Terms and Conditions
Synonymous Terms used throughout the Terms and Conditions, waivers, and Site: Trail Racing Over Texas LLC, may also be referred to as "TROT" and includes affiliates, owners, and employees including Neff Running LLC may also be referred to as "Hardloop Endurance", "Hardloop", Calum Neff, "Race Director", "RD", or "Coach".
The content of the TROT website (the "Site" includes all TROT Social Media Channels), including Hardloop store and training site and all content delivery platforms, (“Site”) is provided to you, the user, to broaden your understanding and knowledge of TROT races, TROT events, trail running, ultra running, general running, exercise, 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.
Trail Racing Over Texas LLC authorizes you to view and use the material on this site and all TROT content platforms 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.
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.
European Global Data Protection Regulation
Trail Racing Over Texas understands Member Registration and Payment Information may be considered Personal Data under European Union Global Data Protection Regulations (GDPR). Trail Racig Over Texas 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. Trail Racing Over Texas 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.
We may share parts of your data with the following 3rd party vendors that we require to make your products and services work:
Wix Payments, PayPal, Venmo, Zelle: For processing payments. Your name, email and credit card information is never stored anywhere in our system.
Wix Mail or MailChimp: For sending transactional emails. Nothing is explicitly shared with SendGrid.
Wix Campaign, SendFox, MailChimp: For adding your email to our customers' email list when signing up. You are always free to unsubscribe.
Final Surge: If you are a privately coached Hardloop Athlete, then your order information is shared with Final Surge in order to provide access to your training plan and athlete content.
Google G Suite: For email communication with customers and website analytics.
UltraSignup: Please see UltraSignup's terms and conditions. TROT utilizes UltraSignup as a registration management system and will receive registered runner information including name, age, address, emergency contact, and any other profile or registration information provided to UltraSignup.
If you wish to access, modify or delete your data please send and email to firstname.lastname@example.org 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 registration fees, venue fees, merchandise purchases, membership fees for club, events, private coaching, training plans, events, or other products and services (digital or physical), you are obligated to make one-time payments or membership fees on a monthly or annual basis. Membership fees will be billed automatically to the Payment Method and will renew automatically until the membership is terminated. You authorize TROT to charge your designated Payment Method for the product or membership charges and fees. TROT reserves the right to increase prices and fees or institute new fees at any time upon reasonable notice posted in advance on this Site. Purchases of membership to any products or service are final and non-refundable for any unused portions of your membership period. See our TROT policy page for our credit and deferral policy.
See our TROT policy page for our credit and deferral policy.
TROT reserves the right to refuse or cancel service, terminate accounts, registrations, orders, and subscriptions at its sole and absolute discretion. You agree that TROT shall not be liable to you or any third party for any termination of your account or access to the Site.
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 TROT 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, or any TROT social networks, 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 TROT reserves the right, in its sole and absolute discretion, to monitor and reject any Content that is available on the Site or (TROT channels) that violates the Terms or is otherwise objectionable.
Content Submitted to the Site
TROT does not own the Content that you submit to the Site. However, but agreeing to these Terms and Conditions, TROT is granted a perpetual, irrevocable license to use and distribute any Content on the Site for any purpose.
TROT 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
TROT has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site or other TROT social channels. TROT 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.
You agree to indemnify and hold TROT 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.
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 Austin, TX, with all expenses being shared equally by the parties. Judgment upon any AAA award may be entered into Texas Superior Court. 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 Texas 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.
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.
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, pandemics, 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 TROT 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 TROT in order to participate in TROT events or improve your training and racing. YOU understand that participation in endurance training and events 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 and racing which YOU have chosen and agreed to undertake, and should any unusual symptoms or conditions occur, I will immediately cease following the training program or participation in the event 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 and ENDURANCE EVENTS. 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 TROT 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 TROT events or training programs, YOU agree to assume the risks of such training and racing, and further agree to hold harmless Trail Racing Over Texas LLC (TROT) 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.
