TERMS OF USE

These terms (“Terms”) cover the use of those JO:SE:RRA consumer products, website, and services (the “Services”). You accept these Terms by creating a JO:SE:RRA account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.

 

Legal Notice

JO:SE:RRA, José Ramón Callén Rodríguez, con NIF/CIF 18031926H, address in Plaza Luis Buñuel, Nº2, 4ºd, 22003 – Huesca (Huesca), can not assume any responsibility derived from the incorrect, inappropriate or illegal use of the information appearing on the internet pages of www.joserra.training

With the limits established by law, www.joserra.training does not assume any responsibility derived from the lack of veracity, integrity, updating and accuracy of the data or information contained in it’s Internet pages.

The contents and information are not linked towww.joserra.trainingnor do they constitute opinions, advice or legal advice of any kind, since they are merely an informative service offered.

The Internet pages of www.joserra.training pmay contain links to other pages of third parties that  www.joserra.training can not control. Therefore, www.joserra.trainingan not assume responsibility for the content that may appear on the pages of third parties.

The texts, images, sounds, animations, software and the rest of contents included in this website are the exclusive property of www.joserra.trainingor its licensors. Any act of transmission, distribution, assignment, reproduction, storage or total or partial public communication must have the express consent of  www.joserra.training.

Also, to access some of the services that  www.joserra.trainingoffers through the website, you must provide some personal information. In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and the Council, of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free movement of this information we inform you that, by filling in these forms, your personal data will be incorporated and will be treated in the files of José Ramón Callén Rodríguezin order to be able to lend and offer our services as well as to inform you of the improvements of the website.

Likewise, we inform you of the possibility of exercising the rights of access, rectification, cancellation and opposition of your personal data, free of charge by email to info@joserra.trainingor at Plaza Luis Buñuel, Nº2, 4ºd, 22003 – Huesca (Huesca).

 

Your Privacy

Your privacy is important to us. Please read the JO:SE:RRA Privacy Policy it describes the types of data we collect from you and your devices (“Data”), how we use your Data, and the legal bases we have to process your Data.

 

Feedback

You may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Restrictions on Rights to Use

You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):

  • modify, adapt, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
  • collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
  • reformat or frame any portion of any Web pages that are part of this Site;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users’ enjoyment of the Site;
  • submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
  • use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content offered on this Site other than for your personal, non-commercial use;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
  • use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.

We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

 

Ownership

As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the “Site Content”), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.

 

Using the Services

  • Creating an Account.You are required t to register on the Website in order to make use or adquire JO:SE:RRA services/products. Once registered, you will be able to log into your account using your chosen usernames and passwords.

You agree not to use any false, inaccurate or misleading information when signing up for your account. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your JO:SE:RRA account.

  • Service Notifications.When there’s something we need to tell you about a Service you use, we’ll send you Service notifications through email
  • Ending your Services.If your Services are canceled (whether by you or us), first your right to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your JO:SE:RRA account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Services. Third, you may lose access to products you’ve acquired

 

Service Availability

The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region.

We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and JO:SE:RRA is not liable for any disruption or loss you may suffer as a result.

 

Updates to the Services (products and services), and Changes to These Terms

  • We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services and close your JO:SE:RRA account
  • Additionally, there may be times when we need to remove or change features or functionality of the Services or stop providing a Service. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any product ir service previously purchased.

 

Purchases on the Site

JO:SE:RRA do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, JO:SE:RRA reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. All items are subject to availability and JO:SE:RRA reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. JO:SE:RRA reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

 

Payment Terms

  • Payment Terms.If you purchase JO:SE:RRA Service, then these payment terms apply to your purchase and you agree to them.
  • Charges.The price stated for the Services includes taxes and in any case they will be expressed in the Euro currency (€). However, prices are shown without including shipping costs. Shipping costs will be added to the total amount during the purchasing procedure. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
  • Your Billing Account.To pay the charges for a Service, you will be asked to provide a payment method (Paypal or  Stripe credit card) at the time you sign up for that Service. You can access and change your billing information and payment method on the  JO:SE:RRA account management website . Additionally, you agree to permit JO:SE:RRA to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
  • Billing. By providing JO:SE:RRA with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize JO:SE:RRA to charge you for the Services or available content using your payment method; and (iii) authorize JO:SE:RRA to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) at the time of purchase; (b) shortly after purchase; or (c) on a recurring basis for subscription Services.
  • Recurring Payments.When you purchase the Services on a subscription basis (montly), you agree that you are authorizing recurring payments, and payments will be made to JO:SE:RRA by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by JO:SE:RRA. By authorizing recurring payments, you are authorizing JO:SE:RRA to store your payment instrument and process such payments as charges to your designated account (for credit card or similar payment- Electronic Payment). Subscription fees are generally charged the first day of the month. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, JO:SE:RRA reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
  • Online Statement and Errors. JO:SE:RRA will provide you with an online billing statement on the  JO:SE:RRA account management website , where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won’t be required to correct the error or provide a refund. If JO:SE:RRA has identified a billing error, we will correct that error within 90 days.
  • Canceling the Services. You may cancel a Service at any time, with or without cause. To cancel this kind of Service visit JO:SE:RRA account management website . Depending on the kind of Service you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iv) you may lose access to and use of your account when you cancel the Services. We will process your Data as described above in section 4. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
  • Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that JO:SE:RRA has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

