Terms & Conditions

Effective Date:  14 June 2025

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We encourage you to review these Terms in their entirety, along with our Privacy Statement.  Please read the following Terms carefully, as they govern your use of Senior Running products and services and our affiliates’ products and services. 

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1.  Introduction and Services:

By using any of the websites, services, or mobile apps that we provide to our athletes, you agree to these Terms.  Any new features included in our products and services in the future will also be subject to these Terms.

 

All references to “Senior Running”, “us”, “we”, or “our” in these terms refer to Senior Running. We reserve the right to change these Terms at any time.

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These Terms incorporate our Privacy Policy, which explains how we collect and use your personal data. Please read these documents carefully to understand your rights and responsibilities when using our products and services.  If you do not agree to these Terms, you should not use our products and services.

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Additional terms may apply when you sign up for a new service or take advantage of a promotion or special offer. These terms will be disclosed to you in advance and become part of your agreement with us. If any additional terms conflict with these Terms, those additional terms will prevail.

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If you have any questions about these Terms or our Products or Services, please contact us.

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1.1 Unexpected Results

When using our services you may encounter unexpected health related issues. You may also fail to reach specific health or athletic goals.  You expressly agree to assume all risks associated with your use of our services and not to hold Senior Running liable for any health, social, emotional, or legal consequences of such issues. For more information about Senior Running's Limited Liability, please review Section 6 of these Terms.

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1.2 Eligibility to Use the Services

Everyone who uses our services, whether a guest, paid subscriber, or a purchaser of our products or services, is a “User.” Users may need to register an account to use certain services, either here, or on affiliate apps or websites.  You agree to provide accurate, complete, and current information when registering or using these services.

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These services are intended for those who have reached the age of consent where the services are being offered. Anyone under the age of consent is not permitted to utilize our services.

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1.3 Use of the Services

In exchange for access to our services, you agree:

• To comply with all applicable laws;

• To be responsible for all use and activity of the services associated with your information;

• Not to resell the services or resell, reproduce, or publish any content or information found on the services, including training plans provided to you;

• Not to circumvent, disable, or otherwise interfere with security-related features of the services, including by allowing unauthorized third parties to access services using your credentials;

• Not to share, access, or collect data from any services in bulk or attempt to access data without permission—whether manually or by automated means. This includes, but is not limited to, use of any artificial intelligence, bots, crawlers, spiders, data-miners, or scrapers; and

• Not to use the services in connection with any judicial proceeding.

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2. Senior Running Content

The services may contain photos, videos, documents, records, indexes of content, and other content provided to you by Senior Running that may vary depending on your needs and location. Except for any content which is governed by the terms of the third-parties that host the records, all Senior Running Content may be used only in accordance with these Terms, including Senior Running Content that may also be in the public domain (“Public Domain Content”).

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2.2 Your Use of Ancestry Content

When accessing our content you agree:

• To use our Content only in connection with your personal use;

• To download content only in connection with your training and health goals and only where expressly permitted by us;

• Not to remove any copyright or other proprietary notices on any content;

• Not to use our content outside the services, or in a manner inconsistent with your subscription; and

• To contact us to obtain written permission to use more than a small number of photos and documents that are Public Domain Content.

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3. Your Content

Certain services may allow you to contribute content, including but not limited to: training records, photos, audio/video recordings, comments, messages, and email.  If any of your content contains Personal Information, it will be treated in accordance with our Privacy Policy.

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3.1 You Control Your Content

Senior Running does not typically claim any ownership rights to your content, control how you choose to share your content within the services, or limit how you share your content outside of our services. Some content may become a permanent part of combined records and can't clearly be delineated.  If this occurs we recommend carefully reviewing all training logs and other content and removing said records prior to terminating any services.  Failure to do so means you agree that you are relinquishing ownership rights to anything not removed prior to termination of services.  You further acknowledge that all content remaining after termination of services is deemed to be non-confidential and non-proprietary and we may use your remaining content without any obligation or compensation to you.

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3.2 Use of Your Content

By submitting Your Content, you grant us a non-exclusive, sub-licensable, worldwide, royalty-free license to host, store, index, copy, publish, distribute, provide access to, create derivative works of, and otherwise use Your Content to provide, promote, or improve the services, consistent with our Privacy Policy.  

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3.3 Your Responsibilities for Your Content

You are responsible for the decision to create, upload, & post your content. By contributing or accessing our services you agree that you have all the necessary legal rights to create, upload, or post your content and that your content does not violate any applicable laws.

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4. Termination or Suspension of Your Account

We reserve the right to limit, suspend, or terminate your access to our services if you breach these Terms.  If we exercise those rights, we will provide you with the reason for our decision.  Unless otherwise required by applicable law we will not refund subscription fees if you lose access to our Services because of your breach of these terms.

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5. No Guarantees or Warranties

We provide our services and content to you on an “AS-IS” basis, meaning without any guarantee or warranty. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises about (a) the Senior Running content, (b) your content, (c) the specific functionality of our services, (d) the quality, accuracy, reliability, or availability of our content or services, or (e) that our services will be free from viruses or other harmful components.

We are constantly working to improve our services and the content of this website.  Wey may add or remove functionality or features from our services, or adjust what services are available based on your account type. 

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6. Senior Running's Limited Liability

By using our services, you agree that our liability is limited to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. If you live in a jurisdiction that does not allow us to broadly limit our liability, some of these limitations may not apply to you.

