PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, USING, OR PARTICIPATING IN OUR IN-STORE SERVICES, IN-PERSON PROMOTIONAL ACTIVITIES, WEBSITES OR OTHER ONLINE OR MOBILE SERVICES OR APPLICATIONS (THE “SERVICES”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. THESE TERMS CONTAIN AN ARBITRATION PROVISION REQUIRING YOU AND BROOKS TO RESOLVE MOST DISPUTES IN ARBITRATION SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH BROOKS, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 18(j). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES. These Terms of Use ("Terms") are a binding legal agreement between you and Brooks Sports, Inc. and its subsidiaries (collectively, “Brooks” or “we”), and apply to your access to, and use of, the Services, including any purchase you make through the Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Brooks for products, services or otherwise (including but not limited to the Brooks Sports, Inc. Product Testing Agreement). If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms (other than this sentence) will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us. Brooks reserves the right to change or modify these Terms or any policy or guideline of the Services, at any time and in our sole discretion. If we make changes to the Terms, we will provide you with notice of such changes, such as by sending an email or by posting the revisions on the Services and updating the Last Updated date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services. If you have any question regarding the Services or these Terms, please refer to our Help Articles or to our Frequently Asked Questions. All other questions or comments about the Services should be directed to Brooks Customer Service. 1. Privacy Policy Please refer to our Privacy Policy for information about how Brooks collects, uses and discloses the personal information of our users. 2. Terms of Sale All sales made through the Services are governed by this Section 2 (our “Terms of Sale”), below. Please refer to these Terms of Sale for the terms, conditions and policies applicable to your online and in-store purchases from Brooks. These Terms of Sale are subject to change without notice, at any time and in our sole discretion, so you should review these Terms of Sale each time you make a purchase from Brooks. a. Pricing; Orders; Taxes All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges may be additional to the price displayed on a product page. All items are subject to availability, and we reserve the right to impose quantity limits on any order. The prices listed via the Services are only advertisements and are not offers to form an agreement. By placing an order via the Services, you are making an offer to Brooks to purchase products or services. Any order shall be subject to acceptance by Brooks, and Brooks may reject all or any part of an order and discontinue products or services without notice. In almost all circumstances, we are unable to change or cancel orders once submitted. Order confirmation emails are subject to product availability, will typically specify pre-ordered, back-ordered, or in-stock items, and will include an estimated shipping timeline. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. Confirmation of additional information may be necessary prior to the acceptance of an order. You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. Brooks is not required to collect and remit sales or use taxes in all states and jurisdictions. If you do not pay such taxes or fees in connection with a transaction via the Services, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Brooks reserves the right to collect such taxes or other fees from you at any time. b. Errors We attempt to be as accurate as possible and to eliminate errors on the Services; however, we do not represent or 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 the Services, in an order confirmation, in processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price or updating the shipping timeline) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to return the product and obtain a refund in accordance with the requirements for returns provided in Section i (Returns and Exchanges) of these Terms of Sale. c. Discounts Brooks may offer discounts or discount programs, either of which may be changed or revoked at any time. You may not share discounts with third parties or make purchases for anyone other than immediate family members, unless the terms of the discount program state otherwise. Discount programs may not be applicable to specific products or to sale items. Discount programs cannot be combined with other offers, including free shipping. d. Pre-Orders We may offer you the ability to pre-order select products before they become available. If an item is available for pre-order you will see a pre-order label on the product page. Please note, adding items to your cart alone does not complete the pre-order process. You need to finish the checkout process to confirm your pre-order. If you choose to pre-order a product, we will not charge you until the product becomes available and we can complete your purchase. Please note that an authorization charge may be required by your financial institution resulting in a temporary hold on your account on purchases made via the Services. e. Out-of-Stock Items; Back-Orders If the color, size or width of a product you would like to purchase is not shown in the relevant drop-down box or list of options on the product's information page, then the color, size or width is not available for purchase. Items available for back-order will be labeled (or you can choose to be notified when the product is back in-stock). An estimated ship date for each item may be included for back-ordered items in the cart. Please note that an authorization charge may be required by your financial institution resulting in a temporary hold on your account on purchases made via the Services. In the event that the specific product that you would like to purchase is unavailable or unavailable for back-order, please check our Services at a later time as our inventory of products is subject to change. f. Order Delays; Cancellation We reserve the right to delay, refuse, or cancel any order prior to delivery. For example, if there are errors on the Services or made in connection with your order or inaccuracies in product or pricing information or product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain product may be delayed. Should that happen, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. g. Shipping & Handling; Export Any shipping address you provide must be complete and comply with all requirements in these Terms and as otherwise communicated through the Services. You will pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you must check all charges prior to placing an order. In general, we ship all products by standard ground delivery, unless you select another shipping option while checking out. