. Furthermore, Rodale neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or on any site that might be linked to the Sites by anyone other than an authorized Rodale representatives acting in their official capacity.
4. General Terms and Conditions
A. MINIMUM AGE REQUIREMENTS:
You must be 18 years of age or older to sign up for this program.
B. PERSONALLY IDENTIFIABLE INFORMATION:
C. SUBMISSION POLICY: By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to Rodale shall be considered fully paid-up and royalty free. In addition, under no circumstances shall Rodale have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of Rodale's business through a merger, sale, transfer or license of all or substantially all of the assets of Rodale, nor shall the sale or barter of advertising or sponsorship on any of the Sites or any other product sales give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Rodale's part and we shall not be liable for any use or disclosure of any such Submission Materials.
D. ACCOUNTS, PASSWORDS and SECURITY: If any of the Sites require you to open an account, you must complete the registration process by providing Rodale with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Rodale that is untrue, inaccurate, not current or incomplete, Rodale reserves the right to terminate this Agreement and your continued access and use of the Sites.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Rodale immediately of any unauthorized use of your account or any other breach of security. Rodale will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Rodale or another party due to someone else using your account or password.
E. PROMOTIONS: Rodale occasionally provides contests, sweepstakes, games and other Rodale or third party promotions on its Sites. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
F. LIMITED LICENSE: Rodale grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
G. PROHIBITED ACTIVITIES: In connection with your use of the Sites, you acknowledge and agree that you will not:
i. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites; ii. access the Sites by any means other than through the standard industry-accepted or Rodale-provided or authorized interfaces; iii. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity; iv. impersonate any person or entity, including without limitation, an Rodale official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity; v. post or transmit any material that contains a virus or corrupted data; vi. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; vii. use any of the Sites' communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text); viii. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation information such as opinions or notices, commercial or otherwise; ix. violate any applicable local, state, national or international law; x. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; xi. delete or revise any material posted by any other person or entity; xii. manipulate or otherwise display the Sites by using framing or similar navigational technology; xiii. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Rodale product or service if you are not expressly authorized by such party to do so; or xiv. use the Sites for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any manner that could damage, disable, overburden or impair Rodale's servers or networks, or interfere with any other user's use and enjoyment of the Sites. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, services, accounts, computer systems or networks connected to Rodale through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.
H. DISCLAIMER OF WARRANTIES: THE SITES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RODALE AND ITS AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, (iv) THAT THE SITES SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERRUPTION OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTES, SWITCHES AND OTHER EQUIPMENT OWNED BY THIRD-PARTIES or (v) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES IS ENTIRELY AT YOUR OWN RISK.
I. RELEASE: YOU AGREE THAT NEITHER RODALE INC. NOR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS ("RELEASED PARTIES"), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITES. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SITES. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU BY ANY RELEASED PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
J. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SITES THAT NEITHER RODALE NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES; (ii) ANY CONTENT CONTAINED ON THE SITES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES, or (vii) ANY OTHER MATTER RELATING TO THE SITES OR PARTICIPATION IN AN EVENT. IN NO EVENT SHALL RODALE'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
K. NOTICES: Rodale may deliver notice to you under this Agreement or any other published policy on the Sites by email, a general notice published on the Sites or by first class U. S. Mail to the street address provided by you at the time you become a member. Rodale will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request. You may give notice to us via email, by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address:
Rodale Inc. 33 E. Minor Street Emmaus, PA 18098 Attn: General Counsel
L. GEOGRAPHIC LIMITS OF SERVICE: Rodale makes no representation or warranty that the content and materials on the Sites are appropriate or available for use in locations outside the United States, its territories and possessions and Canada (excluding Quebec). Those who choose to access the Sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Rodale reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites to any person, geographic area, or jurisdiction we so desire. The Runner's World Smart Coach Plus service and Website are not available or intended for use by residents of the province of Quebec, Canada.
M. TERMINATION: This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Rodale, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Paragraph may be effective without prior notice to you. In the event of termination, however, those portions of this Agreement that provide for continuing obligations on your part shall survive indefinitely.
N. ASSIGNMENT: You may not assign or transfer your rights or the license granted to you under this Agreement without Rodale express, prior written consent. Any attempt to assign or transfer your rights or license shall immediately terminate this Agreement and, notwithstanding anything to the contrary herein, you shall forfeit any amounts paid, without a right to a refund.
Rodale may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent.
O. MISCELLANEOUS TERMS AND CONDITIONS: This Agreement constitutes the entire agreement and understanding between you and Rodale and governs your use of the Sites, superseding any prior agreements between you and Rodale. This Agreement and the relationship between you and Rodale shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. You and Rodale irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Lehigh, in the Commonwealth of Pennsylvania, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Rodale to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by Rodale of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. Your continued use of the Site after any changes or updates have been made to this Agreement constitutes your express agreement and consent to be bound by the most recent version of this Agreement.
SCHEDULE A - FOR BRITISH COLUMBIA RESIDENTS ONLY
Consumer's Right to Cancel
This is a contract to which the Business Practices and Consumer Protection Act applies.
You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of this contract. You do not need a reason to cancel.
If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.
To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, electronic mail, facsimile or personal delivery.
If you send the notice of cancellation by mail, facsimile or electronic mail, it doesn't matter if the seller receives the notice within the required period as long as you sent it within the required period.