SHAREMYRUN MOBILE APPLICATION ("Mobile Application"), AND GOVERN YOUR USE OF THIS WEBSITE AND THE SHAREMYRUN MOBILE APPLICATION. BY USING THIS WEBSITE OR THE SHAREMYRUN MOBILE APPLICATION, YOU ARE ACCEPTING
AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND
APPLICATION. BEACON MOBILE MAY CHANGE, AT ITS DISCRETION, THE TERMS AND CONDITIONS, IN WHOLE OR IN PART, AT ANY TIME WITHOUT PRIOR NOTICE. CHANGES WILL BE VALID
WHEN PUBLISHED ON THIS WEBSITE. YOUR USE OF THIS WEBSITE AND/OR THE MOBILE APPLICATION IS CONSIDERED AS ACCEPTANCE OF THESE CHANGES.
1. Use of the ShareMyRun App Website and Mobile Application
We publish and maintain our website (www.sharemyrunapp.com) and its text, images, content and other information solely for your personal, non-commercial use, and solely for informational
purposes. All other uses are prohibited without our express prior written consent. We may discontinue your use of or access to this website or portions thereof at any time in our sole
discretion without any advance notice to you. We may discontinue publication and maintenance of this website or portions thereof at any time in our sole discretion.
The ShareMyRun mobile application is strictly provided to you for information purposes only and is intended to be used for collecting data on your outdoor fitness activities as well as sharing
this data with selected individuals that you know and trust. This data includes, but is not limited to, elapsed time of the workout, elapsed distance, location, average pace, current pace, current battery level,
planned distance, estimated finish time, and last location update time. Any other use of this application constitutes a violation of these terms and conditions, and you assume full responsibility for
the resulting outcomes.
You agree to hold harmless and indemnify Beacon Mobile, its officers, subsidiaries, affiliates, successors and assigns against any and all losses, costs expenses, damages, or other
liabilities incurred by Beacon Mobile, and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party
against Beacon Mobile in connection with your use of this website and the ShareMyRun mobile application, including any content posted or information submitted to this website and
payment obligations incurred through use of this website.
3. International Use
This website is controlled and operated from its facilities in the United States. Beacon Mobile makes no representations that this website is appropriate or available for use in other
locations. Those who access or use this website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and
local laws and regulations, including but not limited to export and import regulations. You may not use or access this website if you are a resident of a country embargoed by the United
States, or are a foreign person or entity blocked or denied by the United States government. In particular, you: (a) represent that you are not a party identified on any government
export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology and other technical
data via Beacon Mobile to parties identified on such lists; (b) agree not to use Beacon Mobile for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export
laws; (c) agree not to transfer, upload or post via Beacon Mobile any software, technology or other technical data in violation of U.S. or other applicable import or export laws.
4. Wireless Carrier Considerations
To use or otherwise access the ShareMyRun mobile application, you must have a mobile device that is compatible with the Services and the Mobile Application. We do not warrant that the
Mobile Application will be compatible with your mobile device. We do not charge for use of some basic functionality within the Mobile Application; however, you may be obligated to pay
some fees for use of certain premium features within the Mobile Application. Further, a wireless carrier's normal messaging, data, and other rates and fees will still apply. You should
therefore check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using the Mobile Application may be prohibited or
restricted by your carrier, and the Mobile Application may not work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Application is
available for your mobile device, and what restrictions, if any, may be applicable to your use of this Mobile Application.
5. No Medical Advice
Beacon Mobile's ShareMyRun mobile application provides services for you to track, manage, and share your fitness activities. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE
INTERPRETED AS, MEDICAL ADVICE OR OPINION. We at Beacon Mobile are NOT licensed medical professionals, and we are not in the business of providing medical advice. You should always consult
a qualified and licensed medical professional prior to any outdoor fitness workout, including, but not limited to, running, walking, biking, and hiking. YOUR USE OF THE WEBSITE OR THE SHAREMYRUN MOBILE
APPLICATION DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND BEACON MOBILE.
6. Accuracy of Data
Beacon Mobile makes no guarantees whatsover on the accuracy of the data reported within the ShareMyRun mobile application, since GPS location data can vary based on weather conditions, proximity to
tall structures, proximity to wireless carrier transmission towers (or lack thereof), continuity of wireless coverage for the duration of a recorded fitness workout, and a host of other reasons that
are outside of our control. All measurements, statistics, and locations reported within the Mobile Application should be treated as approximations only.
7. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS WEBSITE AND THE SHAREMYRUN MOBILE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU AND BY
USING THIS WEBSITE OR THE SERVICES (DEFINED BELOW) YOU HAVE ACCEPTED THAT RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ANY SERVICES, APPLICATIONS, PRODUCTS AND
SOFTWARE PERFORMED, DELIVERED, DOWNLOADED FROM US OR OTHERWISE PROVIDED BY THIS WEBSITE OR MOBILE APPLICATION (ALL COLLECTIVELY, "SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED OR PROVIDED BY THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT
HE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE
TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN MAKING ANY DECISION, YOU MUST RELY ON YOUR OWN
EXAMINATIONS BEFORE DECIDING WHETHER TO MAKE ANY INVESTMENT OR PURCHASE. ACCORDINGLY, YOU SHOULD, AMONG OTHER THINGS, CONSIDER
CAREFULLY THE RISKS AND UNCERTAINTIES AND CONSULT WITH YOUR OWN ATTORNEY, BUSINESS ADVISOR AND TAX ADVISOR AS TO ALL MATTERS, INCLUDING THE LEGAL, BUSINESS INVESTMENT AND TAX IMPLICATIONS
OF ANY INVESTMENT OR PURCHASE. YOU MAY LOSE PART OR ALL OF YOUR INVESTMENT.
8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ANY MEMBER OF BEACON MOBILE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED
TO YOUR USE OR INABILITY TO USE PRODUCTS OFFERED BY BEACON MOBILE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ONE OR MORE MEMBERS OF
BEACON MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. BEACON MOBILE IS NOT RESPONSIBLE FOR ANY
MISUSE OF THE SHAREMYRUN MOBILE APPLICATION.
Last Updated: April 1, 2015