TRAIN ONLINE TERMS OF USE
You understand
that exercise may be a risk to my physical health and safety
if not done properly. You further understand that it isTRAIN
WITH ME ONLINE's recommendation that you consult a physician
prior to using any equipment, engaging in any exercise program
or activity, or undertaking any food or diet program, whether
or not such program is recommended by TRAIN ONLINE.
You understand that neither TRAIN ONLINE nor the advice
of any TRAIN ONLINE personnel is a substitute for
medical advice.
By using this Internet Web site and any affiliate Internet
sites, you agree to hold TRAIN ONLINE, its agents,
assigns, subsidiaries, subtenants, employees, licensees, and
officers ("related entities") harmless for any action,
suit, claim, loss, injury, or damage, arising from your recklessness,
negligence, misuse of gym equipment, improper execution of
generally acceptable exercise techniques, or for any damage
or injury that occurs pursuant to any information received
on the Internet, or by any other means now known or later
developed. You acknowledge that you have had the prior opportunity
to, and have, consulted a physician before entering into this
agreement. You hereby agree to hold TRAIN ONLINE,
together with all its related entities, harmless for any action,
suit, claim, loss, injury, or damage arising from any and
all injuries sustained arising out of your subscription.
NO WARRANTY: TRAIN ONLINE MAKES NO WARRANTIES, OF
ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR USE.
Your use of our Internet sites or any of the products or
services offered on those sites (collectively, the "Services")
is subject to these Terms of Use (these "Terms").
We may modify these Terms at any time without notice to you
by posting revised Terms on our sites. Your use of our sites
constitutes your binding acceptance of these Terms, including
any modifications that we make.
Some of the Services may be subject to additional posted
conditions. Your use of those Services is subject to those
conditions, which are incorporated into these Terms by reference.
In the event of an inconsistency between these Terms and any
additional posted conditions, the provisions of the additional
conditions shall control.
We have the right, but not the obligation, to take any of
the following actions in our sole discretion at any time and
for any reason without giving you any prior notice:
Restrict, suspend, or terminate your access to all or any
part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, or remove any material that you submit to our
sites for any reason;
Refuse, move, or remove any content that is available on our
sites;
Deactivate or delete your accounts and all related information
and files in your account;
Establish general practices and limits concerning use of our
sites.
You agree that we will not be liable to you or any third party
for taking any of these actions.
You understand and agree that our Services may include communications
such as service announcements and administrative messages
from us or from our partners and that these communications
are considered part of the Services. You will not be able
to opt out of receiving these messages. You also understand
that our Services may include advertisements.
Content on our sites
Our sites include a combination of content that we create,
that our partners create, and that our users create. All materials
published on our sites, including, but not limited to, written
content, photographs, graphics, images, illustrations, marks,
logos, sound or video clips, and Flash animation, are protected
by our copyrights or trademarks or those of our partners.
You may not modify, publish, transmit, participate in the
transfer or sale of, reproduce, create derivative works of,
distribute, publicly perform, publicly display, or in any
way exploit any of the materials or content on our sites in
whole or in part.
You are solely responsible for all materials, whether publicly
posted or privately transmitted, that you upload, post, e-mail,
transmit, or otherwise make available on our sites ("Your
Content"). You certify that you own all intellectual
property rights in Your Content. You hereby grant us, our
affiliates, and our partners a worldwide, irrevocable, royalty-free,
nonexclusive, sublicensable license to use, reproduce, create
derivative works of, distribute, publicly perform, publicly
display, transfer, transmit, distribute, and publish Your
Content and subsequent versions of Your Content for the purposes
of (i) displaying Your Content on our sites, (ii) distributing
Your Content, either electronically or via other media, to
users seeking to download or otherwise acquire it, and/or
(iii) storing Your Content in a remote database accessible
by end users, for a charge. This license shall apply to the
distribution and the storage of Your Content in any form,
medium, or technology now known or later developed.
Our site contains content that we create as well as content
provided by third parties. This content includes, among other
things, product reviews, white papers, and stock quotes. It
also includes information about products and services offered
by parties other than Train Online, such as product
descriptions, specifications, pricing, availability, and performance.
