Terms of Use

TrainingAmigo Terms of Use

Updated May 4, 2016

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY ACCESSING THIS WEBSITE OR USING ANY OF THE SERVICES, YOU CONFIRM YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

 

THE INFORMATION PRESENTED ON THIS WEBSITE IS IN NO WAY INTENDED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR MEDICAL TREATMENT. THIS INFORMATION SHOULD ONLY BE USED IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. CONSULT YOUR PHYSICIAN BEFORE BEGINNING ANY DIET, NUTRITION, OR FITNESS PLAN OFFERED THROUGH THE WEBSITE. YOUR PHYSICIAN SHOULD ALLOW FOR PROPER FOLLOW-UP VISITS AND INDIVIDUALIZE YOUR DIET, NUTRITION, OR FITNESS PLAN AS APPROPRIATE. NOTHING STATED OR PRESENTED ON THE WEBSITE IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE REGIMEN, OR ANY OTHER MATTER RELATED TO YOUR HEALTH AND WELL-BEING.

 

  1. General

The TrainingAmigo website is copyright ©2016 and belongs exclusively to TrainingAmigo LLC. By using or accessing the website, you agree to be bound by the following terms and conditions, which may be revised at our complete discretion and without notice to you.

Unless otherwise expressly mentioned, TrainingAmigo is the owner of all patents, copyrights, marks (or rights to such marks), including trademarks, service marks, trade dress, trade names, corporate names, proprietary logos or indicia and other source or business, trade secrets and other intellectual property rights which are presented or identified in this website, insofar as they relate to TrainingAmigo’s property, including but not limited to, the TrainingAmigo application.

All products, technologies and processes described in this website are the subject of TrainingAmigo’s Intellectual Property rights and nothing in the website is deemed to grant or imply a license to such rights.

You may download, view, copy and print documents and graphics in the website subject to the following: (a) the documents and graphics may be used solely for personal, informational, non-commercial purposes; (b) the documents and graphics may not be modified or altered in any way or (c) You have agreed to be bound by a Subscriber Agreement. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this website in whole or in part without the express written authorization of TrainingAmigo .

These Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which you may use the TrainingAmigo Site and/or the TrainingAmigo Services (described below). Certain TrainingAmigo Services are subject to additional policies, rules and terms and conditions, which are set forth in the printed or online Service materials relating to those Services ("Additional Terms").

    Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you personally registered your organization as a Subscriber of the Site or Services ("Registered Users").

    These Terms include the TrainingAmigo Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, please do not use the Site or any of the Services.

    These Terms, including the Privacy Policy, are subject to change by TrainingAmigo at any time. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.TrainingAmigo.com/terms-use for updates. Additional Terms are also subject to change by TrainingAmigo at any time and take effect immediately upon publishing. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms and all other agreements and understandings between you and TrainingAmigo with respect to the subject matter in these Terms.

**For purposes of these Terms, and except to the extent expressly excluded below, the "Site" shall mean www.TrainingAmigo.com and any other applications, websites, web pages, including any mobile versions operated by TrainingAmigo ("TrainingAmigo" or "we") in the United States and the "Services" shall mean any of the various services that TrainingAmigo provides through the Site or any other channels, including without limitation, over the telephone. The "Site" and "Services" also may include certain sites and services offered by authorized resellers, channel partners and affiliates to the extent explicitly described in these Terms.

However, the terms "Site" and "Services" do not include or involve the following:

    Websites, web pages, mobile applications and mobile websites (and services offered through such channels) operated by TrainingAmigo's other subsidiaries, including without limitation, our international subsidiaries. The sites and services offered by such other subsidiaries are subject to separate terms to which users of such sites and services must separately agree and that can be found on their respective sites and/or service materials or within the relevant applications.

    Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by TrainingAmigo which have separate terms of service that do not expressly incorporate these Terms by reference. The sites and services offered by TrainingAmigo via such channels are subject to separate terms to which a user of such sites and services must separately agree and that can be found on their respective sites and/or service materials or within the relevant applications.
 

