USER ACKNOWLEDGMENT AND ACCEPTANCE.
THESE USER TERMS GOVERN ALL USERS OF THE TRAINNR PLATFORM, IF YOU DO NOT WISH TO BE BOUND HEREUNDER, YOU MUST DISCONTINUE YOUR USE OF THE TRAINNR PLATFORM AND SERVICES.
ACCESS TO SERVICES AND TRAINNR PLATFORM.
The Trainnr Platform is a digital marketplace that enables Trainers to offer for sale to clients/purchasers (“Clients”) digital fitness, coaching, and wellness programs (“Programs”), as well as individual training sessions (“Packages”) (altogether “Fitness Products”).
You understand and agree that temporary interruptions of Services available through the Trainnr Platform may occur as normal events. You further understand and agree that we have no control over Third-Party Providers (as defined below) or the networks you may access during your use of the Trainnr Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.
We reserve the sole right to modify or discontinue your use of the Trainnr Platform or any portion of the Trainnr Platform, at any time with or without notice to you and without liability to you or any third-party.
MOBILE APPLICATIONS AND SERVICES.
The Trainnr Platforms may include certain Services that are available through web and mobile applications, including through a mobile application that you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services, however, your carrier’s normal messaging, data and other rates and fees will still apply. By using the Mobile Services, you agree that Fitwise may communicate with you regarding Services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your profile settings and registration data to ensure that your messages are not sent to the person that acquires your old number.
USE BY MINORS.
Each User represents and warrants to Fitwise that they will not use the Trainnr Platform (or any portion thereof) or Services for any purpose other than for the legitimate purposes outlined here and agrees not to violate the following prohibitions:
Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone. Perform the obligations that you agree to perform.
Don’t post information you know is false, misleading, or inaccurate, or take any actions that are deceptive or fraudulent.
Don’t offer any products or services that are illegal, violate any applicable law, statute, ordinance, or regulation, including the charging or payment of any applicable taxes.
Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Trainnr Platform
Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Trainnr Platform (whether it belongs to Fitwise or another party).
Don’t try to interfere with the proper workings of Services, bypass any measures we’ve put in place to secure the Services or gain unauthorized access to any system, data, password, or other information, whether it belongs to Fitwise or another party.
Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Trainnr Platform to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
Don’t take apart or reverse engineer any aspect of the Trainnr Platform in an effort to access things like source code, underlying structure or ideas, or algorithms.
In order to access certain Services and/or Mobile Services, including the ability to register as a Trainer and/or purchase Fitness Products, Users will be required to create an account with a password that can be obtained by completing our online registration form (altogether “Account”). By creating an Account, you agree that all information provided in the registration data is true and accurate and that you will maintain and update this information as required to keep it current, complete, and accurate. You are solely responsible for maintaining the confidentiality of your password and Account and for any and all statements made and acts or omissions that occur through the use of your password and Account, whether or not permitted or authorized by you.
If you are a Client, once you establish an Account, you can purchase or subscribe to as many Fitness Products as you choose (each a “Subscription”). You may cancel your Subscription(s) any time through your Account but you will not be entitled to any refunds or pro-rations from us because, as further explained below, Trainnr is merely the platform through which a transaction between You and a Trainer takes place and does not have the authority to set the terms of purchases, cancellations or refunds of Fitness Products.
USERS’ PURCHASE AND SALE; TRAINNR PLATFORM FACILITATOR ROLE.
Users acknowledge that the Trainnr Platform does not sell or distribute any Fitness Products, but merely facilitates the sale transactions between Trainers and Clients by providing Services. All terms relating to Fitness Products are as agreed upon solely and exclusively between Trainer and Client, including but not limited to, the type of Fitness Products being offered, the quality of such Fitness Products, whether they are effective, their purchase terms, payment terms, the length of Subscriptions and the like. You acknowledge that Fitwise does not develop, design, produce, manufacture, own, store, inspect or monitor any Fitness Products featured or purchased through the Trainnr Platform, as such items are the sole responsibility of the Trainers offering such products, and Fitwise cannot and does not make any warranties about their quality, safety, or suitability for the purpose purchased. Any claim related Fitness Products, whether initiated by Subscriber or Trainer must be brought directly against the applicable purchaser or seller of the item.
