1. GENERAL

This agreement was written in Italian and translated in English (US). To the extent any other translated version of this agreement conflicts with the Italian version, this latter version controls for all the access from all over the world.

TRAIL RUNNING MOVEMENT provides services through its websites including but not limited to www.trailrunningmovement.com , www.trailrunningmovement.org, www.trailrunningmovement.net, www.trailrunningmovement.info, www.trailrunningmovement.it, social network web pages, programs and computer servers, including but not limited to classified advertising, forums, and email forwarding. (all such services are referred to collectively herein as “TRAIL RUNNING MOVEMENT web sites”). By accessing or using TRAIL RUNNING MOVEMENT web sites, you are a “user” and you accept and agree to the terms below (the “Terms of Use” or “TOU”) as a legal contract between you and TRAIL RUNNING MOVEMENT. The TOU include and incorporate additional terms (“guidelines”) applicable to particular categories or services available on TRAIL RUNNING MOVEMENT web sites as set forth to users upon access to such categories or services. TRAIL RUNNING MOVEMENT may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of TRAIL RUNNING MOVEMENT web sites.

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of TRAIL RUNNING MOVEMENT web sites, in which case any continuing access or use of TRAIL RUNNING MOVEMENT web sites is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on TRAIL RUNNING MOVEMENT web sites.

TRAIL RUNNING MOVEMENT web sites is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

The TOU grant you a limited, revocable, nonexclusive license to access TRAIL RUNNING MOVEMENT web sites and use TRAIL RUNNING MOVEMENT web sites, in whole or in part, including but not limited to TRAIL RUNNING MOVEMENT intellectual property therein, solely in compliance with the TOU.

The name “TRAIL RUNNING MOVEMENT” and “TRM – TRAIL RUNNING MOVEMENT logo” are trademarks of TRAIL RUNNING MOVEMENT s.s.d. S.r.l. and are protected by Italian, European Community and international laws. The TOU do not authorize you to use “TRAIL RUNNING MOVEMENT” name or “TRM – TRAIL RUNNING MOVEMENT logo” or any similar or related marks for any use pertaining to classified advertising, internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with TRAIL RUNNING MOVEMENT s.s.d. S.r.l..

  1. MODERATION

TRAIL RUNNING MOVEMENT has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (“content”) posted to, stored on or transmitted via TRAIL RUNNING MOVEMENT web sites by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of TRAIL RUNNING MOVEMENT) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that TRAIL RUNNING MOVEMENT, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). TRAIL RUNNING MOVEMENT may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. TRAIL RUNNING MOVEMENT action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive TRAIL RUNNING MOVEMENT’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.

You also understand and agree that any action or inaction by TRAIL RUNNING MOVEMENT or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “TRAIL RUNNING MOVEMENT Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither TRAIL RUNNING MOVEMENT nor any TRAIL RUNNING MOVEMENT Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.

Although TRAIL RUNNING MOVEMENT Representatives may moderate content, conduct and TOU compliance on TRAIL RUNNING MOVEMENT web sites at TRAIL RUNNING MOVEMENT’s discretion, TRAIL RUNNING MOVEMENT Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of TRAIL RUNNING MOVEMENT will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of TRAIL RUNNING MOVEMENT will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any TRAIL RUNNING MOVEMENT Representative (or by anyone else acting on behalf of TRAIL RUNNING MOVEMENT or by anyone purportedly acting on behalf of TRAIL RUNNING MOVEMENT) that TRAIL RUNNING MOVEMENT (including but not limited to any TRAIL RUNNING MOVEMENT Representative, anyone else acting on behalf of TRAIL RUNNING MOVEMENT, or anyone purportedly acting on behalf of TRAIL RUNNING MOVEMENT) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that TRAIL RUNNING MOVEMENT, TRAIL RUNNING MOVEMENT Representatives and anyone else authorized to act on behalf of TRAIL RUNNING MOVEMENT shall in no circumstance be liable as a result of any representation that TRAIL RUNNING MOVEMENT, a TRAIL RUNNING MOVEMENT Representative or anyone else on behalf of TRAIL RUNNING MOVEMENT would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by TRAIL RUNNING MOVEMENT’s Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