    Third-party entities that may use the www.TrainingAmigo.com Site or Services. Such entities use of the TrainingAmigo Site and Services are subject to separate terms to which those entities agreed upon registering with TrainingAmigo.
 

  1. Summary


This website and the information within is provided on an “as is” basis without warranty of any kind, either express or implied, such as, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  TrainingAmigo makes no warranty that (a) the website will meet your requirements; (b) the website will be available on an uninterrupted, timely, error-free basis; or (c) the results that may be obtained from the use of the website or any services offered through the website will be accurate or reliable. Under no circumstances will TrainingAmigo be liable to any party for any direct, indirect, special, consequential, incidental or punitive damages caused from the use of this website, or on any other hyper-linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if TrainingAmigo is expressly advised of the possibility of such damages.

You agree to defend, indemnify and hold harmless TrainingAmigo, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the website.

Information on the website may be changed or updated without notice. TrainingAmigo may also make improvements and/or changes in the products and/or services and/or programs described in this website at any time without notice.

The terms and conditions herein and all matters relating to your access to, and use of, the website shall be governed by U.S. federal law or the laws of the State of New York.

If you have any questions regarding these Terms and Conditions, please contact TrainingAmigo at admin@TrainingAmigo.com


 

 

  1. Rules for User Conduct and Use of Services

    3.1 Registration, Posting, and Content Restrictions

The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"). By transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:

  • You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.

  • Unless specifically directed otherwise, all Content you post will be in English as the Site and Services are not currently supported in any other languages.

  • You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from TrainingAmigo, or state or imply that any Content you transmit or post has been recommended, endorsed or otherwise approved by TrainingAmigo, or by any other party, unless you shall have received in advance that party’s explicit, written approval to so claim.

  • You will not provide inaccurate, misleading, defamatory or false information to TrainingAmigo or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others Furthermore, subsequent to posting Content, if you become aware, or reasonably suspect, that it may contain material inaccuracies, you agree to correct promptly or to remove promptly any such materially inaccurate material, and to notify us of your finding.

  • You understand and agree that TrainingAmigo may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of TrainingAmigo violates these Terms or which TrainingAmigo determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others. You have the right, and hereby grant, to TrainingAmigo, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by TrainingAmigo will not infringe or violate the rights of any third party.

  • Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

  • •TrainingAmigo is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

  • You recognize that any content you post elsewhere on TrainingAmigo must contain only non-confidential information, and you warrant that you understand that any content you transmit to be published in a TrainingAmigo  profile or elsewhere on the site is not confidential.

  • We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of TrainingAmigo and we may use all such communications, all without notice to, consent from, or compensation to you.

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by TrainingAmigo, are those of their respective authors. Such authors are solely responsible for such content. TrainingAmigo does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will TrainingAmigo or its Affiliates be responsible for any loss or damage arising out of: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.

TrainingAmigoTo the maximum extent permitted by law, TrainingAmigo disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users hereby represent, understand and agree to hold TrainingAmigo harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.

  1. Prohibited Uses

By using the Site or Services of TrainingAmigo, you agree that you will not under any circumstances:

  • use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

  • use the Site or Services for any unlawful purpose, for any purpose not expressly intended by TrainingAmigo or for the promotion of illegal activities;

  • attempt to, or harass, abuse or harm another person or group;

  • use another user's TrainingAmigo account;

  • provide false or inaccurate information when registering an account on TrainingAmigo.com, using the Services or communicating with other Registered Users;

  • attempt to re-register with TrainingAmigo.com if we have terminated your account for any or no reason or terminate your registration and re-register;

  • interfere or attempt to interfere with the proper functioning of TrainingAmigo's Services;

  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;

  • use the communication systems provided by or contacts made on www.TrainingAmigo.com for any commercial solicitation purposes;

  • publish or link to malicious content intended to damage or disrupt another user's browser or computer.

In order to protect our users from prohibited activity, including unwanted messages, we reserve the right to take appropriate actions, including but not limited to restricting the number of messages that a user may send over a given period to a level which we deem appropriate in our sole discretion.