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All orders placed through the Services are shipment contracts, not destination contracts, so the title and risk of loss or damage to all products purchased via the Services will pass to you upon Brooks’ delivery of the products to a transportation carrier. Any shipping or delivery dates or times shown on the Services are estimates only and actual delivery dates and times may vary. We are not liable for any delays in shipments. h. Payment; Credit for Refunds Only valid credit cards and other payment methods acceptable to us may be used to purchase products and services through the Services, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Services, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Services). When you provide your payment information, you represent and warrant that you have the right to use any payment card that you submit with a transaction, and you authorize us (or a third party service provider working on our behalf) to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. i. Returns and Exchanges If for any reason you are not completely satisfied with your purchase from Brooks within the first ninety (90) days after your purchase via the Services, you can request to return or exchange your product pursuant to our Run Happy Promise. Proof of purchase is required for all returns, and we may decline a return request, only offer store credit for a return, or impose other limits on returns if we detect unusual return activity or potential fraud. Additional information and instructions regarding returns, exchanges and refunds can be found in our Returns Center. If your return is approved, you must follow all return instructions Brooks provides, including by using any return shipping label provided. The title and risk of loss or damage to any products returned to Brooks, will pass to Brooks upon its actual receipt and acceptance of such returned products. Electronic gift cards cannot be refunded; returned; resold; or used to purchase products outside of the Services, except as required by law. After we have received your valid return, we will, at our option, provide one of the following within a reasonable time: (a) an exchange of merchandise for the item returned, (b) a non-transferable merchandise credit, (c) a non-transferable gift certificate or gift card, (d) a credit to the credit card or other payment method used to pay for the product, (e) a check, or (f) another remedy that we determine in good faith is appropriate in the circumstances. When a payment method other than a credit or debit card was used to pay the original purchase price or when the purchase was part of a special offer that is not in effect when you make your return, you will only be eligible for merchandise credit. If you do not comply with any of the conditions in this section, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price. To return Brooks products that you purchased from another retailer, please contact the retail store from which you purchased the product to determine its return policy. If the retailer is unable to assist you, please contact Brooks Customer Service by using our email form or by contacting us by phone at 1 (855) 427-6657. Although Brooks has no obligation to accept returns of purchases from other retailers. If you believe a product sold by Brooks has a condition or defect that might make it unsafe, immediately cease use of the product and report this safety concern by using our email form or by contacting us by phone at 1 (855) 427-6657. j. Restrictions All sales made through the Services must be for either your personal use or for the personal use of an intended recipient. You may not purchase products for resale. We may place a limit on the quantities that may be purchased, including limits on a per order, per account, per payment card, per person, or per household basis. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order. k. Reservation of Rights Brooks reserves the right, including without prior notice, to limit the available quantity of or discontinue any product; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for products; and to refuse to provide any user with any product. 3. Eligibility, Registration and Account a. Eligibility You may not use the Services if you are under the age of 13. If you are under the age of 18, or age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services; (b) do not have more than one online account with Brooks; and (c) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party. b. Registration In order to create a profile or post a comment on the Services, you may need to register for an online account. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names. In consideration of your use of the Services, you will (v) not make fraudulent transactions; (w) provide accurate, current and complete information; (x) maintain and promptly update your account information; (y) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Brooks; and (z) promptly notify Brooks if you discover or otherwise suspect any security breaches related to the Services. You will not engage in any unlawful activity while using the Services. c. Brooks Run Club Membership Account Membership The Brooks Run Club is a membership program (“Program”) offered by Brooks Sports, Inc. (“Brooks”, “we” or “us”) to its eligible customers located in the United States. Membership in the Program (“Membership”) is limited to individual residents of the United States who are 18 years of age or older and who have a Brooks Run Club account. Void where prohibited by law. Brooks employees can join Brooks Run Club, but some benefits may not be available to them (such as sweepstakes and prizes). Only one Membership is permitted per person. Membership may not be combined with any other Brooks programs, including but not limited to Friends and Family or Sports Medicine Ambassadors. The Program is a Service, and by participating in the Program you agree to be bound by the Terms, including the terms and conditions stated here in Section 3(c) (“Membership Terms”). Except as described herein, these Membership Terms do not alter any other provisions of the Terms or any other terms and conditions or agreements you may have with Brooks for other products, services, or programs. To the extent there are conflicts between these Membership Terms and any other provisions of the Terms, these Membership Terms will control only with respect to the Program. No purchase is necessary for a Membership. Unless otherwise allowed by Brooks, your Membership and associated Benefits (defined below) may not be assigned, transferred, or shared with family or friends and may not be used for acquiring items for resale. Affiliates of Brooks may also have similar programs. Membership in this Program does not confer any rights or benefits in the program of a Brooks affiliate. Benefits Benefits of the Program (“Benefits”) are offered solely at Brooks’ discretion and may be changed or removed at any time. Benefits are subject to change and may include