TRAIL RUNNING MOVEMENT also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of TRAIL RUNNING MOVEMENT at any time without notice. TRAIL RUNNING MOVEMENT and TRAIL RUNNING MOVEMENT Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

  1. CONTENT AND CONDUCT
  • Content

TRAIL RUNNING MOVEMENT does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from TRAIL RUNNING MOVEMENT includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via TRAIL RUNNING MOVEMENT web sites; (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to TRAIL RUNNING MOVEMENT would violate these TOU or TRAIL RUNNING MOVEMENT’s other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on TRAIL RUNNING MOVEMENT and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.

You automatically grant and assign to TRAIL RUNNING MOVEMENT, and you represent and warrant that you have the right to grant and assign to TRAIL RUNNING MOVEMENT, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to TRAIL RUNNING MOVEMENT all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

You agree to indemnify and hold TRAIL RUNNING MOVEMENT and TRAIL RUNNING MOVEMENT Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by TRAIL RUNNING MOVEMENT or TRAIL RUNNING MOVEMENT Representatives.

  • Conduct

TRAIL RUNNING MOVEMENT does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to TRAIL RUNNING MOVEMENT, and, if you create an account on TRAIL RUNNING MOVEMENT web sites or any email account using TRAIL RUNNING MOVEMENT denomination or title, you are responsible for all conduct or activities on, through or by use of your created account.

You agree to indemnify and hold TRAIL RUNNING MOVEMENT and TRAIL RUNNING MOVEMENT Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to TRAIL RUNNING MOVEMENT and related to or arising out of any conduct or activities on, through or by use of your TRAIL RUNNING MOVEMENT account, if any. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by TRAIL RUNNING MOVEMENT or TRAIL RUNNING MOVEMENT Representatives.

  1. POSTING AND ACCOUNTS

This section 4 applies to all uses and users of TRAIL RUNNING MOVEMENT web sites, unless TRAIL RUNNING MOVEMENT has specifically authorized an exception to a particular term for a particular user in a written agreement. TRAIL RUNNING MOVEMENT has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

  • Postings

The same or substantially similar content may not be posted in more than one TRAIL RUNNING MOVEMENT category. A user may post content only in the single TRAIL RUNNING MOVEMENT category to which it is most relevant, and must not post content to inappropriate categories. For example, content advertising classes or vocational training must be posted under the “classes” category of the “community” section and may not be posted in any “jobs” category. Likewise, content advertising nutrition must be posted under the “nutrition” section of and not under “job” or any other section. In case of doubt, you must contact TRAIL RUNNING MOVEMENT through its contact means, preferably using info@trailrunningmovement.com mail and wait for the answer and/or written authorization

A user may post the same or substantially similar content no more than once every month.

Where a TRAIL RUNNING MOVEMENT category provides specific subcategories for posts by particular types of users (e.g., gear “by-owners” versus “by-dealers,” and services for sale “by-owner” versus “by-broker”), a user may post content only in the single user sub-category most accurate for that user. In particular, no user acting as a broker, agent or dealer may post in any “by owner” category.

Users may not circumvent any technological measure implemented by TRAIL RUNNING MOVEMENT to restrict the manner in which content may be posted on TRAIL RUNNING MOVEMENT or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent TRAIL RUNNING MOVEMENT accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”

It is expressly prohibited for any third party to post content to TRAIL RUNNING MOVEMENT web sites on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to TRAIL RUNNING MOVEMENT web sites using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to TRAIL RUNNING MOVEMENT for each instance of access to TRAIL RUNNING MOVEMENT web sites (by any user or other third party) using that automated means.

