Get There Find Out®  Plain Language Terms of Service

Using Our Services

Welcome to Get There Find Out®! Our apps and services are provided by Get There Find Out, LLC®, located at 2265 S. State Street #404, South Salt Lake, UT, 84115, USA. When you use our apps, websites, or services (we’ll call all of these “Services”), you’re agreeing to our rules. You can find more details about what we offer on https://gettherefindout.com. By signing up and clicking “I agree,” you accept these rules. If you don’t agree with the rules, please don’t use our Services.  

Our lawyers also told us we need to say this: You here acknowledge the Get There Find Out® (GTFO) Privacy Notice (the “Privacy Notice”) https://gettherefindout.com/home/privacy-policy/. You agree to comply with these Terms and any supplemental terms which GTFO makes available to you on the Services which shall form part of the Terms. GTFO reserves the right to review accounts and user actions with the Services to ensure compliance with our Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

Are You Allowed to Use the Services?

You can use our Services if you’re over 13 years old, or the age required in your country to use our Services. If you’re too young to make a binding contract, you need your parent or guardian’s help to use our Services.

Your GTFO Relationship

When you buy our services, you need to give us real, complete, and current information.  We do not create any account for you or store your payment information.  We also do not retain your login information with our partners, such as Garmin.®

Signing In with Other Services

GTFO communicates with your Garmin Connect® account by using information you provide to us.  When you do this, you’re telling GTFO to get your information from Garmin®. Remember to follow the rules of any third-party services you connect to, like Garmin®.  We do NOT retain your login information for third party service providers.  

Data We Need from You

We need to use data about you, like your Garmin® information, to make GTFO work. By using GTFO, you agree that we can process this information. It’s a must for us to give you our Services.

If There’s a Problem

Just so you know, we have a way to settle arguments between you and us. For most users, if we have a disagreement, we’ll have to sort it out through arbitration (it’s like a court trial but less formal) instead of suing in court. This means you’ll give up the right to go to court to argue your case. There are some instructions you need to follow if you want to opt-out of this, which we’ll explain later.

Money Matters

Paying for GTFO

To use GTFO you’ll need to tell us how you’ll pay. If you enter your payment details, you give us and our payment partners permission to save and protect that info. You can change how you pay or your payment details anytime on our website under your account details. 

Fees

GTFO charges for its services.  You pay for each separate service as provided by our fee schedule. You can pay monthly or yearly. We charge you for the subscription in advance. If you switch from paying monthly to yearly, the new rate starts on your next billing date. We’ll tell you if the fees go up.

Cooling Off

Depending on where you live, you might have the right to change your mind and get a full refund within 14 days, as long as you haven’t used our services during that time.

Free Trials

Sometimes we offer free trials. If your account starts with a free trial, we may ask for your payment method, but we won’t charge you until the trial ends. If you don’t want to pay, make sure you cancel before the free trial is over.

Keep It Personal 

Our Services are for personal use. Don’t take things from GTFO and sell them, or change and share them for business purposes.  We have a very specific license agreement which is in the box below.  Please follow it and don’t reproduce, transfer or sell our map data. (If you are a professional/sponsored athlete, you will need the Enterprise version of our services).  

License

End-User License Agreement (EULA) for Map Data File

1. Grant of License

This End-User License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single entity) and Get There Find Out, Inc. (“Licensor”). The Licensor grants you a non-exclusive, non-transferable, revocable license to use the map data file (“Map Data”) provided with this Agreement for personal, non-commercial recreational purposes only, subject to the terms and conditions set forth herein.

2. Restrictions

You may not:

3. Intellectual Property Rights

The Map Data is proprietary to Licensor and is protected by copyright and other intellectual property laws and treaties. You have no ownership rights in the Map Data. All rights not expressly granted in this Agreement are reserved by Licensor.

4. Term and Termination

This Agreement and the license granted herein shall remain in effect until terminated by you or Licensor. You may terminate this Agreement by deleting the Map Data and all copies thereof from your device. The Licensor may terminate this Agreement at any time without notice if it finds that you have violated any of the terms of this Agreement. Upon termination, the license granted hereunder shall terminate and you must cease all use of the Map Data and delete all copies of the Map Data.

5. Disclaimer of Warranties

The Map Data is provided to you “AS IS” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Licensor, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Map Data, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Licensor or its affiliates, or any of its or their respective licensors or service providers, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Map Data, third-party software and/or third-party hardware used with the Map Data, or otherwise in connection with any provision of this Agreement), even if Licensor or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles.

8. Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

9. Entire Agreement

This Agreement constitutes the entire agreement between you and Licensor regarding the Map Data and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.

