LEGAL TERMS

FFitnessKeeper, Inc. does not endorse the Event or make any representations or warranties

as to its safety, adequacy or suitability. Any participant is solely responsible for conducting

whatever investigation it deems necessary to assess for itself any risks associated with the

Event. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING,

WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL

FITNESSKEEPER OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR

ANY OTHER PERSON CLAIMING UNDER OR THROUGH YOU FOR (A) ANY INDIRECT,

SPECIALSPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER OR (B)

ANY AMOUNT IN EXCESS OF ONE HUNDRED DOLLARS ($100.00). Any participant will at

all times indemnify and hold RunKeeper and its respective, affiliates, officers, directors,

employees, agents and licensees harmless from and against any and all claims, damages,

liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of any

breach by any participant of this Agreement or out of any participant’s involvement in the

Event or its activities in connection with the Microsite.