We do not guarantee the accuracy, the integrity, or the quality
of the content on our sites, and you may not rely on any of
this content. Without limitation, we are not responsible for
postings by users in the user opinion, message board, or feedback
sections of our sites.
You may be exposed to content that you find offensive, indecent,
or objectionable or that is inaccurate, and you bear all risks
associated with using that content. We have the right, but
not the obligation, to remove any content that may, in our
sole discretion, violate these Terms or that is otherwise
objectionable.
Third-party sites, products, and Services
Our sites contain links to other Internet sites owned by third
parties. Your use of each of those sites is subject to the
conditions, if any, that each of those sites has posted. We
have no control over sites that are not ours, and we are not
responsible for any changes to or content on them. Our inclusion
on our sites of any third-party content or a link to a third-party
site is not an endorsement of that content or third-party
site.
We do not sell, resell, or license any of the products or
the services that we review, list, or advertise on our sites,
and we disclaim any responsibility for or liability related
to them. Your correspondence or related activities with third
parties, including payment transactions and goods-delivery
transactions, are solely between you and that third party.
You agree that we will not be responsible or liable for any
loss or damage of any sort incurred as the result of any of
your transactions with third parties. Any questions, complaints,
or claims related to any product or service should be directed
to the appropriate vendor.
Train Online's Fee Based Services
Some of the Services require you to pay a fee, as described
in the specific conditions included where those Services are
offered. You agree to pay all fees and charges that you incur.
Unless otherwise noted, all currency references are in U.S.
dollars. We may, upon notice if required by applicable laws,
at any time change the amount of, or basis for determining,
any fee or charge, or institute new fees or charges. All fees
and charges are payable in accordance with payment terms in
effect at the time the fee or the charge becomes payable.
Privacy policy
All of the information that we collect from you, such as registration
and credit card information, is subject to our privacy policy.
Please click here to see our full privacy policy.
Your conduct on our sites
If we request registration information from you, you will
provide us with true, accurate, current, and complete information.
You will promptly update your registration to keep it accurate,
current, and complete. If we issue you a password, you may
not reveal it to anyone else. You may not use anyone else's
password. You are responsible for maintaining the confidentiality
of your accounts and passwords. You agree to immediately notify
us of any unauthorized use of your passwords or accounts or
any other breach of security. You also agree to exit from
your accounts at the end of each session. We will not be responsible
for any loss or damage that may result if you fail to comply
with these requirements.
The technology and the software underlying our sites and
the Services is the property of Train Online, our
affiliates, and our partners. You agree not to copy, modify,
rent, lease, loan, sell, assign, distribute, reverse engineer,
grant a security interest in, or otherwise transfer any right
to the technology or software underlying our sites or the
Services. You agree not to modify the software underlying
our sites in any manner or form or to use modified versions
of such software, including (without limitation) for the purpose
of obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree that you will not
use our sites to take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate
the legal right of others;
Publish, post, upload, e-mail, distribute, or disseminate
(collectively, "Transmit") any inappropriate, profane,
defamatory, infringing, obscene, indecent, or unlawful content;
Transmit files that contain viruses, corrupted files, or any
other similar software or programs that may damage or adversely
affect the operation of another person's computer, our sites,
any software or hardware, or telecommunications equipment;
Advertise or offer to sell any goods or services for any commercial
purpose unless you have our written consent to do so;
Transmit surveys, contests, pyramid schemes, spam, unsolicited
advertising or promotional materials, or chain letters;
Download any file that you know or reasonably should know
cannot be legally obtained in such manner;
Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the
origin or the source of software or other material;
Restrict or inhibit any other user from using and enjoying
any public area within our sites;
Collect or store personal information about other end users;
Interfere with or disrupt our sites, servers, or networks;
Impersonate any person or entity, including, but not limited
to, a Train Online representative, or falsely state
or otherwise misrepresent your affiliation with a person or
entity;
Forge headers or manipulate identifiers or other data in order
to disguise the origin of any content transmitted through
our sites or to manipulate your presence on our sites;
Take any action that imposes an unreasonably or disproportionately
large load on our infrastructure;
Engage in any illegal activities.