Description of and Assumption of Risks
The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, sickness, disease, contagion including but not limited to COVID-19, permanent disability, paralysis and loss of life. The Participant understands and acknowledges that there are risks, dangers and hazards inherent in the Activities and related disciplines (the “Risks”) which include without limitation: strenuous and demanding physical exertion, strenuous cardiovascular workouts, rapid movements, exertion and tension on various muscle groups which may cause serious in jury to any/or all bones, joints, ligaments, muscles, tendons and other aspects of the Participant’s body or the Participant’s general health and well being; Concussion or other related head injuries including but not limited to closed head injury or blunt head trauma; Loss of or damage to equipment/property; Exposure to extreme conditions and circumstances; Contact with or proximity to other participants, officials, administrators, spectators, natural or manmade objects, dangers arising from adverse weather conditions, imperfect field of play conditions, equipment failure or malfunction, inadequate safety measures and the involvement of participants of varying skill levels; Contact with or exposure to other participants, officials, administrators, spectators or other attendees at the facilities at which the Activities take place who may have been or may be infected with COVID-19 resulting in the Participant contracting or spreading COVID-19. Contact with or exposure to surfaces or equipment at the facilities at which the Activities take place resulting in the Participant contracting or spreading COVID-19. The Organization may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming. The Participant understands that the Risks may be caused in whole or in part by the Participant’s own actions or inactions, the actions or inactions of others participating in or present during the Activities, or the negligent acts or omissions of the Organization. The Participant also understands that the Organization cannot prevent the Participant from becoming exposed to, contracting, or spreading COVID-19 while engaged in the Activities and that by engaging in the Activities the Participant may be exposing themselves to or increasing their risk of contracting or spreading COVID-19. The Participant expressly and voluntarily chooses to accept the risk of contracting COVID-19 and the responsibility for any damages, liabilities, losses including loss of income, expenses, or any other related losses arising therefrom. The Participant expressly and voluntarily assumes the Risks and the responsibility for any damages, liabilities, losses including loss of income, expenses, or any other related losses arising from the Risks as a result of the Participant’s participation in the Activities. Participation in running and conditioning programs carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I know that running is a potentially hazardous activity and certify that I am in good health and physically fit to enter into a training program. I acknowledge that I am aware of the many risks involved in athletic training in general and running training specifically, which risks include by way of example and not limitation: 1) minor injuries such as scrapes, bruises, sprains and strains, 2) more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, heat related injuries such as heatstroke and heat exhaustion, dehydration and over hydration conditions such ashyponatremia, and catastrophic injuries and conditions such as heart attacks and other conditions or injuries which could be fatal. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in training for and participating in road, trail, and track running and racing and any conditioning and cross-training activities associated with that training. I agree and understand that I am solely responsible for my health and medical condition, and that it is my sole responsibility to determine my physical and medical fitness to undertake a strenuous training program or event. I acknowledge that the Race Director is not a medical doctor and that the advice and recommendations of the Race Director are based upon the Race Director's training, certifications, and experience as a runner, coach, and event manager. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Terms and Attestation
The Participant attests, acknowledges and agrees: That the Participant is in good physical and mental condition to participate in the Activities. The Participant will comply with the rules and regulations for participation in the Activities including those that are a condition of use of the facility or venue in which the Activities occur. The Participant will comply with all rules and regulations of the Organization, and all laws, rules, regulations, policies and guidelines issued by the City, County, State, and Country of the Activity and relevant Public Health Authorities concerning matters of health and safety and specifically as they relate to COVID-19. If the Participant observes a significant hazard or risk, the Participant will remove themselves from participation in the Activities and report the hazard or risk to the attention of an Organization representative immediately. That the Organization does not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Participant When the Participant practices or trains in the Participant’s own space, the Participant is responsible for the surroundings and the location and equipment that the Participant selects. That it is the Participant’s sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity; and That the Participant is responsible for the choice of the Participant’s safety equipment, if required or recommended, and the secure fitting of the safety equipment.
Severability and Acknowledgment
Site User expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon me, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. I further acknowledge by signing this agreement I understand that I have waived my right to maintain a lawsuit against the Organization and released the Organization from any claims that I may have against the Organization for any injuries, loss or damage arising out of my participation in the Activities.
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.
Governing Law, Jurisdiction, and Attorney Fees
Any dispute concerning the parties’ rights and responsibilities under this Agreement that 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 Texas. All expenses of arbitration shall be shared equally by the parties. Judgment upon any AAA award may be entered into Texas Superior Court. The prevailing party in any dispute arising out of this Agreement shall be entitled to an award of its reasonable attorneys’ fees and costs.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the TROT. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
Marketplace Commission Terms & Conditions
If your item is no longer available, or the condition as-listed changes, you must notify email@example.com immediately
You will be responsible for shipping and proper packaging direct to buyer or to TROT within 5 days of the item selling. Tracking number should be provided via email once item is shipped. Local pickup/drop-off and other changes can be arranged through firstname.lastname@example.org email. Hardloop is not responsible for lost or damaged items or issues arising from the delivery of the item.