 

(a)Returns and changes of the customized Gobik clothing made exclusively for JO:SE:RRA: Gobik, maker of sports clothing, manufactures specifically for JO:SE:RRA their customized clothes.

Because of the making process is done depending directly on the demands of the customers and because of the clothing production is based directly on the requests received, returns and/or changes are not allowed because JO:SE:RRA doesn’t have any wear in stock to supply those request.

Thus, it is key that the customer interested in purchase some clothing selects correctly his or her wear size.

For his part, JO:SE:RRA (and his team) will be absolutetly sure that all the clothes are in perfect state before sending them to the final buyer,

 

(b) Training Camps Policy: JO:SE:RRA proposes training camps in collaboration with Endurance Sports Travel (EST). For that reason during every training camps the policies, condicions and terms will be the same that EST proposes during its trips and training camps. Those conditions are:

* The services offered in our “packages” are a collection of discounted prices. We do not offer any additional discounts for groups unless otherwise specified.

* If no final payment has been received by the “Payment Due Date” and communication has been lost with the client(s), Endurance Sports Travel reserves the right to cancel the “package” with no refund of the deposit. Exact “Payment Due Dates” will vary from race to race. Any questions regarding your due date should be directed to Endurance Sports Travel.

* All payments must be paid to Endurance Sports Travel 60 days prior to the “event” unless prior arrangements for cash or other payment have been made between Endurance Sports Travel and the “client” upon arrival. Exact “Payment Due Date” and “Price” will vary from race to race. Any questions regarding your due date should be directed to Endurance Sports Travel.

* Clients will not pay the hotel for the balance or any other portion of the “package” offered by Endurance Sports Travel. All payments will be made directly to Endurance Sports Travel.

* “Final” Payments for all trips will be requested approximately 60 days before the event.  Once the “Final” Payments are made to Endurance Sports Travel all payments are non-refundable. Exact “Final” Payment due date may vary from race to race.

* All clients are required to pay for a non-refundable deposit, generally $400, though this may vary by race or on a case by case basis. The $400 non refundable deposit is based on per room or per entry request or both and is non-refundable. For most races the $400 non refundable deposit will be applied towards the cost of your “package.”

* If a client(s) cancels prior to the final “Payment Due Date”, due to injury (EST may request medical note) or personal reasons, Endurance Sports Travel can refund all but the “non-refundable” deposit. Any and all cancellations made by the client, due to injury or personal reasons, inside the “Payment Due Date” are NOT subject to refund.

* If a client(s) changes room type and or hotel location we can accommodate this change until the room reads “Sold Out” on our website. After that, if there is adequate time and we are able to fill the room, the client may change to the room or hotel requested. As we offer our packages on a first come first serve availability there is no guarantee for a room change.

* All race entry slots sold by Endurance Sports Travel will be sold in conjunction with a “package.” If you, at anytime cancel your “package” with Endurance Sports Travel you will automatically forfeit your race entry unless otherwise agreed upon with Endurance Sports Travel.

 

  • Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
  • Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.

 

Warranties

JO:SE:RRA MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. JO:SE:RRA DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.

 

No Medical Advice.

THE CONTENT WE PROVIDE THROUGH THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES 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. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE OUR CONTENT 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 US. JO:SE:RRA IS NOT A HEALTHCARE PROVIDER OR BUSINESS ASSOCIATE OF A HEALTHCARE PROVIDER.

 

Limitation of Liability

If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from JO:SE:RRA direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred. You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.

 

Applicable legislation and Jurisdiction

The use of our website and product purchase agreements through the website will be governed by Spanish legislation. Any controversy that arises or relates to the use of the website or with the contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

 

Remedies

You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.