If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using our services and, if you are using any of our subscription services, cancel your subscription. Our total liability in any matter related to the services or these Terms is limited to the aggregate amount you paid to us during the 3-month period preceding the event giving rise to the liability. This limitation of liability applies fully to residents of Nebraska.

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7. Your Indemnity

You agree that you will indemnify and hold Senior Running, and our respective officers, directors, employees, agents, successors, and assigns (the “Senior Running Parties”) harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of our services and (a) your violation of these Terms or other documents or policies incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to your content, including a claim that your content caused damage to another person. This indemnification obligation will continue after you stop using our services. In addition, you release the Senior Running Parties from all claims, demands, actions, or suits in connection with your content, including any liability related to our use or non-use of your content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.

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8. Services Offered by Other Companies

Our Services may contain links to websites or applications operated by third-parties but that does not constitute sponsorship, endorsement, approval, or responsibility. We do not warrant any offers or make any guarantees about third-party sites, their content, products, or services. Please read the terms and conditions and privacy documentation for all third-party sites carefully, as they may differ substantially from ours.

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9. Dispute Resolution, Arbitration and Class Action Waiver

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PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

We work hard to keep our customers satisfied. If a dispute arises between you and us, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.

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9.1 FAA Governs

You and Senior Running agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

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As used in this agreement, the term “dispute” is intended to be as broad as legally permissible and includes, but is not limited to, all disputes between you and any other person on whose behalf you have interacted with us, on the one hand, and Senior Running, including any of its parents, subsidiaries, predecessors, successors, assigns, or affiliates, on the other, that arise out of or relate in any way to the Terms, this arbitration agreement, or your interactions or relationship with us. Further, if you have or will use our services or otherwise interact with us on behalf of a minor or other individual for whom you are the parent or legal guardian, you agree, on the minor’s or other person’s behalf, that any dispute arising out of or relating to such use of our services or other interaction with us shall be subject to arbitration, as set forth herein, and subject to the other agreements set forth herein (including, but not limited to, the Class Action Waiver); you further represent that you have the authority to enter such agreement on the minor’s or other person’s behalf. Any dispute between us will be resolved through final and binding arbitration in accordance with the terms of this agreement.

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This arbitration agreement and any controversy or claim arising out of or related to this arbitration agreement or the breach of any provision thereof shall be governed by the substantive and procedural provisions of the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The parties understand and agree that the Federal Arbitration Act exclusively governs the interpretation and enforcement of this arbitration agreement, and that the substantive or procedural provisions of another jurisdiction shall not be applied to the interpretation or enforcement of this arbitration agreement or any dispute or controversy relating to the interpretation or enforcement of this arbitration agreement.

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9.1.1 No Class Actions

This provision shall be referred to as the “Class Action Waiver.” The parties each agree that each party may only resolve disputes with the other on an individual basis and may not bring a claim as a plaintiff or a class member in a class, or representative action.  This provision applies both to disputes resolved in arbitration and to any disputes that are resolved in court, to the extent such disputes arise. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class or representative basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes. In such instances, the dispute must be litigated in the federal or state court of competent jurisdiction located in the State of Nebraska—not in arbitration.

An arbitration award and the judgment confirming it applies only to that specific case and shall not be binding on either party in any other case.

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9.1.2 Severability

If any provision of this arbitration agreement is adjudged to be invalid, unenforceable, unconscionable, void or voidable, in whole or in part, such adjudication will not affect the validity of the rest of the arbitration agreement. All remaining provisions will remain in effect.

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9.1.4 Survival

This Dispute Resolution, Arbitration and Class Action Waiver section shall survive any termination of your account or the Services.

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9.2 Controlling Law

If you access the Services in the United States, the laws of the State of Nebraska and as applicable, those of the United States of America, govern these Terms and the use of the Services. You agree that all claims not subject to arbitration and brought in the United States will be subject to the exclusive jurisdiction of the courts of competent jurisdiction located in the State of Nebraska. 

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10. Miscellaneous

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10.1 Modifications

We may modify these Terms at any time and agree to notify you of any material changes by electronic means as a site notice, or via an email. Material changes become effective thirty days after they are posted, except for changes addressing new Services or legal requirements, which will be effective immediately. Your continued use of our services means you accept the modified Terms. If you do not agree to the changes, you should stop using our services and, if applicable, cancel your subscription.

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10.2 Entire Agreement

These Terms and other documents incorporated by reference are the entire agreement between you and us regarding your use of our services and supersede any prior agreements.

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10.3 Transfer of Rights and Obligations

We reserve the right to assign or transfer our rights and obligations under this Agreement. If we or any service provider is acquired or transferred to another entity (in whole or part, and including in connection with bankruptcy or similar proceedings), you agree that we may share your Personal Information and your content with that entity. You may not assign or transfer any of your rights and obligations under these Terms without our written consent. There are no third-party beneficiaries to these Terms.

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10.4 Severability

Except as explicitly provided herein, the unenforceability of any section or clause in these Terms will not affect the enforceability of the remaining Terms.

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10.5 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision, and we reserve all rights not expressly provided to you herein.

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10.6 Minors

Senior Running does not knowingly seek or collect any Personal Information directly from anyone under the age of consent and will take commercially reasonable efforts to delete such data from our systems.

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