Terms of Use

TRAINSTATION END USER TERMS OF USE AGREEMENT

PLEASE READ THESE TERMS OF USE CAREFULLY AND IN THEIR ENTIRETY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. ACCEPTANCE OF THESE TERMS OF USE IS LEGALLY BINDING BETWEEN YOU AND TRAINSTATION INC. (“TrainStation,” “We,” “Us,” “Our”).

 1.  ACCEPTANCE OF TERMS

These Terms of Use (“Terms”) govern the access or use by you, an individual, of Applications, Websites, Content, Products and Services (as defined below) made available by TrainStation.

Your access and use of the Service constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and TrainStation.  If you do not agree to these Terms, you may not access or use the Services.  These Terms expressly supersede any prior agreements or arrangements with you.  TrainStation may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason and without notice.

By downloading, accessing, or using the Application or Services, you accept and agree to the entirety of these Terms of Use, which are legally binding, and further agree to indemnify and hold harmless TrainStation Inc., its Officers, Directors, Shareholders and Employees from all liability for any injuries, accidents, or direct or indirect damages of any kind which may result from use of the Application or Services.  This Terms of Use Agreement may be updated or changed from time to time without notice to you.  You can review the most current version of this Terms of Use Agreement at any time on our website or within our Application.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

You agree and consent to our collection and use of personal information in connection with the Services, as provided in TrainStation’s Privacy Policy located at: https://www.trainstation.fit/privacy-policy/

2.  DESCRIPTION OF SERVICES; MINIMUM AGE REQUIREMENT

TrainStation’s Services constitute a technological platform that is a resource to assist you in reaching and maintaining your physical fitness goals by offering exercise guidance and recommendations through the use of Artificial Intelligence, algorithms, and other computer software that may be accessed within our Mobile Application, Website, and elsewhere.  Unless otherwise agreed upon by TrainStation in a separate, written agreement with you, the Services are made available solely for your personal, non-commercial use.  YOU ACKNOWLEDGE THAT TRAINSTATION DOES NOT PROVIDE PERSONAL TRAINING, PHYSICAL, HEALTH OR MEDICAL SERVICES, NOR DO TRAINSTATION’S SERVICES FUNCTION AS ANY SORT OF SUBSTITUTE FOR A PERSONAL TRAINER OR ANY OTHER HEALTH OR MEDICAL SERVICE.  TO THE EXTENT THAT TRAINSTATION OFFERS WORKOUT OR EXERCISE ROUTINES, GUIDANCE, OR RECOMMENDATIONS, YOU AGREE THAT FOLLOWING, ADOPTING OR EXECUTING SUCH WORKOUT ROUTINES OR PHYSICAL TRAINING IS ENTIRELY AT YOUR OWN RISK AND YOUR OWN LIABILITY.  YOU SHOULD CONSULT A FITNESS OR MEDICAL PROFESSIONAL BEFORE ENGAGING IN ANY EXERCISE OR STRENUOUS PHYSICAL ACTIVITY.

You understand and agree that the TrainStation Services may include advertisements and that advertisements are necessary for TrainStation to provide the Services.  You also understand that TrainStation’s Services may include certain communications from TrainStation, such as service announcements, reminders, administrative messages, newsletters, notifications, and that these communications are considered part of TrainStation’s Services and may not be opted out of.  Unless explicitly stated otherwise, any new features that augment or enhance the current TrainStation Services including the release of new TrainStation properties, or new versions or updates of TrainStation, shall be subject to these same Terms of Use and shall be considered within TrainStation’s Services.  You understand and agree that the Services are provided “AS-IS” and that TrainStation assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.  You are responsible for obtaining access to the TrainStation Services, and that access may involve third party fees or costs (such as internet access, physical devices, hardware, etc).  You are responsible for those fees and costs.  You must provide and are responsible for all equipment necessary to access or utilize TrainStation’s Services.  You understand that the technical processing and transmission of the TrainStation Services, including your content, data and personal information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You represent that you are at least eighteen (18) years of age.  If you are younger than eighteen (18) years of age, you may only use or access TrainStation’s Services with the consent of a parent or legal guardian.  In any case, TrainStation’s Services should not be used by anyone under the age of sixteen (16) years.

3.  LIMITED LICENSE

Subject to these Terms, TrainStation hereby grants to You, an individual, a personal, nontransferable, and nonexclusive license to install and make use of TrainStation’s Services.  TrainStation may terminate this license at any time without notice, with or without reason.

4. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the TrainStation Services, you represent that you are an individual and of legal age to enter into a binding contract and are not a person barred from receiving the TrainStation Services under the laws of the Unites States or other applicable jurisdiction.  If you are not of legal age to enter into a binding contract, then you access TrainStation’s services only with the express permission of a parent or legal guardian who has read and agreed to these Terms of Use on your behalf.

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the TrainStation’s Services, including the Registration Data in the initial questionnaire, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or TrainStation has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, TrainStation has the right to suspend or terminate your account and refuse any and all current or future use of the TrainStation Services.

5.  MEMBERSHIP ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the TrainStation Services registration process.  You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.  You agree to (a) immediately notify TrainStation of any unauthorized use of your password or account or any other breach of security and, (b) ensure that you exit from your account at the end of each session.  TrainStation cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6.  OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS

  1. You hereby grant TrainStation an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio, graphic, textual, and video transmission), advertise in, on and around, and create derivative works of the Content you submit or make available for inclusion on or through the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
  2. You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the Service. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select).
  3. At any time you may modify or remove from the service any content consisting of photos, graphics, audio or video that you have submitted or made available for inclusion on or through the Service (but not, for clarity, any content solely in the form of text that you have posted to the public areas of the Service, or data collected from your usage of the Services, including health and fitness related data). Your removal of such Content from the Service will terminate our license to such Content. But if prior to such removal or modification, TrainStation has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion or otherwise), then TrainStation and its licensees have a limited right to continue to distribute those materials. You may terminate this limited license by sending us written notice to stop distributing the materials, in which event we will stop distributing the materials within 90 days. Your notice must have a subject heading of “REMOVE CONTENT,” and include your telephone number and email address. In addition, the notice must clearly identify the Content at issue and contain statements that you own or have an exclusive right to the Content and that all the information in the notice is true and correct. The 90-day period for TrainStation to stop distributing your Content begins only once TrainStation has received a notice complying with the requirements of this Section.
  4. You acknowledge, consent and agree that Content as defined above does not include your Usage Data, which is wholly owned by TrainStation, and which TrainStation may store, utilize, and even distribute or license in an anonymized format.
  5. If or when you submit ideas, suggestions, documents, or proposals (collectively, “Submissions”) to TrainStation, you represent, warrant, and agree that: (1) your Submissions do not include confidential or proprietary information; (2) if we so choose, TrainStation may use and disclose your Submissions in any way; and (3) TrainStation has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
  6. You acknowledge, consent and agree that TrainStation may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms of Use; (3) respond to claims that any Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of TrainStation, its users and the public.

7.  PROHIBITED CONTENT

You hereby acknowledge and agree that contributing, uploading, or sharing Prohibited Content constitutes breach of this Agreement, and may result in the revocation, removal or deletion of your account, with or without notice, at TrainStation’s sole discretion. Prohibited Content includes the following:

  1. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
  2. infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;
  3. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
  4. unsolicited, undisclosed or unauthorized advertising;
  5. software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
  7. in violation of any applicable local, state, national, or international law (including export laws). You acknowledge that TrainStation may or may not pre-screen Content, but that TrainStation and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the TrainStation Services. Without limiting the foregoing, TrainStation and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TrainStation or submitted to TrainStation, including without limitation information in any of TrainStation’s Services.

8.  MEMBER CONDUCT

a.  Prohibited Conduct

You must not do, or attempt to do, any of the following, as reasonably determined by TrainStation, subject to applicable law:

  1. access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
  2. access, tamper with, or use services or areas of the Service that you are not authorized to access;
  3. alter information on or obtained from the Service;
  4. tamper with postings, registration information, profiles, submissions or Content belonging to TrainStation or other Users of TrainStation;
  5. use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
  6. frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by TrainStation;
  7. impersonate or misrepresent your affiliation with any person or entity;
  8. reverse engineer any licensed software, application, tools or any other aspect of the Service or do anything that might discover source code including proprietary algorithms or any functionality of the Artificial Intelligence, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service, or utilize the Service’s API in any way it was not intended to be used, and you acknowledge that any of these activities listed in Section 8.a.viii would cause irreparable damages to TrainStation;
  9. send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient; or
  10. take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.

b.  Liquidated Damages

If you send unsolicited commercial or advertising email or messages, bulk email, spam, or chain letters (collectively, “unsolicited email or other communication”) through the Service, you acknowledge that you will have caused substantial harm to TrainStation, but that the amount of the harm would be extremely difficult to ascertain. Therefore, you agree at this time that the value of such harm caused by unsolicited email or other communication through the Service shall be fifty (50) dollars (USD) for each such email or other communication.