Affiliate marketing is expressly prohibited on TRAIL RUNNING MOVEMENT web sites if not expressively authorized through written authorization received directly from TRAIL RUNNING MOVEMENT or a TRAIL RUNNING MOVEMENT Representative delegated by TRAIL RUNNING MOVEMENT Chief Executive Officer. Users may not post content or communicate with any TRAIL RUNNING MOVEMENT user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance without written authorization.

  • Accounts

A user may maintain and use no more than one account, including a telephone or phone-verified account (“PVA”), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.

A user may create an account, including a PVA, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited.

A user must only use his/her own account or PVA, and may not use any account or PVA of another.

The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited.

A user must create his/her account or PVA personally and manually and may not create accounts or PVAs by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any PVA using his/her own valid telephone number. The creation of a PVA using a telephone number that is not the user’s own, a telephonic forwarding service or system, or a temporary/disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or PVA creation process is also expressly prohibited.

  • Flagging

A user shall not “flag” (or otherwise seek removal of) content on TRAIL RUNNING MOVEMENT without a personal, good-faith belief that the content violates the TOU. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others.

A user may flag a specific item of content only once.

A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever).

  • Mobile

We currently provide TRAIL RUNNING MOVEMENT web sites through mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply. You provide all rights necessary to enable users to sync (including through an application) their notification lists with any basic information and contact information that is visible to them on Trail Running Movement, as well as your name and profile picture.

  1. UNAUTHORIZED ACCESS AND ACTIVITIES

This section 5 applies to all uses and users of TRAIL RUNNING MOVEMENT web sites, unless TRAIL RUNNING MOVEMENT has specifically authorized an exception to a particular term for a particular user in a written agreement. TRAIL RUNNING MOVEMENT has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.

To maintain the integrity and functionality of TRAIL RUNNING MOVEMENT web sites for its users, access to TRAIL RUNNING MOVEMENT web sites and/or activities related to TRAIL RUNNING MOVEMENT web sites that are harmful to, inconsistent with or disruptive of TRAIL RUNNING MOVEMENT web sites and/or its users’ beneficial use and enjoyment of TRAIL RUNNING MOVEMENT web sites are expressly unauthorized and prohibited. For example, without limitation:

The collection of TRAIL RUNNING MOVEMENT web sites users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any copying, aggregation, display, distribution, performance or derivative use of TRAIL RUNNING MOVEMENT web sites or any content posted on TRAIL RUNNING MOVEMENT web sites whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access TRAIL RUNNING MOVEMENT web sites without individual written agreements executed with TRAIL RUNNING MOVEMENT that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant TRAIL RUNNING MOVEMENT website, service, forum or content; (b) they access TRAIL RUNNING MOVEMENT web sitres from a stable IP address using an easily identifiable agent; and (c) they comply with TRAIL RUNNING MOVEMENT’s web sites robots.txt file; provided however, that TRAIL RUNNING MOVEMENT may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access TRAIL RUNNING MOVEMENT web sites without their own written agreement executed with TRAIL RUNNING MOVEMENT), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

Any access to or use of TRAIL RUNNING MOVEMENT web sites to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with TRAIL RUNNING MOVEMENT web sites (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

If you access TRAIL RUNNING MOVEMENT web sites or copy, display, distribute, perform or create derivative works from TRAIL RUNNING MOVEMENT webpages or other TRAIL RUNNING MOVEMENT intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on TRAIL RUNNING MOVEMENT web sites or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of TRAIL RUNNING MOVEMENT webpages on your computer or computer server constitute “copies” under the Copyright Italian Law Lg. 22/04/1941, n. 633 and / or European Community Copyright Legislation and International Government and U.N. Agreements. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and rights of TRAIL RUNNING MOVEMENT under mentioned national and international laws.

Any effort to decompile, disassemble or reverse engineer all or any part of TRAIL RUNNING MOVEMENT web sites in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of TRAIL RUNNING MOVEMENT contents in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of TRAIL RUNNING MOVEMENT web sites in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.

