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Terms and Conditions

The content of the Thomas Endurance Coaching, Inc. website is provided to you, the user, to broaden your understanding and knowledge of endurance training and racing. This information should not be considered to be exhaustive of a particular topic, and should never be used in place of a visit or call to, consultation with or advice from your physician or other health care provider. We strongly recommend that you consult a health care professional prior to using any information or advice contained in this Site that sets forth, illustrates, or suggests a particular diet, workout regimen, or activity. Further, we do not recommend the self-management of health problems because of the advice or recommendations contained in this Site. You should never disregard medical advice or delay in seeking it because of something you have read in this Site. We do not assume any liability for injuries that may occur while using any information contained in this Site, regardless of whether a doctor was consulted.

Thomas Endurance Coaching, Inc. authorizes you to view and use the material on this site solely for your personal, noncommercial use. The content of this site such as text, graphics, images, and other materials (“Materials”), are protected by copyright under both United States and foreign law. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Materials and on any copies you make of the Material for your personal, non-commercial use. You may not sell or modify the Material in any way for any public or commercial purpose. The use of the Material on any other Website or in any networked computer environment for any purpose is prohibited. If you violate the terms of this Agreement, the Company and Service Provider reserve the right to terminate your access to the Site, and you must immediately destroy any copies you have made of the Material.

Privacy Policy

Thomas Endurance Coaching, Inc. (“Company”) focuses on creating comprehensive and informative endurance training and racing information for the Internet. This Online Privacy Policy Statement is designed to help us better serve our customers needs, while meeting their online privacy expectations. The Company Site automatically recognizes information about our visitors in order to improve the quality of our Site, and provide our users with dynamic web pages. To achieve this goal, we determine what computer you are accessing our Site from and record the pages you have viewed, as well as other Site usage information. This information allows us to better serve our visitors to the Site and improve our content. This information is not rented or sold to any other company. The Site does not collect personal identifying information except with your specific knowledge and consent. This information is never shared with any outside party without your prior consent. In some instances, we may require certain personal information, such as an e-mail address, mailing address, etc. This information will be used only for the specific purpose for which you supply it (e.g., signing up for a coaching subscription).

On occasion, we may run promotions or request material for publishing. In order to participate, we may require your identity and perhaps ask your permission to have it publicly associated with your submission. The exact rules will vary by case and will be clearly noted on relevant pages. Your participation will always be voluntary and knowing. We may contact you via e-mail or otherwise to inform you about specials, new products or services, or changes to this privacy policy. You may choose to opt out of communications by designating your request by email to info@thomasendurancecoaching.com. We will not sell or rent your e-mail address to any third party outside of our organization.

The Site contains links to other sites. Please be advised that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site.

From time to time we may request information from you through voluntary surveys, contests, and questionnaires. Participation through responding to us through the survey, contest, or questionnaire is completely voluntary. You may choose whether or not to participate and therefore disclose the requested information, and your use of this Site is not based on the disclosure of the requested information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Site. We reserve the right to utilize answers to requested information in order to directly market products and services to you.

Please periodically review this page to keep apprised of any changes to this Thomas Endurance Coaching, Inc. Privacy Policy Statement. Additionally, please review the Thomas Endurance Coaching, Inc. disclaimer to learn more about the terms and conditions governing this Site.

European Global Data Protection Regulation

Thomas Endurance Coaching, Inc. understands Member Registration and Payment Information may be considered Personal Data under European Union Global Data Protection Regulations (GDPR). Thomas Endurance Coaching, Inc. endeavors to comply with GDPR including, but not limited to, a) protecting your right to have Personal Data collected only after you have specifically taken action to approve the collection of your Personal Data, b) the right to easily access a mechanism to withdrawal that approval and have your Personal Data promptly removed from our proprietary internal database, c) using industry standard best practices to maintain care, custody, and control over the Personal Data we collect, and d) reporting as prescribed by GDPR any breach of Personal Data within 72-hours of our discovery of such breach. Thomas Endurance Coaching, Inc. believes the nature and scope of the Personal Data it collects does not require the designation of a GDPR Data Protection Officer.