You agree to use our bulletin board services, chat areas,
news groups, forums, communities and/or message or communication
facilities (collectively, the "Forums") only to
send and receive messages and material that are proper and
related to that particular Forum.
If you choose a username that, in our sole discretion, is
obscene, indecent, abusive or that might otherwise subject
us to public disparagement or scorn, we reserve the right,
without prior notice to you, to automatically change your
username, delete your posts from our sites, deny you access
to our sites, or any combination of these options.
Unauthorized access to our sites is a breach of these Terms
and a violation of the law. You agree not to access our sites
by any means other than through the interface that is provided
by Train Online for use in accessing our sites. You
agree not to use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor, or
copy any part of our sites, except those automated means that
we have approved in advance and in writing.
Use of our sites is subject to existing laws and legal process.
Nothing contained in these Terms shall limit our right to
comply with governmental, court, and law-enforcement requests
or requirements relating to your use of our sites.
Indemnification
You hereby agree to indemnify, defend and hold Train With
Me Online and all of our officers, directors, owners, employees,
agents, information providers, affiliates, partners, and licensors
(collectively, the "Train Online Parties")
harmless from and against any and all liability, losses, costs,
and expenses (including attorneys' fees) incurred by any Train
With Me Online Party in connection with any claim, including,
but not limited to, claims for defamation, violation of rights
of publicity and/or privacy, copyright infringement, or trademark
infringement arising out of:
Your use of our sites;
Any use or alleged use of your accounts or your passwords
by any person, whether or not authorized by you;
The content, the quality, or the performance of content that
you submit to our sites;
Your connection to our sites;
Your violation of these Terms; or
Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate with our defense
of these claims.
Disclaimers
We disclaim any responsibility for the deletion, the failure
to store, the misdelivery, or the untimely delivery of any
information or material. We disclaim any responsibility for
any harm resulting from downloading or accessing any information
or material on the Internet using search results from our
sites. We disclaim any responsibility for, and if you subscribe
to one of our fee-based services you will not be entitled
to a refund as a result of, any service outages that are caused
by our maintenance on the servers or the technology that underlies
our sites, failures of our service providers (including telecommunications,
hosting, and power providers), computer viruses, natural disasters
or other destruction or damage of our facilities, acts of
nature, war, civil disturbance, or any other cause beyond
our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR
ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO
THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE
DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY
MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR
SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF
ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES
ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS,
(ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR
EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER
WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES,
ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES.
YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS
TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY
OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY
CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
Arbitration
Train Online may elect to resolve any controversy
or claim arising out of or relating to these Terms or our
sites by binding arbitration. Any such controversy or claim
shall be arbitrated on an individual basis and shall not be
consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in
Vancouver, Canada, and judgment on the arbitration award may
be entered in any court having jurisdiction thereof. Either
you or we may seek any interim or preliminary relief from
a court of competent jurisdiction in Vancouver, Canada, necessary
to protect the rights or the property of you or Train With
Me Online or its agents, suppliers, and subcontractors), pending
the completion of arbitration.
Miscellaneous
We may be required by provincial or federal law to notify
you of certain events. You hereby acknowledge and consent
that such notices will be effective upon our posting them
on our sites or delivering them to you through e-mail. You
may update your e-mail address by visiting the Services where
you have provided contact information. If you do not provide
us with accurate information, we cannot be held liable if
we fail to notify you.
Our failure to exercise or enforce any right or provision
of these Terms shall not constitute a waiver of such right
or provision.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to
use of our sites or these Terms must be filed within one (1)
year after such claim or cause of action arose or be forever
barred.
These Terms, including all terms, conditions, and policies
that are incorporated into these terms by reference, constitute
the entire agreement between you and Train Online
and govern your use of our sites, superceding any prior agreements
that you may have with us.
These Terms shall be construed in accordance with the laws
of the Province of British Columbia, and the parties irrevocably
consent to bring any action to enforce these Terms before
an arbitration panel or before a court of competent jurisdiction
in Vancouver, Canada if seeking interim or preliminary relief
or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or
unenforceable pursuant to applicable law, then the invalid
or unenforceable provision will be deemed superceded by a
valid, enforceable provision that most closely matches the
intent of the original provision, and the remainder of the
Terms shall continue in effect.