In the event that TrainingAmigo finds that you have violated the terms of this Section or any of the terms stated herein, TrainingAmigo reserves the right, immediately, and at its sole discretion, to suspend or terminate your access and/or use of the Site and Services.

By using the Site and/or Services, you agree that TrainingAmigo may assess, and you will be obligated to pay, a $10,000 daily penalty for scraping, either in a manual or automatic manner, any Subscriber or user information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a "mirrored", competitive, or third party site. This fee shall be in addition to any other rights TrainingAmigo may have under these Terms or applicable law.

Further, in order to protect the integrity of the Site and the Services, TrainingAmigo reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Site.

 

5.    Termination of Registration

In the event that TrainingAmigo determines that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, or have mis-used or mis-appropriated Site content, including but not limited to use on a "mirrored," competitive, or third-party site, TrainingAmigo reserves the right, at its sole discretion, to immediately terminate your access to all or part of the TrainingAmigo Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in TrainingAmigo, with or without notice. Upon termination, TrainingAmigo shall be under no obligation to provide you with a copy of any content posted by or about you on the Site.

In any event, TrainingAmigo also reserves the right, in its sole discretion, to terminate your access to all or part of the TrainingAmigo Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in TrainingAmigo, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

Following any termination of any individual's use of the Site or the Services, TrainingAmigo reserves the right to notify other Registered Users with whom we believe the terminated user has corresponded.

Our decision to terminate a User’s registration, or that of a Member or Subscriber, and/or to notify other Registered Users with whom we believe the terminated user has corresponded does not constitute, and should not be interpreted or used as information bearing on the character, general reputation, personal characteristics, or mode of living of any natural person, or of the organization to which the terminated user may belong or have belonged, whether or not such organization is, or has been, a Member or Subscriber of the Service.

6.    Privacy

TrainingAmigo will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein www.TrainingAmigo.com/privacy-policy.

7.    Links to External Sites

Links from the Site to external sites (including external sites that are framed by TrainingAmigo) or inclusion of advertisements do not constitute an endorsement by TrainingAmigo of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience.

Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. TrainingAmigo does not control such sites, and is not responsible for their content. Merely because hyperlinks to such sites may appear on our Site or Platform, does not mean that TrainingAmigo endorses any of the material on such sites, has any association with their operators or warrants the safety of such links.

Users further acknowledge that the use of any site which is controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by TrainingAmigo's Terms of Use and Privacy Policy. TrainingAmigo expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold TrainingAmigo harmless from any liability that may result from the use of links that may appear on the Site.

8.    Payment and Refund Policy

In order to utilize some TrainingAmigo Services or product offerings, the organization of the Registered User of such Services or product offerings may be required to pay TrainingAmigo either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.

8.1 Billing and Payment

If you sign up your organization for a TrainingAmigo paid membership subscription, you agree to pay TrainingAmigo all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You authorize TrainingAmigo to charge your chosen payment provider according to the terms of the plan to which you subscribe, or if by open account, you agree to honor the payment terms for the services invoiced that have been ordered by a User of your organization, pursuant to a completed Order Form. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. TrainingAmigo reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

To the extent you elect to purchase other fee-based Services or product offerings that we may offer, you authorize TrainingAmigo to charge your chosen payment provider for the Services and/or products you purchase, or to accept and settle timely, any invoice presented for open-account purchases ordered by a User of your organization and evidenced by its corresponding Order Form. You agree that if TrainingAmigo already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.

8.2 Automatic Subscription Renewal and Cancellation

TRAININGAMIGO PAID SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU SIGN UP FOR A PAYMENT PLAN THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED AND TO BE LIABLE FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL ITS ORIGINALLY SCHEDULED EXPIRATION DATE.

You may cancel your paid subscription by following the instructions on your account settings page or contacting TrainingAmigo's customer service department at (718) 717-8638, or customerservice @TrainingAmigo.com. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your credit card will be charged, and you will be required to pay, or if by open account, you will remain liable for payment of, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.

