Effective date: January 1st, 2019
Common Sense Easy Terms
- YOU ARE AGREEING TO ALL BELOW BY VISITING ANY OF TRAINEE APP AND/OR ITS AFFILIATES SITES, APPS, ADS, OR ANY OTHER FORM OF COMMUNICATION. PLEASE READ THIS THOROUGHLY ESPECIALLY THE FOLLOWING.
- YOU ARE 100% RESPONSIBLE FOR YOUR OWN HEALTH AND WELL BEING REGARDLESS OF ANYTHING YOU READ, LEARN, HEAR OR ARE INSTRUCTED TO DO FROM TRAINEE APP, STAFF, EMPLOYEES, TRAINERS, AND/OR ANY OF ITS AFFILIATES.
- WE DO NOT UNDERSTAND YOUR COMPLETE CIRCUMSTANCES AND YOU SHOULD NEVER RELY ON US FOR ANYTHING TO DO WITH YOUR HEALTH OR BODY.
- WE ARE HERE TO PROVIDE A SIMPLE WAY TO GET INTO FITNESS AND ALL OUR EFFORTS ARE TO PROTECT YOU AND YOUR INFORMATION, HOWEVER WE ARE NOT PERFECT AND DO NOT IMPLY THAT WE ARE AND FOR THIS REASON YOU ARE 100% RESPONSIBLE FOR ANYTHING THAT MAY IMPACT YOUR LIFE IN ANY WAY FROM USING TRAINEE APP, STAFF, EMPLOYEES, TRAINERS, AND/OR ANY OF ITS AFFILIATES SERVICES.
- YOU ARE PROVIDING PAYMENT UP FRONT, YOU WILL BE BILLED FOR THE SERVICES. YOU WILL CLEARLY SEE WHAT THE PRICE IS FOR WHAT OPTION YOU CHOOSE BEFORE YOU CHECK OUT. IT IS UP TO YOU TO UNDERSTAND AND BE RESPONSIBLE FOR WHAT YOU AGREE TO OR CLICK ON WHEN INTERACTING WITH TRAINEE APP, STAFF, EMPLOYEES, TRAINERS, AND/OR ANY OF ITS AFFILIATES SITES, APPS, WEB ASSETS, ADS, OR ANY OTHER FORM OF COMMUNICATION.
- WE ARE HERE TO BE REACHED FOR BILLING CONCERNS BUT DO NOT GUARANTEE ANY SORT OF REFUND OF ANY KIND.
QUESTIONS? CONTACT US : SUPPORT@GETTRAINEE.COM
END USER LICENSE AGREEMENT AND TERMS OF SERVICE
Effective Date: JANUARY 1, 2019
This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual user (“you”) and TRAINEE APP AND/OR ITS AFFILIATES. (“TRAINEE APP AND/OR ITS AFFILIATES,” “we,” “us” or “our”) governing your use of the mobile software applications that TRAINEE APP AND/OR ITS AFFILIATES makes available for download (individually and collectively, the “App”), the related website located at www.gettrainee.com AND/OR ITS AFFILIATES and any other online properties owned or controlled by or on behalf of TRAINEE APP AND/OR ITS AFFILIATES (collectively with the App, the “Service”). BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU SHOULD NOT USE THE SERVICE.
Material Terms : As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
- The Service is licensed, not sold, to you, and you may use the Service only as set forth in this EULA;
- You use the Service at your sole risk, and you should consult with a physician or other health care professional before commencing use of the Service;
- The use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- We provide the App to you on an “as is” basis without warranties of any kind and TRAINEE APP AND/OR ITS AFFILIATES’s liability to you is limited;
- Disputes arising between you and TRAINEE APP AND/OR ITS AFFILIATES will be resolved by binding arbitration. By accepting this EULA, as provided in greater detail in section 11 below, you and TRAINEE APP AND/OR ITS AFFILIATES are each waiving the right to a trial by jury or to participate in a class action;
1. General Terms and Conditions.
a. Changes to this EULA. You understand and agree that we may change this EULA at any time without prior notice. The revised EULA will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable, then your sole remedy is to stop accessing, browsing, and otherwise using the Service.
c. Jurisdictional Issues. The Service is controlled and operated by TRAINEE APP AND/OR ITS AFFILIATES from its offices in the State of UTAH. TRAINEE APP AND/OR ITS AFFILIATES makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
d. Eligibility. The service is not for persons under the age of 18 or for any users previously suspended or removed from the service by TRAINEE APP AND/OR ITS AFFILIATES. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By accessing or using the Service, you affirm that either you are at least 18 years of age or you have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age.