And, we aim to store as little personal information as possible. We store your name and email (and physical address, if necessary, for shipping physical products) in order to process your orders and send you an invoice. We do NOT store your credit card information, which is sent directly to our payments provider.

Our vendors

We may share parts of your data with the following 3rd party vendors that we require to make your products and services work:

  • WooCommerce and Braintree by PayPal: For processing payments. Your name, email and credit card information is shared with Braintree and never stored anywhere in our system.
  • Post SMTP: For sending transactional emails. Nothing is explicitly shared with Post SMTP.
  • MailChimp: For adding your email to our customers email list when signing up. You are always free to unsubscribe.
  • Google G Suite: For email communication with customers and website analytics.

Your data

If you wish to access, modify or delete your data please send and email to info@thomasendurancecoaching.com with your request and we will make sure to process it as quickly as possible. If you have any questions or concerns please contact us using the same email address.

Payments, Fees and Renewals 

If you choose to elect to pay subscription fees for Training or Coaching services, you are obligated to pay membership fees on a monthly or annual basis. Membership fees will be billed automatically to the Payment Method and will renew automatically until membership is terminated. You authorize Thomas Endurance Coaching, Inc. to charge your designated Payment Method for the membership charges and fees. Thomas Endurance Coaching, Inc. reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this Site. Purchases of training and coaching services are final and non-refundable for any unused portions of your subscription period.

Cancellation

You may cancel your coaching subscription at any time by contacting info@thomasendurancecoaching.com. Cancellation of your subscription will go into effect at the end of your current billing cycle.

Termination

Thomas Endurance Coaching, Inc. reserves the right to refuse or cancel service, terminate accounts and subscriptions at its sole and absolute discretion. You agree that Thomas Endurance Coaching, Inc. shall not be liable to you or any third party for any termination of your account or access to the Site.

User Conduct

As a user of the Site, you alone are responsible for maintaining the confidentiality of your credentials to log onto the Site. You understand and agree that you are fully responsible for any and all content you upload to the Site. You understand that Thomas Endurance Coaching, Inc. does not control the content posted to the Site by other users and makes no warranties as to the accuracy of such content. You agree to use caution when personally identifying yourself in any Content on the Site.

You agree not to post content to the Site that is unlawful; harmful, abuse, tortious, or vulgar; in violation of a contractual or fiduciary relationship; in violation of another’s patent, trademark, trade secret, copyright or other proprietary rights; promotional in nature for any third party service; or interferes with the functionality of the Site.

You acknowledge that Thomas Endurance Coaching, Inc. reserves the right, in its sole and absolute discretion, to monitor and reject any Content that is available on the Site and that violates the Terms or is otherwise objectionable.

Content Submitted to the Site

Thomas Endurance Coaching, Inc. does not own the Content that you submit to the Site. However, but agreeing to these Terms and Conditions, Thomas Endurance Coaching, Inc. is granted a perpetual, irrevocable license to use and distribute any Content on the Site for any purpose.

Thomas Endurance Coaching, Inc. disclaims any and all responsibility to maintain and store a user’s content on the Site once the user cancels his or her subscription to the Site.

Interaction with Site Users

Thomas Endurance Coaching, Inc. has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site. Thomas Endurance Coaching, Inc. shall have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Site. It is your responsibility to exercise common sense and prudence when dealing with any other site user.

Indemnity

You agree to indemnify and hold Thomas Endurance Coaching, Inc. and its affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Site, your use of the Site, your reliance on any Content on the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another person or entity.

Arbitration

Any dispute concerning the parties’ rights and responsibilities under this Agreement which the parties cannot resolve within thirty (30) days shall be directed to binding arbitration administered by, and pursuant to the rules of, the American Arbitration Association (“AAA”) in Park County, MT with all expenses being shared equally by the parties. Judgment upon any AAA award may be entered into the 6th Judicial District Court (Park and Sweetgrass Counties) of Montana. The prevailing party in any dispute arising out of this Agreement shall be entitled to an award of its reasonable attorneys’ fees and costs.