exclusive online content, expedited shipping to certain locations, access to Program sweepstakes and prizes, early access to certain shoes and apparel, gift codes on certain Brooks products, and collaborative offers with other brands. In addition, Members may be permitted to connect with Brooks using DashLX. Content provided by DashLX is Third Party Content (as defined below). Brooks reserves the right to exclude individuals from the Program in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its Benefits, including multiple redemptions of gifts by the same individual via different accounts, failure to follow any terms of the Program, reselling Benefits, or any misrepresentation or any conduct detrimental to the interests of Brooks not otherwise protected by law may subject Members to Program revocation. Reservation of Rights The Program and its Benefits are offered at Brooks’ discretion, and Brooks reserves the right to modify or discontinue, temporarily or permanently, the Program, including Benefits offered, in whole or in part, for any reason, at our sole discretion. We may, among other options, withdraw, limit, modify, or cancel any Benefit or increase or decrease the requirements for any Benefit. Where we make changes to the Program, we will update these Membership Terms and will indicate the date the Program was last revised. Your continued Membership after such changes constitutes your acceptance of the changes. Brooks will not be liable to you or any third party for any modification or discontinuance of the Program or Benefit offered, in whole or in part. Notice of Financial Incentive The Program may be considered a financial incentive or bona fide loyalty program under certain state privacy laws. Please find the Brooks Notice of Financial Incentive here: https://www.brooksrunning.com/en_us/privacy/privacy-policy/#financial-incentives for details. 4. Copyright and Limited License Unless otherwise indicated on the Services, the Services and all content and other materials therein, including, without limitation, the Brooks logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of Brooks or our licensors or users and are protected by U.S. and international copyright laws. Subject to your compliance with these Terms, you are granted a limited, nonexclusive, revocable, non-sublicensable license to access and use the Services for your own personal, noncommercial use; however, such license is subject to these Terms and does not include (a) any resale or commercial use of the Services or the Content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Content or any information contained therein, except as expressly permitted on the Services; and (g) any use of the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of Brooks, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Without limiting the forgoing, you may not use Content to develop any software program, model, algorithm, or generative AI tool, including using the Content for training, fine-tuning, grounding, or otherwise incorporating it into any machine learning or artificial intelligence (AI) system, such as in retrieval-augmented generation or similar technologies. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. 5. Repeat Infringer Policy; Copyright Complaints In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Brooks has adopted a policy of terminating, in appropriate circumstances and in Brooks' sole discretion, account holders or other users of the Services who are deemed to be repeat infringers. Brooks may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Services infringes any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below: Attn: General Counsel Address: 3400 Stone Way N, Suite 500, Seattle, WA 98103 Phone: 1-206-858-5400 Fax: 1-206-858-5401 Email: legal@brooksrunning.com Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. 6. Trademarks "Brooks," "Brooks Running," "Moving Comfort" and the Brooks logo and any other Brooks product or service names, logos or slogans that may appear on the Services are trademarks of Brooks Sports, Inc. or our subsidiaries in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Brooks or the applicable trademark holder. You may not use any metatags or other "hidden text" utilizing "Brooks," "Brooks Running," "Moving Comfort" or any other name, trademark or product or service name of Brooks without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Brooks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Brooks. 7. Brooks Intellectual Property You are not granted any license to use a Brooks logo or other proprietary graphic of Brooks to link to the Services unless you have the express written permission of Brooks to do so. Further, you are not granted any license to use, frame or utilize framing techniques to enclose any Brooks trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without Brooks' express written consent. Except as expressly noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Brooks or any third party. 8. Third-Party Content Brooks may provide third party content or run promotions from third parties and may provide links to web pages, products, services and content of third parties on the Services (collectively, "Third Party Content"). Brooks does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) through our Services at any time. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party; when you leave the Services, you should be aware that our terms and policies no longer govern. Brooks is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of Third Party Content on the Services. 9. User Content and Interactive Features or Areas The Services may include discussion forums, blogs or other interactive features or areas in which you or other users create, post, transmit or store content, including but not limited to text, music, sound, photos, video, Product Reviews (as defined in Section 10), graphics, code and other items or materials (collectively, "User Content"). User Content may be publicly-viewable and may include your profile information and any content you post pursuant to your profile. You agree that you are solely responsible for your User Content and for your use of such interactive areas, which you use at your own risk. You will not post, upload, transmit, distribute, store, create or otherwise publish to or through the Services any of the following: User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; or User Content that, in the sole judgment of Brooks, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Brooks or our users to any harm or liability of any type. You further agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You will not: Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner; Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages; Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law); Use or attempt to use another's account without authorization from such user and Brooks; Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access; Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose, except