2. The Service.
a. Description. The Service provides you with the opportunity to participate in workouts and receive coaching from trainers solely for your personal use. Workouts can be modified based on your specific situation by your a TRAINEE Certified Trainer. Meal plans are provided for you to help you accomplish fitness goals based on information you share with TRAINEE and TRAINEE Certified Trainers.
b. Mobile Services. The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, “ Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.
a. Log-In Credentials. While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, you must download the App and register an account with us (an “Account”).
b. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You may not share the credentials for your Account with any third party. You agree to notify TRAINEE APP AND/OR ITS AFFILIATES immediately at SUPPORT@GETTRAINEE.COM if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. TRAINEE APP AND/OR ITS AFFILIATES will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying TRAINEE APP AND/OR ITS AFFILIATES of such unauthorized use or loss of your credentials.
c. Accuracy of Information. When creating an Account, you will provide true, accurate, current, and complete information to TRAINEE APP AND/OR ITS AFFILIATES. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of TRAINEE APP AND/OR ITS AFFILIATES, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then TRAINEE APP AND/OR ITS AFFILIATES may terminate your Account immediately without notice and without any liability.
4. Subscriptions and Payment.
a. Initial Subscription Payment. To enjoy the full benefits of the Service, including Workouts, Meal Plans, and Chat/Text and/or any form of Communication with Certified Trainers, you must purchase a subscription to the Service. You will be charged the stated subscription fee and any applicable taxes and service fees upon enrollment as detailed below.
b. Automatically Renewable Subscriptions. By purchasing a subscription to the Service, you agree that, upon expiration of the initial subscription term, your subscription will automatically renew for successive periods of the same duration as the initial subscription unless and until you cancel your subscription.
c. Cancellation. You may cancel your subscription to the Service at any time, after which TRAINEE APP AND/OR ITS AFFILIATES will not automatically renew your subscription. PLEASE NOTE THAT NO REFUNDS WILL BE ISSUED UPON CANCELLATION.
d. Recurring Charges. YOU AUTHORIZE TRAINEE APP AND/OR ITS AFFILIATES TO CHARGE YOUR ACCOUNT USING THE PAYMENT METHOD ON FILE FOR YOU TO PAY FOR ANY RENEWAL SUBSCRIPTION. You will be billed for the same subscription plan (or the most similar subscription plan, if your prior plan is no longer available) at the then-current applicable subscription price plus any applicable taxes. We will process payment for any renewal subscription using the same billing cycle as your current subscription. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law.
e. No Refunds. PAYMENTS ARE NON-REFUNDABLE. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS . No refunds will be issued. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion.
f. Price Changes. TRAINEE APP AND/OR ITS AFFILIATES reserves the right to adjust pricing at any time. At the end of any promotion, TRAINEE APP AND/OR ITS AFFILIATES may, at its sole discretion, revert a member’s price per period to the current standard retail pricing for that membership type. TRAINEE APP AND/OR ITS AFFILIATES may also discontinue certain pricing promotions at any time at its sole discretion.
5. Intellectual Property Rights.
a. License. Subject to your complete and ongoing compliance with this Agreement, TRAINEE APP AND/OR ITS AFFILIATES hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your personal, non-commercial use. TRAINEE APP AND/OR ITS AFFILIATES reserves all rights not expressly granted to you.
b. Content. Except for User Content, the content that TRAINEE APP AND/OR ITS AFFILIATES provides to end users on or through the Service, including without limitation, any Workout, Meal Plan, text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by TRAINEE APP AND/OR ITS AFFILIATES or its third party licensors (collectively, the “TRAINEE APP AND/OR ITS AFFILIATES Content”). You may not copy, reproduce, upload, republish, broadcast, transmit, retransmit, Post, modify, create derivative works of, publicly perform, publicly display, use for commercial purpose or distribute any materials from the Service without prior express written permission of the owner of such material or as permitted by the Service’s intended functionalities. Your use of TRAINEE APP AND/OR ITS AFFILIATES Content must be in compliance with applicable law. TRAINEE APP AND/OR ITS AFFILIATES reserves all rights on the part of its licensors.