Links and Feeds

You can link to GTFO, but make sure it’s not for business. And don’t make GTFO look bad or wrong.

Your Equipment

Using GTFO might mean you need to get or improve some gear, like a GPS watch. We might suggest gear, but we’re not responsible for it.

Outside Stuff on GTFO

If you buy or use services or products from someone else on GTFO (say, through an advertising link), you’re dealing directly with them, not us. We’re not in charge of what happens outside of GTFO.

Links to Other Places

Sometimes there will be links to other websites on GTFO. We don’t control those websites, so remember that we’re not responsible for what they do. YOU AGREE THAT GTFO SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.

Who Owns GTFO’s Stuff

The stuff we’ve made for GTFO, including software and data, is ours. You can’t copy it or use it for your own business without our okay.  The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content.

Trademark Rules

“Get There Find Out” and the Get There Find Out logos are our trademarks. Don’t use them without asking us first.

If Someone Copies Your Stuff

If you think someone has stolen information provided to GTFO, tell us, and we’ll look into it. There are certain steps and information we need from you to help with this.

Your Suggestions

We love hearing your ideas to make GTFO better! When you tell us your suggestions, you’re letting us use them without having to pay you.  Contact us at info@rungtfo.com.

Guarantees and Responsibilities

This is some really important language our lawyers insist be in these terms: 

Disclaimer of Warranties and Liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. GTFO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. GTFO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (d) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT GTFO IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL DATA, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND GTFO.

YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, CYCLING, RUNNING, OR FOLLOWING A GTFO TRACK OR MAP OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF GTFO OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE THAT GTFO DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES.

YOU EXPRESSLY AGREE TO RELEASE GTFO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE GTFO WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY GTFO MAP OR TRACK), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY GTFO (INCLUDING, WITHOUT LIMITATION, ANY GTFO MAP OR TRACK) WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GTFO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO GTFO IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.

Indemnity

You agree to indemnify and hold GTFO and its subsidiaries, 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 your use of the Services, your athletic activities which generate the Content you post or seek to post on the Services (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events which GTFO’s Services are used in connection with), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to GTFO are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

Notice for California Athletes

Under California Civil Code Section 1789.3, California Services athletes are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Dispute Resolution

Arbitration

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the GTFO’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, GTFO will pay the additional cost. You and GTFO hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if GTFO is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. This provision does not apply to users who live in the European Union.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception—Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Thirty-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: Get There Find Out, LLC, 2265 S. State Street #404, South Salt Lake, UT, 84115, USA. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, GTFO also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, GTFO may elect to terminate your use of the Services.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with GTFO and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This provision does not apply if you are based in the European Union in which case time limitations shall be determined in accordance with governing law for EU users mentioned below.

Choice of Law and Forum

Any action related to the Terms, Content, the Services, and your relationship with the GTFO shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts in Salt Lake City, Utah, and you consent to the exclusive jurisdiction of the federal or state courts in Salt Lake City, Utah. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users who reside in the European Union.

If you are a user based in the European Union, then Irish law shall apply to these Terms and the Irish courts shall have exclusive jurisdiction to hear disputes arising in relation to the Terms. Despite this, your local laws in your European Union Member State may allow you to take legal action against GTFO in your Member State and to invoke certain local laws against GTFO.

United States Operation

This Services are controlled by GTFO from its offices within the United States of America. GTFO makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

Limitations to Our Obligations Caused by External Factors

Courses can change because of weather, natural disaster, race director discretion, or other factors outside of our control.  If a course you have purchased is changed from the official published race course after the date that you purchased the course, you must purchase a new course reflecting those changes by paying a Change Fee.  We will provide to you a Change Fee schedule upon request.  If the change to the published course is made within 30 days of the race date, we may be able to still update the course.  If we can do so, you must pay an Emergency Change Fee.   The closer changes are made to the race date the less likely we can update the course.  If we are unable to issue a new course map or you choose not to pay a Change Fee, you agree to navigate with the course we have provided as much as applicable to the changed course and to use other navigation means to travel on the altered course, or not to use the course we have provided.  

Ending Your Use of GTFO

We can stop your access to GTFO if things go really wrong, like if you break the rules badly. If that happens, you might lose your account or content, and you won’t be able to use GTFO anymore.

The Big Picture

These rules make up our whole agreement with you. If we don’t enforce part of it, that doesn’t mean we won’t or can’t later on. Also, we might assign our rights to someone else if we need to.

Changes to GTFO

We might change the rules or our Services sometimes. We’ll let you know when we do. If you keep using GTFO after we make changes, that means you accept the new rules.

Final Notes

Just so you know, anything that isn’t covered here is reserved by us.