  1. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS

TRAIL RUNNING MOVEMENT and TRAIL RUNNING MOVEMENT Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

You agree to indemnify and hold TRAIL RUNNING MOVEMENT and TRAIL RUNNING MOVEMENT Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by TRAIL RUNNING MOVEMENT or TRAIL RUNNING MOVEMENT Representatives.

  1. FEES

TRAIL RUNNING MOVEMENT may charge a fee to post content or for other features, products, services or licenses. You are responsible to TRAIL RUNNING MOVEMENT for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize TRAIL RUNNING MOVEMENT, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in Euros and all charges will be made in Euros. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by TRAIL RUNNING MOVEMENT or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, TRAIL RUNNING MOVEMENT reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

  1. DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON TRAIL RUNNING MOVEMENT WEB SITES AND CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENTIS WEB SITES ARE ENTIRELY AT YOUR OWN RISK. TRAIL RUNNING MOVEMENT WEB SITES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, WEB PAGES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, WEB PAGES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, TRAIL RUNNING MOVEMENT ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON TRAIL RUNNING MOVEMENT WEB SITES OR DELIVERED CONTENT).

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

  1. LIMITATIONS OF LIABILITY

TRAIL RUNNING MOVEMENT AND THE TRAIL RUNNING MOVEMENT REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON TRAIL RUNNING MOVEMENT WEB SITES OR CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF TRAIL RUNNING MOVEMENT OR ANY TRAIL RUNNING MOVEMENT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES; ANY INABILITY TO ACCESS OR USE TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF TRAIL RUNNING MOVEMENT ACTIVITY THROUGH INTERNET OR CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON TRAIL RUNNING MOVEMENT WEB SITES AND LINKS IN CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES).

You hereby release TRAIL RUNNING MOVEMENT and each of the TRAIL RUNNING MOVEMENT Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to TRAIL RUNNING MOVEMENT web activity or content accessed through TRAIL RUNNING MOVEMENT web sites, or any interactions with others arising out of or related to TRAIL RUNNING MOVEMENT web activity or content accessed through TRAIL RUNNING MOVEMENT web sites, and you expressly waive the provisions of Italian and European Community Civil Law.

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

10. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please follow the directions for written notice:

Advice TRAIL RUNNING MOVEMENT through email at: info@trailrunningmovement.com and agree on a friendly solution. In case you are not satisfied, follow the procedure:

Provide our Customer care Office or Representatives with the following:

a) Identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

b) Identification of the material on the TRAIL RUNNING MOVEMENT web site that you claim is infringing, with enough detail so that we may locate it;

c) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

d) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

e) Your address, telephone number, and email address; and

f) Your physical or electronic signature.

Your Notice will be subject to Italian legislation and procedure protecting copyright.  In appropriate circumstances, TRAIL RUNNING MOVEMENT may terminate the accounts of repeat infringers.

11. INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of the TOU may cause TRAIL RUNNING MOVEMENT immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, TRAIL RUNNING MOVEMENT has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to TRAIL RUNNING MOVEMENT in law or in equity, TRAIL RUNNING MOVEMENT may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.

12. DAMAGES

In addition to any injunctive relief, you agree to pay to TRAIL RUNNING MOVEMENT the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to TRAIL RUNNING MOVEMENT as described in the following schedule:

This schedule relates to the TRAIL RUNNING MOVEMENT Terms of Use (“TOU”), and terms used here have the meanings given to them in the TOU.

In addition, for purposes of this schedule of liquidated damages, “Item of Content” means each and every instance of content of any type posted to, stored on or transmitted via TRAIL RUNNING MOVEMENT web sites by any user (or any other third party in any manner). For example, each single post to TRAIL RUNNING MOVEMENT  web sites (including but not limited to any ad, comment, flag or message posted to TRAIL RUNNING MOVEMENT web sites), each single data file stored on TRAIL RUNNING MOVEMENT web sites (including but not limited to any account information, text, code, images, video or binary file), and each single communication transmitted via TRAIL RUNNING MOVEMENT web sites (including but not limited to any email or response to an email) is a single “Item of Content.” Each “Item of Content” shall be considered and treated as an individual, discrete “Item of Content” even if it contains the same or substantially similar content as one or more other Items of Content.