All Users explicitly and entirely release Fitwise from any claims related to items sold through Services or on the Trainnr Platform, including for defective items, misrepresentations by sellers, items that caused physical injury (like product liability claims), claims that purchasers failed to pay amounts owed, tax issues, or termination of Users access to the Trainnr Platform or Services, or any other claim of any nature arising out of a transaction facilitated on the Trainnr Platform, including relating to any User Content (as defined below). Users are solely responsible for interactions on the Trainnr Platform with other Users. USERS EXPRESSLY UNDERSTAND AND AGREE THAT IF THERE ARE ANY LIABILITY, PRODUCT OR CUSTOMER SERVICE ISSUES RELATING TO FITNESS PRODUCTS, THE CLIENT AND TRAINER MUST RESOLVE THEM AMONGST THEMSELVES WITH NO INVOLVMENT BY FITWISE.
In order to use Third Party Provider services, such as payment processing, Users may be subject to processing or other fees or charges assessed by such Third-Party Providers that are beyond our control. USERS EXPRESSLY AGREE AND ACKNOWLEDGE THAT FITWISE IS NOT RESPONSIBLE FOR ANY SUCH THIRD-PARTY PROVIDER FEES BUT UNDERSTAND THAT USERS MAY NOT BE ABLE TO PURCHASE FITNESS PRODUCTS WITHOUT BEING SUBJECT TO SUCH THIRD-PARTY PROVIDER POLICIES AND REQUIREMENTS.
TRAINNR TRANSACTION FEES.
All purchases and sales of Fitness Services or Fitness Products through the Trainnr Platform are subject to a transaction fee (“Transaction Fee”), which is to be paid by the applicable Trainer to Fitwise through the Third-Party Provider payment processor, and which fee is calculated based upon the total value of the Fitness Services and/or Fitness Products being purchased by Subscribers. Additional terms relating to the Trainnr Transaction Fee are set forth in the Trainnr Terms posted [HERE].
FITWISE INTELLECTUAL PROPERTY.
DISCLAIMER OF WARRANTIES.
ALL SERVICES ON THE TRAINNR PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTIES OF TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM A TRAINER WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
FURTHER, FITWISE FURTHER DISCLAIMS ALL LIABILITY FITNESS PRODUCTS OFFERED FOR SALE THROUGH THE TRAINNR PLATFORM OR IN CONNECTION WITH ANY PURCHASE OR SALE OF FITNES PRODUCTS THROUGH THE TRAINNR PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS, RETURNS, EXCHANGES, WARRANTIES OR ANY OTHER CUSTOMER SERVICE ISSUES.
FITWISE LIMITATION OF LIABILITY.
IN NO EVENT SHALL FITWISE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM INURIES, LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE TRAINNR PLATFORM, SERVICES, USER CONTENT, FITNESS PRODUCTS, OR OF ANY OTHER SITE OR SERVICE REFERENCED OR LINKED TO OR FROM A TRAINNR PLATFORM.
HEALTH AND SAFETY WARNING; ASSUMPTION OF RISK.
The Trainnr Platform and Services are designed for recreational and healthy living purposes only and are not intended as medical or nutritional advice. Any User Content on the Trainnr Platforms should not be used to diagnose or treat any illness, metabolic disorder, disease or health problem. Always consult your physician, medical practitioner, or other health care provider before beginning any fitness or exercise program. Use of the Fitness Products pffered by Trainers on the Trainnr Platform is at the sole choice and risk of the User. You expressly agree that engaging in athletic or fitness activities carry certain inherent and significant risks of bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or in part by the action, inaction or negligence of Fitwise or any User.
The Trainnr Platform is controlled, operated, and administered by Fitwise from its offices within the United States of America. Fitwise makes no representation or warranty that the materials contained within the Trainnr Platform or Services are appropriate or available for use at locations outside of the United States. If Users access the Services from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.
TERMINATION OF USE.
Users agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
NO CLASS ACTIONS.
FITWISE INC welcomes your questions or comments regarding the Terms:
Effective as of June 1, 2021
Trainnr™ is a platform product by Fitwise Inc.