User Agreement
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH TRAINERSUSA.com OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for TrainersUSA.com. If you reside outside of the United States, the party you are contracting with is TrainersUSA.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain www.TrainersUSA.com and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
If you have any questions, please refer to our Frequently asked Questions.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of TrainersUSA.com. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a TrainersUSA.com user.
Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of other TrainersUSA.com websites will be governed by the User Agreement and Privacy Policy posted on those websites.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with your . This Agreement may not be otherwise amended except in a writing signed by you and TrainersUSA.com. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on May 1st, 2005 for all users.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended TrainersUSA.com members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your TrainersUSA.com account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Fees and Services.
Joining and posting content on TrainersUSA.com is free. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, featured personal trainers) and such changes are effective when we post the temporary promotional event on the Site.. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
3 We are a Venue
3.1 Identity Verification.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, TrainersUSA.com cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential producers/viewers through the tools available on the Site. You may also wish to consider using a third party service or services that provide additional user verification.
3.2 Release.
Because we are a venue, in the event that you have a dispute with one or more users, you release TrainersUSA.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ยง1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
3.3 Information Control.
We do not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and TrainersUSA.com is not responsible for the acts or omissions of users on the Site.
4 Fraud.
Without limiting any other remedies, TrainersUSA.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
4 .1 VeRO Program.
TrainersUSA.com works to ensure that listed content does not infringe upon the copyright, trademark or other rights of third parties. TrainersUSA.com members, site visitors, program participants and other rights owners can report listings offering data, and request that such content be removed.
5 . Your Information.
5 .1 Definition.
"Your Information" is defined as any information you provide to us or other users in the registration, program, or any upload process, in any public message area or through any email feature.
5 .2 Restricted Activities.
Your Information (or any content listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the posting of counterfeit or stolen content; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with the appropriate Rating so as to be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include. Furthermore, you may not post any content on the Site (or consummate any transaction that was initiated using our service) that, by paying to us any fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current .
5 .3 License.
Solely to enable TrainersUSA.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. TrainersUSA.com will only use Your Information in accordance with our Privacy Policy.
6 . Access and Interference.
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to TrainersUSA.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of TrainersUSA.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
7 . Reviews.
8.1 Integrity.
You may not take any actions that may undermine the integrity of the "review" system.
8.2 Export.
You acknowledge that your "reviews" consists of comments left by other users. You are free to export your TrainersUSA.com "reviews" to market your content on other sites, providing you credit TrainersUSA.com.
8.3 Import.
We do not provide you the technical ability to import feedback from other (non-TrainersUSA.com operated) websites to TrainersUSA.com because without the corresponding feedback, It does not reflect your true online reputation within our community.
9. Breach.
Without limiting other remedies, we may limit your activity, immediately remove your content or viewing capability, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
10. Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy can be viewed by following this link. If you object to your Information being transferred or used in this way please do not use our services. By agreeing to the terms you give permission to TrainersUSA to use your uploaded pictures in any flash banners. There banners will be used soley of the TrainersUSA website and will not be distributed, displayed or sold to a third party.
11. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
12. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
14. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your posting and/or viewing of content on our site.
15. No Agency.
You and TrainersUSA.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
16. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to TrainersUSA.com Attn: Legal Department 4028 Alcove Ave, Studio City, CA 91604 (in the case of TrainersUSA.com) or to the email address you provide to TrainersUSA.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TrainersUSA.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
17. Resolution of Disputes.
In the event a dispute arises between you and TrainersUSA.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and TrainersUSA.com agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
17.1 Binding Arbitration.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or TrainersUSA.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
17.2 Court.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California or where the defendant is located (in our case also Los Angeles, California, and in your case your home address or principal place of business). You and TrainersUSA.com agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California.
17.3 Alternative Dispute Resolution.
Alternatively, TrainersUSA.com will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Los Angeles County, California or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
18. General.
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by TrainersUSA.com in accordance with Section 16 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.2 (Release), 6.3 (License), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
19. Disclosures.
The services hereunder are offered by www.TrainersUSA.com. You may have this information emailed to you with your email address. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. TrainersUSA.com is not affiliated with SafetySurf.com. Disputes between you and TrainersUSA.com regarding our services may be reported to Customer Support by going to . We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.