Trainiac, Inc. does not take responsibility for your use of this application as it relates to your personal health. Trainiac is not a medical provider nor offers this application as a medical device. When participating in any exercise or exercise program, you have a potential risk of physical injury. If you engage in this exercise or exercise program, you do so at your own voluntary risk. By participating in these activities, you assume all risk of injury to yourself. Use of the application also requires acceptance of all terms and conditions provided by Trainiac, Inc.
Terms of Service
Effective Date: May 15, 2016
I. Introduction and Agreement to these Terms of Service
Welcome and thanks for your interest in the products and services of Trainiac (by Trainiac, Inc, "Trainiac"). By accessing and applications, market spaces, websites, or forums created or maintained by Trainiac (the "Apps"), you acknowledge that you have read, understood, and agree to the most recent version of these Terms of Service ("Terms"). "Trainiac", "we", "us", or "our" refer to Trainiac (by Trainiac, Inc.), and all of its subsidiaries. Trainiac reserves the right to revise these Terms at any time. If we do, we will post the modified Terms on this page and indicate the date of most the recent change above. You agree to read all notifications we send you and to periodically check this page for updates to these Terms. Your continued use of the Apps constitutes acceptance of these Terms and any modifications thereto. If you object to any changes, your sole recourse is to cease use of the Apps. These Terms will cover your use of all products and services of Trainiac, including but not limited to our Website, Forums, mobile applications or other Apps on any or all platforms. The Terms will apply to all online and socially connected Apps.
II. Grant of a Limited License to Access Apps
III. Rights to Content
"Content" means all software, communications, images, sounds, and material perceived or made available from the Apps. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by Trainiac. All Content is copyrighted under United States copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. Trainiac, its logos, and the Apps' names are trademarks of Trainiac and may not be used without Trainiac's express written permission.You agree that all Content, including but not limited to all accounts, characters created, Virtual Goods acquired and developed during the course of the Apps, are the sole and exclusive property of Trainiac or its licensors. Trainiac may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Trainiac or any other third party.
IV. Additional Restrictions
The following restrictions apply to the use of the Apps:
You shall not create an Account or access the Apps if you are under the age of 13; By accessing and using the Apps, you represent and warrant that you are at least 13 years old . If you are a minor over the age of 13, we recommend you seek consent from a parent or legal guardian before accessing the Apps;
You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Apps by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument by minors;
You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
You shall not have an Account or use the Apps if you have previously been removed by Trainiac;
You shall not use the Apps if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals. You shall use your Account only for non-commercial purposes;
You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (such as spam) to anyone;
You shall not use your Account to engage in any illegal conduct;
You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Trainiac's written permission;
You shall not copy, modify or distribute rights or content from the Apps, or Trainiac's copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service
You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Trainiac's permission; and
If you access the Apps from an SNS, you shall comply with its terms of service/use as well as these Terms.
V. Updates to the Service
You understand that the Service is an evolving one. Trainiac may require that you accept updates to the Apps you have installed on your computer or mobile device. You acknowledge and agree that Trainiac may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Apps.
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, ip addresses and your personal information) may be accessed and monitored as necessary to provide the apps and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the apps is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Trainiac, including to enforce our terms.
By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
VIII. Dispute with Others
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Apps. If you have a dispute with other users, you release Trainiac and hereby agree to indemnify Trainiac from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
IX. Disclaimer of Warranties and Limitation of Liability
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY TRAINIAC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TRAINIAC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPS IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRAINIAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRAINIAC DOES NOT WARRANT THAT ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THEIR SERVERS; OR E-MAIL SENT FROM TRAINIAC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRAINIAC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRAINIAC'S LIABILITY AND THE LIABILITY OF EACH OF ITS AFFILIATES OFFICERS, MANAGERS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
X. Applicable Law and Arbitration
By accessing and using the Apps, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Trainiac. You agree to conduct any disputes through Arbitration unless otherwise specified in this section. Arbitration shall be conducted through the American Arbitration Associations (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The AAA will determine payment of all arbitration fees. Parties will share in the costs of arbitration. As an exception, either you or Trainiac may elect to utilize small claims court in the sole jurisdiction of King County, Washington. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. Any claims not covered under these terms shall be governed in the exclusive jurisdiction of the King County.
You agree to defend, indemnify and hold harmless Trainiac, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from all claims and expenses, including attorneys' fees and costs, arising out of your use the Apps and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. Trainiac reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Trainiac, and you agree to cooperate with Trainiac's defense of these claims. Trainiac will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Apps.
XII. Complaints and Notices
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in a way that may constitute copyright infringement, you can provide notice of your claim to Trainiac's Designated Agent listed below. For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing;
4. Information reasonably sufficient to permit Trainiac to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
XIV. Supplemental Policies
Trainiac may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
XV. Language of the Terms of Service
In the event of a conflict between a translation of the Trainiac Policies and the English version, the English version of the Trainiac Policies will control.
The failure of Trainiac to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You acknowledge that the rights granted and obligations made under these Terms to Trainiac are of a unique and irreplaceable nature, the loss of which shall irreparably harm Trainiac and which cannot be replaced by monetary damages alone. Accordingly, Trainiac shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Apps, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Apps or any content or other material used or displayed through the Apps and agree to limit your claims to claims for monetary damages, limited by Section XII (if any).
XVII. Force Majeure
Trainiac shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Trainiac, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Trainiac's control such as acts of God, war, riots, fire, floods, natural disaster, criminal activity, accident, alien invasion, act of government or terrorism, embargoes, network infrastructure failures, strikes, shortages of material or supplies or shortages of transportation facilities, fuel, energy, labor or materials.
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.
XIX. Entire Agreement
These terms and conditions constitute the entire and exclusive agreement between you and Trainiac concerning your use of the Apps and supersedes any and all statements or other agreements, whether oral or written, between you and Trainiac regarding that use.