For purposes of this schedule of liquidated damages, “Account” means each and every TRAIL RUNNING MOVEMENT web sites account of any type applied for, requested or created by any means (including but not limited to telephone-verified accounts, also known as phone verified accounts or “PVAs”).

For purposes of this schedule of liquidated damages, “Instance of Unauthorized Conduct” or “Instance” means each individual time TRAIL RUNNING MOVEMENT’s servers are accessed in connection with or in facilitation of a violation of the TOU.  With respect to the Instances of Unauthorized Conduct enumerated in paragraph 6 below, each day that TRAIL RUNNING MOVEMENT’s servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.

For purposes of this schedule of liquidated damages, “Attempt” shall be defined pursuant to Italian law.

TOU violations harm the functionality, integrity, and reputation of TRAIL RUNNING MOVEMENT ; interfere with and detract from users’ and customers’ beneficial use and enjoyment of TRAIL RUNNING MOVEMENT; and are detrimental to TRAIL RUNNING MOVEMENT as a business.  You acknowledge and agree that TRAIL RUNNING MOVEMENT incurs actual damages as a result of the TOU violations detailed below. You further acknowledge and agree that actual damages caused by such violations are extremely difficult, impossible or impractical to determine or quantify. Consequently, you agree it is fair and reasonable for TRAIL RUNNING MOVEMENT to obtain injunctive relief to prohibit future violations of these TOU and recover liquidated damages for past violations of these TOU, and you acknowledge that the amounts set forth below reflect reasonable estimates of TRAIL RUNNING MOVEMENT’s actual damages from each such violation and that such estimates are reasonably related to the actual damages caused to TRAIL RUNNING MOVEMENT by each such violation.

For each TOU violation below, you therefore agree to pay liquidated damages to TRAIL RUNNING MOVEMENT in the amount specified. You further acknowledge and agree that the imposition of liquidated damages for each such TOU violation is independent and distinct, and that the assessment of total liquidated damages for multiple TOU violations is cumulative.

  1. € 50 Per Item of Content

You agree to pay € 50 per Item of Content posted or stored on, or transmitted via TRAIL RUNNING MOVEMENT web sites either by you or on your behalf:

(a) using any automated means to perform any step of any process for submitting content (in whole or in part); (b) by any means that circumvent any technological measure implemented by TRAIL RUNNING MOVEMENT to restrict the manner in which content may be submitted on TRAIL RUNNING MOVEMENT web sites or to regulate the manner in which content (including but not limited to email) may be transmitted to other users; or (c) using Accounts that are created or used in violation of TOU paragraph4.b.

Liquidated damages under this paragraph 2 are in addition to Liquidated Damages that may be applicable to the Item of Content pursuant to other sections of this schedule and are agreed to be a reasonable estimate of TRAIL RUNNING MOVEMENT’s actual damages for the Items of Content posted using the means described in this paragraph 2 in addition to the liquidated damages incurred by TRAIL RUNNING MOVEMENT set forth elsewhere in this schedule. See, among others, TOU paragraph 4 b.

2. € 50 Per Item of Content

For the following, you agree to pay €100 per Item of Content:

(a) content that offers, promotes, advertises or provides links to unsolicited products or services (except that the content described in Section 5(g) of this schedule, shall be subject to liquidated damages as provided in Section 5(g)); (b) content that violates guidelines for particular categories or services on TRAIL RUNNING MOVEMENT web sites; or (c) content (including but not limited to ads, emails and other communications with TRAIL RUNNING MOVEMENT users) for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner and under any circumstance.  See, among others, TOU paragraph 4.a.