c. Marks. TRAINEE APP AND/OR ITS AFFILIATES trademarks, service marks, and logos (the “ TRAINEE APP AND/OR ITS AFFILIATES Trademarks”) used and displayed on the Service are TRAINEE APP AND/OR ITS AFFILIATES’s registered and unregistered trademarks or service marks. You may not use any Trademarks as part of a link to or from the Service without TRAINEE APP AND/OR ITS AFFILIATES’s prior express written consent. You may not remove any Trademarks identifying the ownership or origin of any TRAINEE APP AND/OR ITS AFFILIATES Content. All goodwill generated from the use of any TRAINEE APP AND/OR ITS AFFILIATES Trademark will inure solely to TRAINEE APP AND/OR ITS AFFILIATES’s benefit.
6. User Content.
a. Definition. “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, any text, comments and other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all TRAINEE APP AND/OR ITS AFFILIATES Content.
b. Screening User Content. TRAINEE APP AND/OR ITS AFFILIATES offers end users the ability to submit User Content to or transmit User Content through the Service. TRAINEE APP AND/OR ITS AFFILIATES does not pre-screen any User Content, but reserves the right to remove, disallow, block, or delete any User Content in its sole discretion. TRAINEE APP AND/OR ITS AFFILIATES does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will TRAINEE APP AND/OR ITS AFFILIATES be liable in any way for any User Content.
c. Licenses to User Content. While you retain ownership of any rights you may have in your User Content, you hereby grant TRAINEE APP AND/OR ITS AFFILIATES an unrestricted, assignable, sub-licensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, “ Use”) all or any part of all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting TRAINEE APP AND/OR ITS AFFILIATES and the Service; (ii) displaying and sharing your User Content to other users of the Service; and (iii) providing the Service as authorized by this EULA. You further grant TRAINEE APP AND/OR ITS AFFILIATES a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. Any User Content posted by you to or through the Service or transmitted to TRAINEE APP AND/OR ITS AFFILIATES will be considered non-confidential and non-proprietary, and treated as such by TRAINEE APP AND/OR ITS AFFILIATES, and may be used by TRAINEE APP AND/OR ITS AFFILIATES in accordance with this EULA without notice to you and without any liability to TRAINEE APP AND/OR ITS AFFILIATES.
d. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of your Posting your User Content on the Service.
e. Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
f. Objectionable Content. You agree not to Post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, or in violation of any applicable laws (including laws related to speech); or (ii) promoting any product, good, or service, or bigotry, discrimination, hatred, intolerance, racism, or inciting violence (including suicide) (collectively, “Objectionable Content”). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against such third party claims. If you encounter any Objectionable Content on the Service, then please immediately email SUPPORT@GETTRAINEE.COM. TRAINEE APP AND/OR ITS AFFILIATES in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service.
7. Restrictions on Use of the Service.
a. In addition to any other restrictions set forth in this EULA, and without limiting those restrictions, when using the Service, you agree not to: make unauthorized copies or derivative works of any content made available on or through the Service; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; delete or alter any material TRAINEE APP AND/OR ITS AFFILIATES or any other person or entity Posts on the Service; frame or link to any of the materials or information available on the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; use any trademarks, service marks, design marks, logos, photographs, or other content belonging to TRAINEE APP AND/OR ITS AFFILIATES or obtained from the Service; provide any false personal information to TRAINEE APP AND/OR ITS AFFILIATES; create a new account with TRAINEE APP AND/OR ITS AFFILIATES, without TRAINEE APP AND/OR ITS AFFILIATES’s express written consent, if TRAINEE APP AND/OR ITS AFFILIATES has previously disabled an account of yours; solicit or collect personal information from other Users; disclose personal information about a third person on the Service or obtained from the Service without the consent of that person; use the Service to send emails or other communications to persons who have requested that you not send them communications; use the Service, without TRAINEE APP AND/OR ITS AFFILIATES’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; or violate any applicable federal, state, or local laws or regulations or the terms of this EULA.
8. External Sites.
The Service may contain links to, or the ability to share information with, third party websites (“External Sites”). TRAINEE APP AND/OR ITS AFFILIATES does not endorse any External Sites or the content made available on such External Sites. TRAINEE APP AND/OR ITS AFFILIATES is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You agree that TRAINEE APP AND/OR ITS AFFILIATES will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites.