Seller payout will be held until item is received and confirmed in condition as expected. Seller payout will be made within 5 business days of accepted receipt of item per the preferred payout method. Seller payout will be: item sold price (amount received by buyer) -10% fee. Shipping reimbursement will also be added or subtracted (if applicable).
Form will be reviewed once submitted, follow-up with questions or verification (including video call) may be required before item is accepted for listing by discretion of Hardloop. Items of excessive wear, dirty, damaged/not working, low/no market value, fake/non-authentic, or deemed not appropriate for resale will not be accepted. Acceptance confirmation will be sent if approved.
By submitting this form you confirm and agree that you currently own and have the item in your possession, all information provided below is accurate, have the right to sell the item, the item is not stolen or counterfeit, the item itself or its method of being acquired and transported do not violate any laws, regulations, or restrictions. Information submitted via this form, including photos, or items received are subject to being shared with law enforcement or other third-parties as part of criminal investigations into stolen or counterfeit goods.
Sales are final once confirmed by Hardloop, you as the seller must make all reasonable effort to fulfill the order or be subject to additional fees.
Items Received in Physical Possession by Hardloop
You may choose to add Return Assurance for the cost of return shipping and to be deducted from your next payout. If you select Return Assurance, Hardloop will return items that we do not accept to your address on file. Alternatively, if you do not wish to receive the items back, we will notify you which items have not been accepted and the charity they will be donated to.
UNACCEPTED ITEMS BECOME PROPERTY OF TROT / HARDLOOP
If Return Assurance is not selected, any unaccepted items will immediately and irrevocably become Property of Hardloop and will not be returned. Hardloop reserves the right to sell unaccepted items to third-party textile recyclers or through its other proprietary commercial channels without any obligation to compensate you for such unaccepted items. If you do not agree to the foregoing, please select Return Assurance on your form.
YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
You hereby represent and warrant that (a) you have good and marketable title to each item of Property and have the right to sell the Property; (b) none of the Property is subject to any liens or other encumbrances; (c) the Property does not include counterfeit goods; and (d) the Property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation.
Listing prices are determined by many factors, including the estimated retail price, brand, seasonality, and quality of each item. The listing window for all items is 60 days. After the 60 day window lapses, we will contact you about setting a new lower price and to give you options for reclaiming your items.
Your payout will be based on the final selling price minus the Hardloop Consignment Fee. Payouts may be adjusted accordingly if your item was purchased using a discount offer.
RECLAIMING ACCEPTED ITEMS
You may first reclaim an item 60 days after the item is listed through our Services. If you wish to reclaim your item before the minimum 60 days, there will be a 20% reclaiming fee applied. If your item doesn’t sell within its listing window of 60 days, you may reclaim your item if you do not wish to relist it. You will be charged the appropriate shipping fees for the item to be returned if you didn’t select return assurance when you sent your items to Hardloop.
COUNTERFEIT AND STOLEN ITEMS
You acknowledge and understand that Hardloop is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law. Hardloop fully cooperates with law enforcement and brands seeking to track down the source of counterfeit items.
You are responsible for ensuring the authenticity of all Property you provide to us. Hardloop authentication process is proprietary and independent. If The Hardloop cannot verify the authenticity of an item you have consigned or it does not otherwise meet our authenticity standards, we reserve the right in our sole discretion to refuse to accept the item. Hardloop reserves the right to destroy apparel it deems to be counterfeit in accordance with applicable laws. You acknowledge and agree that any item determined by Hardloop to be counterfeit will not be returned to you and will be destroyed unless Return Assurance is selected. **Please see our Acceptance and Quality Standards for more information.
TITLE TO PROPERTY
You will continue to own and have title to each item of Property that we have accepted until that item is “sold“. An accepted item will be considered sold when: (a) Hardloop buys your item and
(b) an item is sold by Hardloop to a customer.
PAYOUT AND OTHER DISPUTES
If there is a dispute between you and Hardloop, Hardloop will have no obligation to pay any payout or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. Hardloop may withhold any payout earnings due to you (including any due for sold items of Property not subject to the dispute) in full or partial satisfaction of any amounts you owe to Hardloop.
Any perceived or actual failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of TROT's right to subsequently enforce such provision or any other provision of this Agreement.
If any provision of this Agreement is determined by a court to be unenforceable, such provisions shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
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/subscription or cease visits to the Site.