3. € 50 Per Account/Instance

For the following, you agree to pay € 50 per Account/Instance of Unauthorized Conduct:

(a) if you create, maintain or use at any time more than one Account (including without limitation PVAs) to post content; (b) if you create one or more Accounts for or on behalf of another; (c) if you permit, enable, induce or encourage someone else to create one or more Accounts on your behalf; (d) if you use other users’ Accounts (with or without their knowledge or consent) (including but not limited to your use of any Account you purchase or otherwise do not personally create); (e) for any Account you purchase, offer, market, sell, or distribute; (f) for any Account you create for another; (g) for any Account you create by any automated means; (h) for any Account verified using a telephone number that is not your own personal telephone number; (i) for any telephone number you purchase, offer, market, make available, sell or distribute for the purpose of phone verification; (j) if you use any Accounts created in circumvention of any technological restriction or security measure in the Account creation process; (k)if you create any Accounts in circumvention of any technological restriction or security measure in the Account creation process; (l) for any product, software, or tool (including but not limited to CAPTCHA credits) you acquire, purchase, offer, market, sell, or distribute, that facilitates circumvention of any technological measure implemented by TRAIL RUNNING MOVEMENT to restrict the manner in which content may be posted on TRAIL RUNNING MOVEMENT web sites or to regulate the manner in which content may be transmitted to other users; (m) if you collect TRAIL RUNNING MOVEMENT users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) or (n) for any activities (including but not limited to posting voluminous content) that are inconsistent with use of TRAIL RUNNING MOVEMENT web sites in compliance with the TOU or that may impair or interfere with the functionality, performance or quality of all or any part of TRAIL RUNNING MOVEMENT web sites in any manner.

See, among others, TOU paragraph 4.a. and 4.b.

4. € 10.000 Per Item of Content

For the following, you agree to pay € 10.000 per Item of Content:

(a) illegal content; (b) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (c) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (d) content that discloses another’s personal, confidential or proprietary information; (e) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via TRAIL RUNNING MOVEMENT web sites ); (f) malicious content (including, without limitation, malware or spyware); (g)  content that offers, promotes, advertises, provides links to or solicits posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to TRAIL RUNNING MOVEMENT would violate these TOU or TRAIL RUNNING MOVEMENT’s other legal rights.

See, among others, TOU paragraph 3.a.

5. € 25.000 Per Instance of Unauthorized Conduct

Technology can be misused to facilitate harm to TRAIL RUNNING MOVEMENT web sites, its users, and/or TRAIL RUNNING MOVEMENT web sites on a massive scale.  For the following, you agree to pay € 25.000 per Instance of Unauthorized Conduct:

(a) copying, aggregation, display, distribution or derivative use of TRAIL RUNNING MOVEMENT web sites or any content posted on TRAIL RUNNING MOVEMENT web sites (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes, or RSS feeds); (b) access to or use of TRAIL RUNNING MOVEMENT web sites to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, and mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with TRAIL RUNNING MOVEMENT web sites (including, without limitation, to access content, post content, respond to content, transmit content, create accounts, use accounts, circumvent security measures, or flag content); or (c) decompiling, disassembling or reverse engineering all or any part of TRAIL RUNNING MOVEMENT web sites in order to identify, acquire, copy, or emulate any source code or object code. See, among others, TOU 5.

6. Written License

Any conduct or content that is permitted pursuant to a written license agreement with TRAIL RUNNING MOVEMENT shall not be deemed in violation of the TOU as long as the conduct or content is specifically authorized pursuant to the terms of the license agreement.

Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of TRAIL RUNNING MOVEMENT’s damages for such violations, and that liquidated damages for violations of the TOU are and will be cumulative.