While we are continually working to develop and evaluate our own product ideas and features, we know we don’t have all the answers. We therefore welcome your feedback, comments, and suggestions. If you choose to contribute by sending TRAINEE APP AND/OR ITS AFFILIATES any ideas (“Feedback”), then regardless of what your accompanying communication may say, the following terms will apply. Accordingly, by sending Feedback to TRAINEE APP AND/OR ITS AFFILIATES, you agree that: a. TRAINEE APP AND/OR ITS AFFILIATES has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; b. Feedback is provided on a non-confidential basis, and TRAINEE APP AND/OR ITS AFFILIATES is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and c. You irrevocably grant TRAINEE APP AND/OR ITS AFFILIATES perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
10. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
a. Respect of Third Party Rights. TRAINEE APP AND/OR ITS AFFILIATES respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same.
b. Repeat Infringer Policy. TRAINEE APP AND/OR ITS AFFILIATES’s intellectual property policy is to (i) remove or disable access to material that TRAINEE APP AND/OR ITS AFFILIATES believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers.” TRAINEE APP AND/OR ITS AFFILIATES considers a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Service and for whom TRAINEE APP AND/OR ITS AFFILIATES has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. TRAINEE APP AND/OR ITS AFFILIATES has discretion, however, to terminate the Account of any user after receipt of a single notification of claimed infringement or upon TRAINEE APP AND/OR ITS AFFILIATES’s own determination.
c. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “ Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by TRAINEE APP AND/OR ITS AFFILIATES with the user alleged to have infringed a right you own or control, and you hereby consent to TRAINEE APP AND/OR ITS AFFILIATES making such disclosure. Your communication must include substantially the following: i. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed; ii. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works; iii. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TRAINEE APP AND/OR ITS AFFILIATES to locate the material; iv. Information reasonably sufficient to permit TRAINEE APP AND/OR ITS AFFILIATES to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; v. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
d. Designated Agent Contact Information. TRAINEE APP AND/OR ITS AFFILIATES’s designated agent for receipt of Notifications of Claimed Infringement (the “ Designated Agent”) can be contacted at:
Via E-mail: SUPPORT@GETTRAINEE.COM
Via U.S. Mail: TRAINEE APP AND/OR ITS AFFILIATES – 250 N UNIVERSITY AVE, PROVO, UT 84601
11. Dispute Resolution.
a. General. You and TRAINEE APP AND/OR ITS AFFILIATES agree that any dispute arising out of or in any way related to this EULA or your use of the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA, will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND TRAINEE APP AND/OR ITS AFFILIATES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Notwithstanding Section 11.a above, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and TRAINEE APP AND/OR ITS AFFILIATES will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). TRAINEE APP AND/OR ITS AFFILIATES’s address for Notice is: TRAINEE APP AND/OR ITS AFFILIATES – 240 N UNIVERSITY AVE PROVO, UT 84601, Attn: General Counsel. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or TRAINEE APP AND/OR ITS AFFILIATES may commence an arbitration proceeding.
e. No Class Actions. YOU AND TRAINEE APP AND/OR ITS AFFILIATES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TRAINEE APP AND/OR ITS AFFILIATES agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
f. Modifications to this Arbitration Provision. Except as otherwise provided in this EULA, if TRAINEE APP AND/OR ITS AFFILIATES makes any future change to this arbitration provision, other than a change to TRAINEE APP AND/OR ITS AFFILIATES’s address for Notice, then you may reject the change by sending us written notice within 30 days of the change to TRAINEE APP AND/OR ITS AFFILIATES’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and TRAINEE APP AND/OR ITS AFFILIATES.
g. Enforceability. If Section 11.f above is found to be unenforceable or if the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 will be null and void.
12. Physical Activity Disclaimer.
If you have any medical conditions or are thinking about starting an exercise program or engaging in strenuous or unusual physical activity, you should consult your doctor first. Without limitation of any other terms in this EULA, we do not make any representations or warranties that the app is intended to and/or does diagnose, treat, cure, or prevent any allergies or other medical disorders or conditions, and you hereby acknowledge this disclaimer and that we are not engaged in providing you with a medical device, medical advice and/or healthcare services by providing you with access to the app. We are not responsible in any way for any health problems or injuries, including, without limitation, incapacity or death, which may result from or be related to your use of or inability to use the App.