8.3 Refund Policy

Except as set forth below or as described on the Site at the time you subscribe, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Notwithstanding the foregoing, if you have a paid subscription that is automatically renewed, we will refund the most recent charge to your credit card if (i) you have not used your subscription during the current subscription renewal period and (ii) you downgrade or cancel your membership and request a refund of the most recent charge to your credit card within thirty (30) days of the most recent charge, or invoice, if by open account for corporate subscribers. Any such refunds will apply only to the most recent charge, regardless of how such refund request is made, for example, whether to TrainingAmigo or to your credit card company.  In addition, TrainingAmigo reserves the right to cancel your membership immediately after payment of your refund. TrainingAmigo does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.

8.4 Trial Offers Limited in Time, Scope Access or Fees

TrainingAmigo may offer limited-time trial subscriptions to certain Subscribers from time-to-time. Users who sign up for a TrainingAmigo Service on a trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a trial subscription, or any subscription with special terms, after the expiration of the trial period, the Subscriber will be charged the price then in effect for a subscription to the Service as specified in the Order Form, unless otherwise provided by TrainingAmigo at the time of original subscription or otherwise. If a user does not want to continue with the Service after the expiration of the free trial period, the Subscriber must cancel its subscription, and request a refund of the subscription fee within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the Subscriber will be refunded for the amount of the most recent subscription charge, or, if on open account, the current invoice will be credited, provided the Subscriber has not used the subscription after the expiration of the free trial period.

9.    Release of Liability for Conduct and Disputes

By using this Site or our Services, you hereby represent, understand, and expressly agree to hold TrainingAmigo harmless for any claim or controversy that may arise from any disputes between you and any Member, Subscriber or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Subscribers’ users of the Site or the Services, particularly if you decide to exchange information or to meet outside the confines of the Site or its Service.  By using the Site or the Services, you hereby agree to report any alleged improprieties of any users therein to TrainingAmigo immediately by notifying TrainingAmigo of the same via electronic correspondence.

11.    Disclaimers; Limitations; Waivers; Indemnification

11.1. No Warranty

The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is," "as available." Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by TrainingAmigo, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAININGAMIGO DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN TRAININGAMIGO; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRAININGAMIGO EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION AND WITHOUT LIMITING THE FOREGOING, TRAININGAMIGO MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES.

WITH RESPECT TO A MEMBER OR SUBSCRIBER, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF TRAININGAMIGO OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL TRAININGAMIGO OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

11.2. Assumption of Risk

You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions when interacting with other site visitors or Registered Users.

11.3. Limitation of Liability

Incidental Damages and Aggregate Liability. In no event will TrainingAmigo be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if TrainingAmigo, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL TRAININGAMIGO'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED NOT EXCEED THE AMOUNT OF FEES PAID TO TRAININGAMIGO UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRECEDING THE CLAIM, OR, IF YOU HAVE NOT PAID TRAININGAMIGO FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.

No Liability for non-TrainingAmigo Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRAININGAMIGO BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. TrainingAmigo makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

11.4. Indemnification

By agreeing to these Terms, visitors or users of the Site and Services agree to indemnify, defend and hold harmless TrainingAmigo and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by TrainingAmigo and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. TrainingAmigo and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of TrainingAmigo. Users further agree to hold harmless TrainingAmigo and its Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.

12.  Copyright Policy

It is TrainingAmigo's policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act.  TrainingAmigo respects the intellectual property of others, and we expect our users to do the same. TrainingAmigo may suspend and/or terminate the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings appearing on TrainingAmigo services, you should provide TrainingAmigo's copyright agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on TrainingAmigo ’s services;

  • your address, telephone number, and email address;

  • 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;

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

TrainingAmigo's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
 
By mail:


Copyright Agent

TrainingAmigo LLC

115 W 18th St. New York, NY. 10011


 

By phone: (718) 717-8638


By email: sales@TrainingAmigo.com

13. Additional Terms and Conditions.

Certain areas of the website are reserved for use by Subscribers and contain additional terms and conditions applicable to the use of certain portions of the Website (collectively "Additional Terms and Conditions") which are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.