PACE APPS INC.
Access to and the use of the 5K Run mobile application (the “App”) developed by Pace Apps Inc. (“Pace”) is subject to the following terms and notices. By installing and using the App, you are acknowledging that you have read the following disclaimers and terms (the “Terms”) regarding the App and that you have agreed to said Terms. If you do not agree with any of the foregoing Terms, please delete the App from your device immediately and do not access or use the App.
Pace reserves the right to change these Terms from time to time and also reserves the right to change the App by adding or removing features or charging for its use. If Pace begins to charge for any use of the App, you will not be charged until Pace obtains your consent to pay any fees.
Restrictions on Use of Materials
The App and its contents are the property of Pace or its licensors, and are protected, without limitation, pursuant to Canadian and foreign copyright and trademark laws. Pace grants you an individual license to download, display or use the App and its contents solely via the App made available to you on your personal electronic device. This license is for personal, non-commercial and educational purposes only. You cannot use the App in connection with any commercial enterprise, unless you obtain Pace’s consent in advance. You are not permitted to alter the App or any content. No other use is permitted and all other rights not expressly granted in these Terms are reserved. Nothing contained herein shall be construed as conferring any right under any copyright of Pace or any other person who owns the copyright in the content provided on the App. Except as provided herein, you agree not to reproduce, sell, republish, broadcast, distribute, make derivative works of or otherwise make available any content from the App, including without limitation by framing, caching or other similar means, without the prior written consent of Pace and, if applicable, the copyright owner of such content. All trademarks and trade names are trademarks or registered trademarks of Pace or its affiliated companies or are the trademarks of their respective owners. The display of trademarks or trade names on the App does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.
You should consult your physician and/or health care provider before using the App. This is particularly true if you or anyone in your family have a history of high blood pressure or heart disease, or if you have ever experience chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not use the App if your physician and/or health care provider advises against it. If you experience faintness, dizziness, pain, etc. at any time while using this App you should stop immediately.
The App offers fitness information and IDs designed for educational purposes only. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. The use of any information provided by the App is solely at your own risk.
Professional Information Disclaimer
The App and its contents may contain certain facts, opinions, views, statements, recommendations and information which may be provided by third parties including but not limited to third parties in professional fields such as medicine, law, engineering, accounting, architecture, financial planning, investments, other health and fitness related areas and other professional fields ("Professional Information"). Such information is for informational or entertainment purposes only and is not to be used or construed as a substitute for professional advice, diagnosis or treatment. Use of the App does not replace consultations with qualified medical, legal, engineering, accounting, architectural, financial planning, investment, or other professionals. Professional Information may be subject to change and could be out of date. You acknowledge that any reliance on such Professional Information is at your sole risk and that the Pace does not provide you with or endorse any medical, health, tax, legal, accounting, investment or other professional advice or advocate the purchase or sale of any security or investment. You further acknowledge that you are solely responsible for your own research and decisions, including without limitation health-care related decisions. You agree that Pace shall not be responsible or liable in any way for any loss or damage of any kind directly or indirectly incurred as a result of, or in connection with the use of, or reliance on, any Professional Information.
Links to Third Party Sites
The App may contain hyperlinks to sites that are not a part of the App. The inclusion of any link does not imply endorsement by Pace App Inc. of the site. If you decide to visit any linked site, you do so at your own risk. PACE APP INC. ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE APP WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK.
Third Party Advertisements
Third party advertisers ("Advertisers") may offer goods, services and other materials to you on the App. Descriptions of, or references to, products or publications within the App do not imply endorsement of that product or publication. Your correspondence and business dealings with Advertisers or other third parties including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings are solely between you and the Advertiser or other third party. You agree that Pace will not be responsible or liable for any loss, damage or harm of any sort incurred as the result of or related to any such dealings or the offering of such goods, services and other materials on the App. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
NO GUARANTEED RESULTS
You agree that Pace has not made any guarantees about the results of taking any action, whether recommended on the App or not. The App provides educational and informational resources that are intended to help users succeed in their health goals and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Pace. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether other users of the App or otherwise – are no guarantee that you or any other person or entity will be able to obtain similar results.
JURISDICTION AND GOVERNING LAW
The App is controlled and operated by Pace. Pace’s registered office is located at 26 Ave NW, Calgary, AB. If you choose to access this App from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms are governed by Alberta law, without giving effect to any principles of conflicts of law. You agree that any formal legal dispute arising out of or in connection with these Terms or the App shall be filed only in the provincial or federal courts located in Alberta, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that, to the extent permitted by applicable law, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.
USER CONTROL AND UNINSTALL
You can access and change certain user settings using the functionality of your mobile device. Uninstallation methods will vary depending on your device. For further information on user settings or uninstallation or if you have other questions or concerns about the App or these Terms, please consult your device manual for reference or contact us.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to Pace is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; and (iv) you are not located in any country that is subject to a U.S. or Canadian Government embargo or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.
In cases where you have authorized a minor to use the App, you recognize that you are fully responsible for: (i) the conduct of such minor; (ii) controlling the minor's access to and use of the App; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the content within websites linked from the App may contain material that is inappropriate for minors.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, PACE IS PROVIDING THE APP ON AN "AS IS" AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH THE APP, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. PACE DOES NOT WARRANT THAT THE FUNCTION OF THE APP OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE FREE FROM SECURITY BREACHES.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PACE BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF PACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP, ITS CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL PACE’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR USING THIS APP AND (II) 100 CANADIAN DOLLARS. YOU SHOULD ALSO BE AWARE THAT E-MAIL AND OTHER SUBMISSIONS OVER THE INTERNET MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS BEFORE E-MAILING PACE.
You expressly acknowledge that Pace has relied on the disclaimers, limitations and exclusions of liability set out in these Terms in making the App available to you, and that these disclaimers, limitations and exclusions of liability are an essential part of this agreement between you and Pace.
If any provision of these Terms shall be deemed unlawful, invalid or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of the terms of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Pace. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
The failure of Pace to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Pace shall not be deemed a breach of these Terms.
These Terms, including all terms, policies, and guidelines referenced in these Terms, are the entire agreement between you and Pace concerning the App. These Terms supersede all prior agreements or communications between you and Pace regarding the subject matter of these Terms.
Additional Terms applicable only to users of the iOS version of the App
These additional terms are applicable to you only if you have downloaded the App from the Apple App Store. You and Pace acknowledge that these Terms are between you and Pace only, and not with Apple. Pace, not Apple, is solely responsible for the App and its contents, and only to the extent provided in these Terms. You are only licensed to use the App on Apple-branded devices running iOS that you own or control and as permitted by the usage rules set forth in the App Store Terms and Conditions. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish maintenance and support services with respect to the App. Apple is not responsible for addressing any claims of the end-user or any third party relating to the App or the end-user’s possession and/or use of the App. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and Pace agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as a third party beneficiary.