13. Limitation of Liability and Disclaimer of Warranties.
a. TRAINEE APP AND/OR ITS AFFILIATES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “ TRAINEE APP AND/OR ITS AFFILIATES PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE. THE TRAINEE APP AND/OR ITS AFFILIATES PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO ANY USER, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
b. THE TRAINEE APP AND/OR ITS AFFILIATES PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO TRAINEE APP AND/OR ITS AFFILIATES PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
c. THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE TRAINEE APP AND/OR ITS AFFILIATES PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
d. IN NO EVENT WILL ANY TRAINEE APP AND/OR ITS AFFILIATES PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH TRAINEE APP AND/OR ITS AFFILIATES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRAINEE APP AND/OR ITS AFFILIATES’S LIABILITY, AND THE LIABILITY OF ANY OTHER TRAINEE APP AND/OR ITS AFFILIATES PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US AND U.S. $100.
14. Third Party Disputes.
a. To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the service, including, by way of example and not limitation, any carrier, copyright owner, or other user, is directly between you and such third party, and you irrevocably release the TRAINEE APP AND/OR ITS AFFILIATES parties from any and all 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 disputes.
b. The owners of any content licensed to TRAINEE APP AND/OR ITS AFFILIATES for use on the Service are intended beneficiaries of this EULA and shall have the right to enforce this EULA against you for any unauthorized use of their content in any court of competent jurisdiction. The provisions of Section 11 do not apply to any dispute between you and a third party licensor of content to TRAINEE APP AND/OR ITS AFFILIATES.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the TRAINEE APP AND/OR ITS AFFILIATES Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this EULA; (b) your access to, use, or misuse of TRAINEE APP AND/OR ITS AFFILIATES Content or the Service; or (c) your User Content. TRAINEE APP AND/OR ITS AFFILIATES will provide notice to you of any such claim, suit, or proceeding. TRAINEE APP AND/OR ITS AFFILIATES reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting TRAINEE APP AND/OR ITS AFFILIATES’s defense of such matter at your expense.
16. Term and Termination of the EULA.
a. Term. As between you and TRAINEE APP AND/OR ITS AFFILIATES, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or TRAINEE APP AND/OR ITS AFFILIATES.
b. Termination. You may terminate this EULA by sending written notification to TRAINEE APP AND/OR ITS AFFILIATES at SUPPORT@GETTRAINEE.COM, deleting the App from your mobile device, and terminating all other uses of the Service. TRAINEE APP AND/OR ITS AFFILIATES reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA. TRAINEE APP AND/OR ITS AFFILIATES may further terminate this EULA for any other reason upon ten (10) days’ notice to you using the email address associated with your account credentials. TRAINEE APP AND/OR ITS AFFILIATES reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
c. Sections 1, 3.b, 5.b, 5.c, 6.d, 6.e, 6.f, 7, 9 – 11, 15, 16.c, and 17 – 20 and all defined terms used therein will survive the termination of this EULA indefinitely.
17. Consent to Electronic Communications.
This EULA is governed by the substantive laws of the State of UTAH without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in UTAH County, UTAH. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TRAINEE APP AND/OR ITS AFFILIATES as a result of this EULA or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and TRAINEE APP AND/OR ITS AFFILIATES other than pursuant to this EULA. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this EULA, which will remain in full force and effect. Failure of TRAINEE APP AND/OR ITS AFFILIATES to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA. No waiver will be effective against TRAINEE APP AND/OR ITS AFFILIATES unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by TRAINEE APP AND/OR ITS AFFILIATES and you, this EULA constitutes the entire agreement between you and TRAINEE APP AND/OR ITS AFFILIATES with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The Section headings are provided merely for convenience and will not be given any legal import. This EULA will inure to the benefit of our successors and assigns. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of TRAINEE APP AND/OR ITS AFFILIATES. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App and any TRAINEE APP AND/OR ITS AFFILIATES Content from your device prior to such disposition. TRAINEE APP AND/OR ITS AFFILIATES may assign this EULA, including all its rights hereunder, without restriction.
19. Contact Us.
You may contact us in connection with your use of the Service by mail at TRAINEE APP AND/OR ITS AFFILIATES and by email at SUPPORT@GETTRAINEE.COM
20. Open Source Software.
The App contains certain open source software. Each item of open source software is subject to its own applicable license terms.
NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and TRAINEE APP AND/OR ITS AFFILIATES only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If TRAINEE APP AND/OR ITS AFFILIATES provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version will prevail.
NOTICE REGARDING SAMSUNG: Samsung is a third-party beneficiary of this EULA and may enforce the EULA against you.