Governing Law and Severability

This Agreement shall be governed and interpreted in accordance with Montana law. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

Notices

Communications and notices required or permitted under this Agreement shall be deemed delivered when hand-delivered to the receiving person, or when mailed, certified mail, return receipt requested, in first class U.S. mail, to the addresses specified in the Agreement, or when faxed to the fax number or electronically transmitted to the Internet address specified, with hard copy mailed within three (3) days thereafter in the manner set forth above. The contact person and addresses for communications and notices are set forth in the Agreement. Any party may change its address for purposes of this notice provision by giving notice in the manner prescribed above.

Force Majeure

Neither party shall be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy, civil war, strikes or labor disputes, or any other cause beyond the parties’ reasonable control. Each party agrees to notify the other party promptly of the occurrence of any such cause and to carry out this Agreement as promptly as practicable after such cause is terminated.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THOMAS ENDURANCE COACHING, INC. AND OR ITS affiliates, officers, agents, representatives, employees, partners and licensors BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OR USE OR INJURY TO PERSON OR PROPERTY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR RELATED SERVICES. SHOULD YOU BE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE THE USE OF THE SITE.

YOU voluntarily choose to utilize the services of Thomas Endurance Coaching, Inc. in order to improve your training and racing. YOU understand that the training philosophy of Thomas Endurance Coaching, Inc. is to very gradually and scientifically increase your ability to train and race more effectively. YOU also understand that this training philosophy may create certain potential risks such as abnormalities in YOUR blood pressure, breathing, heart rate, and/or muscular-skeletal system that cannot be predicted with complete accuracy. YOU understand that YOU are responsible for monitoring YOUR own condition throughout the training program which YOU have chosen and agreed to undertake, and should any unusual symptoms or conditions occur, I will immediately cease following the training program and inform my PHYSICIAN of the symptoms or condition. In stating that YOU agree to this agreement and waiver of liability, YOU acknowledge that YOU have read this form in its entirety and that YOU understand the potential risks associated with THE USE OF the TRAINING PROGRAMS ON THE SITE OR COACHING SERVICES RENDERED. YOU also agree to consult with and obtain written permission from YOU primary care physician prior to undertaking USE OF THE SITE. If YOU do not consult with and obtain permission from YOUR primary care physician, YOU accept any and all consequences that may result from this inaction on YOUR part. YOU EXPRESSLY AGREE THAT THOMAS ENDURANCE COACHING, INC. IS NOT PROVIDING MEDICAL ADVICE VIA THE SITE. NO CONTENT FOUND ON THE SITE IS INTENDED TO BE AND SHOULD NOT BE IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR MEDICAL PROFESSIONAL OR PRESCRIBED MEDICATION. SHOULD YOU HAVE AN EMERGENCY, YOU AGREE TO CONTACT YOUR PHYSICIAN, EMERGENCY MEDICAL CENTER, OR HOSPITAL IMMEDIATELY. Finally, in consideration for being allowed to participate and choosing to engage in this training program, YOU agree to assume the risks of such training, and further agree to hold harmless Thomas Endurance Coaching, Inc. from any and all claims, suits, losses, and/or related causes of actions and damages, including, but not limited to, such claims that may result from my injury or death, accidental or otherwise, during or arising in any way from, the USE OF THE SITE.

Complete Agreement; Non-Waiver

This Agreement (as defined above) constitutes the entire agreement between the parties. This Agreement supersedes and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This Agreement can only be amended by specific written amendment signed by both parties. Any failure by either party to require strict performance by the other of any provision of this Agreement shall not constitute a waiver of such provision or thereafter affect the parties full rights to require strict performance.

Thank you for taking the time to review the terms and conditions, which govern the use of this Site. We encourage you to periodically review these rules to keep yourself apprised of any revisions to this Agreement. If you do not agree to the terms contained in this Agreement, please cancel your membership to the Site.