13. PRIVACY DISCIPLINE APPLIED TO TRAIL RUNNING WEB SITE USAGE

TRAIL RUNNING MOVEMENT is absolutely committed to respecting and protecting your data whilst it is in our care. We collect your personal information because it helps us to understand your needs and guides the way in which we interact and communicate with you about our products and services now and in the future. We have strict policies and procedures in place to protect your data when you send it to us, when we process it in order to provide you with the services you have requested or, where you have given us your permission to do so, to send you information that we think you’ll find interesting, and thereafter when we store your data on our secure servers. Your data will be treated according to Italian Privacy Law D.Lgs. n.196 30/06/2003 (http://www.garanteprivacy.it/web/guest/home_en/italian-legislation#1)

If you have comments, question or request related to this Privacy Policy please email to info@trailrunningmovement.com and we will respond as promptly and as fully as we can.

In addition we hereby describe some suggestions and safety measures addressed to TRAIL RUNNING MOVEMENT web sites users.

  1. Protecting your privacy
  • Account information is password-protected. Keep your password safe.
  • Forums use basic webserver authentication. Close your browser to log out.
  • TRAIL RUNNING MOVEMENT does not knowingly collect any information from persons under the age of 18. If TRAIL RUNNING MOVEMENT learns that a posting is by a person under the age of 18, TRAIL RUNNING MOVEMENT will remove that post.
  • TRAIL RUNNING MOVEMENT, or people who post on TRAIL RUNNING MOVEMENT web sites, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.
  1. Data collection
  • We sometimes collect your email address, for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email services, registering for forums, etc.
  • For paid job postings, we collect contact information, such as name(s), phone/fax number(s), and address for billing purposes.
  • We sometimes collect your phone number for account authentication purposes, and may transmit it to a third party service for tele-robotic verification.
  • We may collect personal information if you provide it in feedback or comments, post it on our forums, or if you contact us directly. Please do not post any personal information on TRAIL RUNNING MOVEMENT that you expect to keep private.
  • Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the TRAIL RUNNING MOVEMENT web sites, and to otherwise provide our service to you.
  1. Data storage
    • All postings are stored in our database, even after “deletion,” and may be archived elsewhere.
    • Our web logs and other records are stored indefinitely.
    • Registered job posters can access and update their account information through the account homepage.
    • Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security.
  1. Circumstances in which TRAIL RUNNING MOVEMENT may release information
  • TRAIL RUNNING MOVEMENT may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process or investigation.
  • TRAIL RUNNING MOVEMENT may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of TRAIL RUNNING MOVEMENT, TRAIL RUNNING MOVEMENT Representatives, TRAIL RUNNING MOVEMENT web sites its users or the general public.
  1. International Users

By visiting our web site and providing us with data, you acknowledge and agree that due to the international dimension of TRAIL RUNNING MOVEMENT we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such data may be stored on servers located in the Italy or other Countries. By providing us with your data, you consent to the transfer of such data.

14. TRAINING PROGRAMME AND TRAIL RUNNING ADVICES

TRAIL RUNNING MOVEMENT is wholly owned and operated by Cristina Tasselli (a patented sport trainer by Italian Organization member of International Olympic Committee – C.O.N.I.).

From time to time additional staff (coaching team) may be hired to help serve clients. Any additional coaching team staff will conduct themselves in the same manner and provide coaching services in the same manner as would be expected of TRAIL RUNNING MOVEMENT coaching programme.

Running and Trail Running, as with any sport, has inherent risk. The TRAILRUNNING MOVEMENT coach, coaching team, and management at TRAIL RUNNING MOVEMENT will do everything we possibly can do to help you minimize the risks while still working toward your goals. However, nothing can eliminate all risks.

YOU ARE STRONGLY RECOMMENDED TO CONSULT A DOCTOR BEFORE BEGINNING ANY EXERCISE PROGRAM.