What Information Do We Collect?
Each time you provide or transmit information to us via the Site or App, TRAINEE APP AND/OR ITS AFFILIATES may obtain and collect personally identifiable information about you, including, but not limited to, your name, email address, and any other information that may be used to identify you. We may also collect information about your IP address, browser type, cookie identifiers, Internet Service Provider, referring and exit page, operating system, clickstream data, the type of mobile device you use, your mobile device’s unique device ID, and your mobile operating system. We may track information regarding your use of our Site or App, including but not limited to, which classes you have taken and timestamps associated with your use of our services. We also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers. We do not collect any Special Categories of Personal Data or Sensitive Data (for example, details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
How is Information Collected?
Each time you provide or transmit information to us via the Site or App, TRAINEE APP AND/OR ITS AFFILIATES may obtain and collect information about you, including, but not limited to, your name, email address, and any other information that may be used to identify you. For example, and without limitation, we may collect such information from you when you create a user account on the Site or App or when you contact our support team. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns, through cookies and other similar technologies.
Cookies, Web Beacons and Other Similar Technologies
Our Site, App, and services are not directed to children/minors under 18 . We will never knowingly collect any personally identifiable information about such children. If TRAINEE APP AND/OR ITS AFFILIATES obtains actual knowledge that it has collected personal information about a child under the age of 18, that information will be immediately deleted and will not be shared or disclosed to third parties.
How Do We Use Your Personal Data?
We may partner with ad networks and other ad serving providers (“Advertising Providers”) who serve ads on behalf of us and others on non-affiliated websites or mobile applications. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your visits to this site and elsewhere over time.
You may visit www.aboutads.info to learn more about this type of advertising and how to opt-out of this form of advertising by companies participating in the Digital Advertising Alliance (“DAA”) self-regulatory program. Note that electing to opt-out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. In addition, note that if you use a different browser or erase cookies from your browser, you may need to renew your opt-out choice.
You may “opt-out” of receiving marketing or promotional communications from us at any time. Contact us at SUPPORT@GETTRAINEE.COM to unsubscribe.
We maintain reasonable and appropriate measures designed to maintain information we collect in a secure manner. We have taken certain physical, electronic, and administrative steps to safeguard and secure the information we collect from Site visitors and App users. We likewise require that our vendors who process data for us, some of whom are located outside of the United States, take appropriate measures to secure data. Even though we follow reasonable procedures to try to protect the information in our possession, no security system is perfect and we cannot promise, and you should not expect, that your information will be secure in all circumstances.
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
How to Access your Information
If you would like to access, update, or delete any information we have about you, or exercise any right you might have, please send an email to SUPPORT@GETTRAINEE.COM with your request.
If you have any questions regarding our Policy, contact us SUPPORT@GETTRAINEE.COM
TRAINEE MEAL/NUTRITION PLANS & TRAINER AND/OR ANY OTHER COMMUNICATION / Chat/Text and/or any form of Communication / TEXT / EMAIL SERVICES: Terms and Conditions
TRAINEE APP AND/OR ITS AFFILIATES, LLC, its affiliates, and subsidiaries, (collectively referred to as “TRAINEE APP AND/OR ITS AFFILIATES,” “we,” or “us”) offers a website and mobile application (together referred to as the “Application”) designed to provide you a data center, accessible via the Internet, to assist you in organizing personal nutrition goals and tracking your personal progress toward those goals. The Application may provide suggestions for meals and/or certain food items that fit certain macronutrient goals. The meal suggestions or macronutrient goals are intended only as general information, for educational purposes, and are subject to the limitations contained herein. These Terms and Conditions of Use (“Terms”) govern your access to and use of our Application. Please read the Terms carefully before using our Application as they are a legally binding contract between you and TRAINEE APP AND/OR ITS AFFILIATES. By clicking below, you acknowledge that you have read and consented to the terms contained herein.
