These Terms and Conditions ("Terms") govern your access to and use of the complimentary endurance sports training plan (the "Plan") provided by 80/20 Endurance LLC ("80/20 Endurance," "we," "us," or "our") via 8020endurance.com. By accessing, downloading, or using the Plan, you signify your acceptance of and agreement to be bound by these Terms. If you do not agree to these Terms, you must not use or access the Plan.
You acknowledge that participation in endurance sports training, including but not limited to running, cycling, swimming, and strength conditioning, is a physically strenuous and hazardous activity. It carries with it inherent risks of serious injury, bodily harm, disability, and death. You fully understand and voluntarily assume all such risks associated with your use of the Plan.
In consideration for being granted access to the Plan, you, on behalf of yourself, your executors, heirs, successors, and assigns, hereby release, waive, discharge, and covenant not to sue 80/20 Endurance LLC, its members, managers, employees, agents, and affiliates (collectively, the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever, whether in law or equity, arising out of or related to any loss, damage, injury, or death that may be sustained by you, or any loss or damage to any property belonging to you, as a result of engaging in the training prescribed by the Plan, whether caused by the negligence of the Released Parties or otherwise.
You agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or costs, including reasonable attorneys' fees, that they may incur due to your violation of these Terms, or your use of the Plan.
You acknowledge and agree that the Plan is a general fitness guidance tool and is for informational purposes only. It is NOT a substitute for professional medical diagnosis, advice, or treatment. You should always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or physical fitness prior to commencing any exercise program, including the Plan.
You certify that you are in good physical health and are physically and medically able to participate in the training prescribed by the Plan. You agree that you will discontinue exercise immediately if you experience any pain, dizziness, or shortness of breath, and will immediately consult your physician.
You understand that 80/20 Endurance does not monitor your physical condition or training execution and has no duty to provide medical assistance or emergency response services in connection with your use of the Plan.
The Plan, including its structure, methodology, text, graphics, and underlying philosophy, is the exclusive intellectual property of 80/20 Endurance LLC and is protected by copyright and other intellectual property laws.
80/20 Endurance grants you a limited, non-exclusive, non-transferable, and revocable license to use the Plan solely for your personal, non-commercial training and education.
You may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Plan for any commercial purpose without the express prior written consent of 80/20 Endurance.
The Plan is provided to you free of charge and on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, 80/20 Endurance expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
80/20 Endurance makes no warranty or representation that: (a) the Plan will meet your specific needs or expectations; (b) the results that may be obtained from the use of the Plan will be accurate or reliable; or (c) any performance improvements or desired outcomes will be achieved. Your results are dependent on numerous factors, including your adherence to the Plan, current fitness level, diet, and rest.
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
80/20 Endurance reserves the right to modify these Terms at any time. Your continued use of the Plan after any such changes constitutes your acceptance of the new Terms.
BY ACCESSING OR USING THE PLAN, YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION), AND YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.