as required by the Federal Trade Commission and other similar guidelines; Engage in any harassing, intimidating, predatory or stalking conduct; Develop any third-party applications that interact with User Content and the Services without our prior written consent; and Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms. Brooks is not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor is Brooks responsible or liable for any associated loss, damage, injury or harm. Enforcement of these Terms is solely in Brooks' discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of Brooks' right to enforce these Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. As a provider of interactive services, Brooks is not liable for any statements, representations or User Content provided by our users through the interactive area of the Services. Although Brooks has no obligation to screen, edit or monitor any User Content, Brooks reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Brooks may, among other things, terminate or suspend your rights to use the Services if you are suspected of violating these Terms. 10. Product Reviews; Rights in User Content a. Product Reviews We may provide specific opportunities for you to tell Brooks or other Brooks users what you think about our products or services ("Product Reviews"). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such review, and Brooks does not endorse or approve of any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Finally, we may use a third party to manage reviews or provide users with the opportunity to review Brooks products or services. In that case, you will also need to review such third party's terms of service and privacy policy to determine whether they are acceptable to you. If they are not, do not use the third party to provide Product Reviews. b. Rights in User Content Except for the license you grant to Brooks and its affiliates, as between you and Brooks, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content. You grant Brooks and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or any third party. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory. By posting any User Content, you represent and warrant that you have all rights necessary to distribute and reproduce such User Content and to grant the license stated here. 11. Submissions Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Brooks, the Services or our other products and services ("Submissions"). You grant us permission to use these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Submissions or Services, or to improve or develop new products or services in Brooks’ sole discretion. Brooks will exclusively own all improvements to, or new, Brooks products, services, or Services based on any Submissions. You understand that Brooks may treat Submissions as nonconfidential. 12. Physical Activity & Safety The Services may include Content related to physical activity, nutrition, or general wellness, and may offer opportunities to participate in physical activities. This Content is provided for educational and informational purposes only and is not intended as medical advice or a substitute for professional medical care. Before starting any new exercise program, you should consult a physician about any medical conditions, impairments, or disabilities you may have. This is especially important if you are overweight, pregnant, nursing, diabetic, have a heart condition, or have any injuries, disabilities, or other health concerns. Start any new exercise program gradually, stay within your limits, and stop immediately if you feel dizzy, dehydrated, or otherwise unwell. You assume all risks associated with engaging in any physical activity. 13. Complaints and Legal Notices All complaints and legal notices should be mailed to Brooks Sports, Inc., Attn: Legal Department, 3400 Stone Way N, Suite 500, Seattle, WA 98103. If a law requires us to accept legal notices via email, call 1 (855) 427-6657 to ask for the address intended for receipt of such notices. 14. Indemnification To the fullest extent permitted by applicable law, you agree to indemnify, hold harmless, and, at Brooks’ option, defend, Brooks, its affiliates and each of our respective officers, directors agents, partners, employees, independent contractors, service providers and consultants (the “Brooks Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your Submissions; (d) your violation of these Terms; or (e) your violation of the rights of another. The Brooks Parties will have control of the defense or settlement, at Brooks’ sole option, of any such claims, and you will cooperate with the Brooks Parties in defending such claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Brooks or the other Brooks Parties. 15. Disclaimer EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BROOKS, THE SERVICES, THE CONTENT CONTAINED THEREIN, AND ALL BROOKS PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BROOKS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BROOKS DOES NOT REPRESENT OR WARRANT THAT CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BROOKS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE BROOKS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, BROOKS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. Brooks is not responsible or liable for any injuries or damages you may experience that result from your use of, or inability to use, the Services or Brooks products. Brooks reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Brooks. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers or limits on how long an implied warranty lasts, so some or all of the limitations and disclaimers in this section may not apply to you. 16. Limitation of Liability IN NO EVENT SHALL BROOKS OR THE OTHER BROOKS PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE BROOKS PRODUCTS, SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BROOKS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BROOKS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BROOKS PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES, EXCEED THE GREATER OF $10 OR ANY COMPENSATION YOU PAY TO BROOKS FOR ACCESS TO OR USE OF THE PRODUCTS OR SERVICES. The limitations set forth in this Section 16 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Brooks or the other Brooks Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 17. Release To the fullest extent permitted by applicable law, you release Brooks and the other Brooks Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” 18. Arbitration PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BROOKS TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND BROOKS CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND BROOKS FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND BROOKS AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. BROOKS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AND BROOKS EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS. FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 18(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. (a) Claims This Section Applies To. This Section 18 applies to all Claims between you and Brooks. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 18(c), below) between you and Brooks, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms, the products or the Services, including any claims related to the use or operation of the products or the Services, the purchase of any products or services made available through the Services, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it. (b) Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against Brooks or if Brooks believes it has a Claim against you, you and Brooks will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and Brooks will make a good-faith effort to negotiate the resolution of any Claim for 45 days (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 18(b) (a “Claimant Notice”). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement. You must send any Claimant Notice to Brooks by certified mail, addressed to Brooks Sports, Inc., 3400 Stone Way N, Suite 500 Seattle, WA 98103, attention Legal Department, or by email to legal@brooksrunning.com. Brooks will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Brooks. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves(and not their counsel) verifying the accuracy of the contents of the Claimant Notice. No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Brooks files an Arbitration Demand without complying with the requirements in this Section 18, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief. To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms. (c) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Brooks, including any disputes in which you or Brooks seek injunctive or other equitable relief for the alleged unlawful use of your or Brooks’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 18(b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it. (d) Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 18, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,” meaning that you only use the products and the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and Brooks. If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, will apply to Claims between you and Brooks. These Terms affect interstate commerce, and the enforceability of this Section 18 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Brooks to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence). (e) Arbitration Procedure and Location. You or Brooks may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules. Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Brooks by certified mail addressed to Brooks Sports, Inc., 3400 Stone Way N, Suite 500 Seattle, WA 98103, attention Legal Department or by email to legal@brooksrunning.com. Brooks will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Brooks. The arbitration will be conducted by a single arbitrator in the English language. You and Brooks both agree that the arbitrator will be bound by these Terms. For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules. The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Brooks agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement. (f) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms. (g) Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution. (h) Confidentiality. If you or Brooks files a Claim in arbitration, you and Brooks agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Brooks agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration. (i) Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 18(i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below. Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them. Initial Arbitrations. The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise. Mediation. Upon conclusion of the 20 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner. Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 19. If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law. If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 18(b) to proceed in arbitration in the same manner as described in subsection 2, above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved. (j) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing legal@brooksrunning.com. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you agree to resolve disputes in accordance with Section 19. (k) Rejection of Modifications to this Section. You may reject any change we make to this Section 18 (except changes to notice addresses) as to you, by emailing legal@brooksrunning.com within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 18. You may reject changes to Section 18 only as a whole. You may not reject only certain changes to Section 18. If you reject changes made to Section 18, the most recent version of Section 18 that you have not rejected will continue to apply. (l) Two Years to Assert Claims. To the extent permitted by law, any Claim by you or Brooks against the other must be included in a Claimant Notice within two years after such Claim arises; otherwise, the Claim is permanently barred, which means that you or Brooks will no longer have the right to assert that Claim. (m) Severability. If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable. 19. Applicable Law Any dispute, claim, or controversy arises from or relates to these Terms will be governed by and construed and enforced in accordance with the laws of the State of Washington, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any dispute, claim, or controversy arises from or relates to these Terms is not subject to arbitration pursuant to Section 18, then the state and federal courts located in King County, Washington, will have exclusive jurisdiction. You and Brooks waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section. 20. Modification and Termination We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by the Terms, unless otherwise expressly stated by Brooks in writing. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services. We further reserve the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion thereof, and to block or prevent your future access to and use of the products or Services or any portion thereof. 21. Severability Except as stated in Section 18(m), if any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 22. Export Control You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users. 23. Miscellaneous (a) These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically. (b) If you have a question or complaint regarding the product or Services, please send an email to support@brooksrunning.com. You may also contact us by writing to Runner Experience, 3400 Stone Way N Seattle, WA 98103, or by calling us at 1-855-4-BROOKS (1-855-427-6657. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers 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 Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