TRAINEE APP AND/OR ITS AFFILIATES is not a medical organization, and our staff OF ANY KIND WHETHER CERTIFIED TRAINER OR ANY OTHER STAFF cannot give you medical advice or diagnosis. Nothing in the Application should be construed to give medical advice, diagnosis, or to prescribe any course of treatment. Before using this Application, or participating in any other nutritional program, you should consult a physician to assess whether it is safe for you. The information and reports provided in the Application should not be construed as a substitute for nutritional advice by a physician or dietitian. Any information provided is intended as useful general information — not as medical advice — nor as nutritional counseling. To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice, diagnosis, or prescribing a course of treatment, nor are we providing nutritional counseling through information provided within the Application. You agree to hold harmless TRAINEE APP AND/OR ITS AFFILIATES, its affiliates, subsidiaries, owners, managers, members, officers, principals, employees, and agents if you experience any adverse effect after utilizing the Application. The information in the Application, and/or any suggested meals or recipes provided in the Application, do not take into account any individualized health issues that you may have. If you have any medical condition, including without limitation, an eating disorder, pregnancy, diabetes, food allergies, or if you are currently taking prescription drugs, you must consult a professional before utilizing this Application.
TRAINEE MEAL/NUTRITION PLANS.
This feature provides recipes and meal suggestions that fit specific macronutrient goals. The Application MAY enable filtering by dietary patterns such as: dairy-free, gluten-free, vegetarian, pescatarian, and vegan HOWEVER TRAINEE MEAL/NUTRITION PLANS NOT NECESSARILY. The meals contained in the TRAINEE MEAL/NUTRITION PLANS have been categorized accordingly, although you are responsible for verifying the accuracy of all ingredients before consuming. TRAINEE APP AND/OR ITS AFFILIATES is not responsible for inaccurate ingredient categorization, as manufacturer formulation changes may have occurred since the recipe was last updated. If you have a food allergy, intolerance, or any other medical condition, it is your responsibility to review all food labels and consult a professional before utilizing this feature.
TRAINEE’S application has a feature that enables you to Chat/Text and/or any form of Communication with our representatives who can provide guidance to questions that you may have about the Application, suggested foods, or individual health goals. Our representatives are not physicians or dietitians. Any information that you receive from our representatives, via the Chat/Text and/or any form of Communication feature, or any other medium, should not be construed as medical advice or diagnosis, nor should it be construed to provide nutritional counseling, or to prescribe any course of treatment. Our representatives do not have any knowledge of any individualized health issues that you may have. You should consult a physician before following any suggestions provided via the Chat/Text and/or any form of Communication feature. Any information that our representatives provide via the Chat/Text and/or any form of Communication feature, or through any other medium, is generalized information provided for educational purposes. Any information our representatives provide regarding macronutrient content of foods or meals is from published information derived from third parties and is impossible or unfeasible for us to verify its accuracy. You agree to hold harmless TRAINEE APP AND/OR ITS AFFILIATES, , subsidiaries, owners, managers, members, officers, principals, employees, and agents if any macronutrient information provided is incorrect, or if you experience any adverse effect after following any suggestion provided by our representatives. Use of this Application is not intended for minors; all users must be at least eighteen (18) years of age. By clicking below, you acknowledge that you have been instructed to consult a physician before utilizing the Application, to ensure that any food suggestions, or personal macronutrient goals, are safe for you. Further, by clicking below, you agree to hold harmless TRAINEE APP AND/OR ITS AFFILIATES, subsidiaries, owners, managers, members, officers, principals, employees, and agents if you experience any adverse effect after utilizing the Application.
We take the collection, use, and security of your personal information very seriously. We will never sell your information to a third party. The Application has a feature that enables you to store photographs of your progress. We recommend that you utilize this feature to track your individual progress. We will never share or use your personal photographs without your express written consent.
We are constantly updating and improving the form and functionality of the Application. Future updates and improvements may make some portions of these terms inapplicable. Accordingly, we reserve the right to amend these Terms by providing written notice to you of any changes.
These Terms shall be governed by and construed in accordance with the laws of the State of UTAH and controlling U.S. federal law as applicable, without regard to conflict of law principles.
Disputes and Arbitration.
To the maximum extent permitted by applicable law, you and TRAINEE APP AND/OR ITS AFFILIATES agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your use of the Application under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court and is subject to very limited review by the courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration. Any arbitration between you and us, to the extent necessary, will be conducted in SALT LAKE CITY, UTAH, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.
If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Application. The Terms constitute the entire agreement between you and us with respect to your use of the Application. Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the 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 the Terms remain in full force and effect. Our notice to you via email, regular mail, or notices or links displayed in connection with the Application, constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Application, then it will be considered received twenty-four hours after it is first displayed.
If you are unhappy with the product you are welcome to cancel at anytime at no additional fee inside your account. Due to the front loaded information created specific to each individual provided immediately after purchase we do not issue refunds for any reasons