Please Note:

NOT ALL EXERCISES ARE SUITABLE FOR EVERYONE. BEFORE YOU BEGIN FOLLOWING ANY TRAINING INSTRUCTIONS YOU RECEIVE FROM TRAIL RUNNING MOVEMENT COACH or COACHING TEAM YOU SHOULD HAVE PERMISSION FROM YOUR PHYSICIAN TO PARTICIPATE IN VIGOROUS TRAINING. BY PARTECIPATING TO TRAINING PROGRAM YOU DECLARE THAT YOU ARE IN POSSESS OF A VALID MEDICAL CERTIFICATION WHICH STATES YOU CAN PARTICIPATE TO VIGOROUS TRAINING. IN ANY CASE, IF, DURING OR AFTER YOUR TRAINING, YOU EVER FEEL DISCOMFORT OR PAIN, DO NOT CONTINUE ANY SPORT ACTIVITY AND MAKE SURE YOU CALL YOUR DOCTOR AND EVALUTE YOUR PHISICAL SITUATION.

THE INSTRUCTIONS AND ADVICE PRESENTED BY TRAIL RUNNING MOVEMENT COACHES, OR MANAGEMENT ARE IN NO WAY INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING.

By registering for the services of TRAIL RUNNING MOVEMENT, you waive and release any and all claims for damages that may occur as a result of your following the training plan set forth by your TRAIL RUNNING MOVEMENT coaching team against TRAIL RUNNING MOVEMENT, management, and your personal TRAIL RUNNING MOVEMENT coach. You further certify that you have full knowledge of the risks involved in starting, partaking, and completing a training plan.

Limitation of Liability for Training Programme of Trail Advice

TRAIL RUNNING MOVEMENT and its coaches are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the TRAIL RUNNING MOVEMENT web site advice or the coaching services provided through web pages, email or any other communication mean used by the TRAIL RUNNING MOVEMENT, TRAIL RUNNING MOVEMENT coaches and/or content, or information contained within the web site, and/or content or information contained in emails from the coaches in furtherance of such coaching services. Your sole remedy for dissatisfaction with the services provided is to stop using those services and do not put in practice any advice..

Paying for the TRAIL RUNNING MOVEMENT services constitutes acceptance of the terms of this agreement. By becoming a client of TRAIL RUNNING MOVEMENT, training programme you agree to have your email address added to our dedicated email list(s) and have your personal data stored in the training programma user’s database. TRAIL RUNNING MOVEMENT newsletters and offers of services are made available through our dedicated email list(s) or any other communication mean decided by TRAIL RUNNING MOVEMENT. Your personal data will not be disclosed to any outside Third Party without your prior consent. Your email and residence address may be used for commercial offer provide directly or indirectly by Third Parties according to Italian Privacy Law.

Payment for TRAIL RUNNING MOVEMENT coaching services is transacted through the fully secure PayPal system or other payment providers. Use your credit card to accrue any loyalty points that your card may offer. Payment for service needs to be completed two weeks prior to the commencement of the first and any subsequent month’s training plan. For your convenience, Payment for multiple months can be made in advance (discounts will be offered on a personal besis). If at any time you choose to discontinue with the TRAIL RUNNING MOVEMENT coaching services, just stop making payments. Please remember to contact PayPal or any other payment provider if you set up a recurring payment to make sure they know you want to stop payments. For those that choose to prepay for six months in advance, a refund of any full month(s) of un-used service will be refunded to you by TRAIL RUNNING MOVEMENT after deduction of bank transfer foreign commissions.

15. MISCELLANEOUS

These TOU constitute the entire agreement between you and TRAIL RUNNING MOVEMENT and supersede any prior written or oral agreement. Other than the TRAIL RUNNING MOVEMENT Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.

Any and all claims, causes of action or disputes (regardless of theory) between you and TRAIL RUNNING MOVEMENT arising out of or related to the TOU, TRAIL RUNNING MOVEMENT content accessed through TRAIL RUNNING MOVEMENT web sites shall be governed by the Italian law without regard to conflict or choice of law principles. You and TRAIL RUNNING MOVEMENT agree that any such claims, causes of action or disputes shall be brought exclusively in courts located in Milan – Italy, and you and TRAIL RUNNING MOVEMENT agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.