Mobile App Terms of Service

These Terms of Service govern your use of Jeff Galloway Running Coach, our website located at http://www.jeffgalloway.com/app, and any related services provided by Galloway Digital.

When you create an Jeff Galloway Running Coach account or use Jeff Galloway Running Coach, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by Galloway Digital.

If you access or download Jeff Galloway Running Coach from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, Galloway Digital, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 6 September 2022.

Limitations of Use

By using Jeff Galloway Running Coach and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer Jeff Galloway Running Coach or any materials and software contained within Jeff Galloway Running Coach or on our website;
  2. remove any copyright or other proprietary notations from Jeff Galloway Running Coach or any materials and software contained within Jeff Galloway Running Coach or on our website;
  3. transfer Jeff Galloway Running Coach or any of its associated materials to another person or “mirror” the materials on any other server;
  4. knowingly or negligently use Jeff Galloway Running Coach or any of its associated services in a way that abuses or disrupts our networks or any other service Galloway Digital provides;
  5. use Jeff Galloway Running Coach or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  6. use Jeff Galloway Running Coach or its associated services in violation of any applicable laws or regulations;
  7. use Jeff Galloway Running Coach to send unauthorized advertising or spam;
  8. harvest, collect, or gather user data without the user’s consent; or
  9. use Jeff Galloway Running Coach or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials in Jeff Galloway Running Coach and on our website are owned by or licensed to Galloway Digital. You may download Jeff Galloway Running Coach, to view, use, and display the application on your mobile device for your personal use only.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by Galloway Digital at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication within Jeff Galloway Running Coach and/or on its corresponding website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use Jeff Galloway Running Coach or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Automatic Updates

You give us permission to download and install updates to Jeff Galloway Running Coach on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Jeff Galloway Running Coach from your device.

Liability

Jeff Galloway Running Coach and the materials in Jeff Galloway Running Coach and on our website are provided on an 'as is' basis. To the extent permitted by law, Galloway Digital makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Galloway Digital or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Jeff Galloway Running Coach, our website, or any other services provided by Galloway Digital or the materials in Jeff Galloway Running Coach, even if Galloway Digital or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing in Jeff Galloway Running Coach or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, Galloway Digital does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Jeff Galloway Running Coach or on our website, or otherwise relating to such materials or on any resources linked to Jeff Galloway Running Coach and our website.

Links

Galloway Digital has not reviewed all of the sites linked to Jeff Galloway Running Coach or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Galloway Digital of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Notice regarding Apple

To the extent that you are using or accessing Jeff Galloway Running Coach on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Galloway Digital only, not with Apple Inc. (Apple), and Apple is not responsible for Jeff Galloway Running Coach and any materials available in Jeff Galloway Running Coach.

Apple has no obligation to furnish you with any maintenance and support services with respect to Jeff Galloway Running Coach.

If Jeff Galloway Running Coach fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Jeff Galloway Running Coach and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to Jeff Galloway Running Coach or your use of Jeff Galloway Running Coach, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using Jeff Galloway Running Coach, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Right to Terminate

We may suspend or terminate your Jeff Galloway Running Coach account and right to use Jeff Galloway Running Coach and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of FL. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Subscription
  1. Ongoing Subscription. Your jeffgalloway.com Subscription, which may start with a free trial, will continue week-to-week, month-to-month, year-to-year, or quarterly or semi-annually and will renew on every renewal period depending on the subscription option you choose unless and until you cancel your Subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the jeffgalloway.com service. We will bill the monthly Subscription fee to your Payment Method. You must cancel your Subscription before it renews each payment term (monthly, quarterly, yearly or as stated in product term) in order to avoid billing of the next Subscription renewal fees to your Payment Method.
  2. Differing Subscriptions. We may offer a number of Subscription plans, including special promotional plans or Subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Subscription with jeffgalloway.com by visiting our website and clicking on the "Your Account" link. Some promotional Subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered Subscription plans.
  • Free Trials
    1. Your jeffgalloway.com Subscription may start with a free trial. The free trial period of your Subscription may last for one week, one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and/or specified per former members only. jeffgalloway.com reserves the right, in its absolute discretion, to determine your free trial eligibility.
    2. We will begin billing your Payment Method for Subscription fees at the end of the free trial period of your Subscription unless you cancel prior to the end of the free trial period. For Subscriptions with no free trial, you will be billed immediately upon submitting your order. To view the specific details of your Subscription, including Subscription price and end date of your free trial period, visit our website and click the "View billing details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to the price of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
    3. You will not receive a notice from us that your free trial period has ended or that the paying portion of your Subscription has begun. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY jeffgalloway.com WEB PAGE (www.jeffgalloway.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on the agreed and accepted basis for your Subscription fee for your Subscription plan until you cancel.
  • Billing
    1. Recurring Billing. By starting your jeffgalloway.com Subscription and providing or designating a Payment Method, you authorize us to charge you a Subscription fee at the then current rate on a recurring basis based on chosen renewal period, and any other charges you may incur in connection with your use of the jeffgalloway.com service to your Payment Method. You acknowledge that the amount billed each renewal period may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed based on chosen renewal plan.
    2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
    3. Billing Cycle. The Subscription fee for our service will be billed at the beginning of the paying portion of your Subscription and each month, 3-months, 6-months, 12-months, or other chosen period thereafter unless and until you cancel your Subscription. We automatically bill your Payment Method each month, 3-months, 6-months, 12-months, or other chosen period on the calendar day corresponding to the commencement of your paying Subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying Subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your jeffgalloway.com Subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of Subscription or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
    4. No Refunds for Subscriptions. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
    5. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the jeffgalloway.com website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
    6. Cancellation. You may cancel your jeffgalloway.com Subscription at any time, and you will continue to have access to the jeffgalloway.com service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-TERM SUBSCRIPTION PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your Subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Account" page. If you signed up for jeffgalloway.com using your account with a third party as a Payment Method, and wish to cancel your jeffgalloway.com Subscription at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the jeffgalloway.com service through that third party. You may also find billing information about your jeffgalloway.com Subscription by visiting your account with the applicable third party.