9.  PROTECTED CONTENT

You understand that the TrainStation Services and software embodied within the TrainStation Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TrainStation and/or content providers who provide or contribute content to the TrainStation Services. You may not attempt to override or circumvent any of the usage rules embedded into the TrainStation Services. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the TrainStation Services, in whole or in part, is strictly prohibited.

10.  INTERSTATE NATURE OF COMMUNICATIONS ON TRAINSTATION NETWORK

When you register with TrainStation, you acknowledge that in using the TrainStation Services to send electronic communications (including but not limited to email, search queries, sending messages to TrainStation Users, uploading photos and files, and other Internet activities), you will be causing communications to be sent through TrainStation’s computer networks, portions of which are located in across the United States and potentially outside of the United States. As a result, and also as a result of TrainStation’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms, you acknowledge that use of the service results in interstate data transmissions.

11. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the TrainStation Services and transfer, posting and uploading of software, technology, and other technical data via the TrainStation Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the TrainStation Services to parties identified on such lists; (b) agree not to use the TrainStation Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the TrainStation Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws. (d) agree not to utilize TrainStation Services for any training of any persons or groups of persons part of a Foreign Terrorist Organization as designated by the United States Department of State.

12.  CONTRIBUTIONS TO TRAINSTATION

By submitting ideas, feedback, suggestions, documents, and/or proposals (“Contributions”) to TrainStation through its suggestion or feedback webpages or application pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) TrainStation is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) TrainStation shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) TrainStation may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of TrainStation without any obligation of TrainStation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from TrainStation under any circumstances.

13. INDEMNITY

You agree to indemnify and hold TrainStation and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the TrainStation Services, your use of the TrainStation Services, your connection to the TrainStation Services, your violation of these Terms, or your violation of any rights of another.

14.  NO COMMERCIAL REUSE OF TRAINSTATION SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the TrainStation Services (including Content, advertisements, Software and your TrainStation ID).

15.  GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that TrainStation may establish general practices and limits concerning use of the TrainStation Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the TrainStation Services, the maximum number of email messages that may be sent from or received by an account on the TrainStation Services, the maximum size of any email message that may be sent from or received by an account on the TrainStation Services, the maximum disk space that will be allotted on TrainStation’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the TrainStation Services in a given period of time. You agree that TrainStation has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the TrainStation Services. You acknowledge that TrainStation reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TrainStation reserves the right to modify these general practices and limits from time to time.

TrainStation may introduce a Messenger in the future as a feature of the TrainStation Services.  Such Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your TrainStation accounts located on TrainStation servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on TrainStation too. Your agreement to these Terms constitutes your consent to allow TrainStation to store these communications on its servers and offer access to them in this way.

16.  MODIFICATIONS TO TRAINSTATION SERVICES

TrainStation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the TrainStation Services (or any part thereof) with or without notice. You agree that TrainStation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the TrainStation Services (or any part thereof).

17.  TERMINATION OF YOUR ACCOUNT

You may terminate your TrainStation account, any associated email address and access to the TrainStation Services by submitting such termination request to TrainStation.

You agree that TrainStation may, without prior notice, immediately terminate, limit your access to or suspend your TrainStation account, any associated email address, and access to the TrainStation Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these Terms, or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the TrainStation Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the TrainStation Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in TrainStation ‘s sole discretion and that TrainStation shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the TrainStation Services.

Termination of your TrainStation account includes any or all of the following: (a) removal of access to all or part of the offerings within the TrainStation Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the TrainStation Services.

18.  DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the TrainStation Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TrainStation shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the TrainStation Services.  These Terms include any advertisers or vendors within the TrainStation store, which is a feature that may be included in the TrainStation Services.

19.  LINKS

The TrainStation Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that TrainStation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TrainStation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such linked site or resource.

20.  TRAINSTATION’S PROPRIETARY RIGHTS

You acknowledge and agree that the TrainStation Services and any software used in connection with the TrainStation Services (“Software”) contain proprietary and confidential code, algorithms and information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the TrainStation Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by TrainStation or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, reverse engineer, broadcast, publicly perform or create derivative works based on the TrainStation Services, such Content or the Software, in whole or in part.

TrainStation grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer or device at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the TrainStation Services. You agree not to access the TrainStation Services by any means other than through the interface that is provided by TrainStation for use in accessing the TrainStation Services.

21.  DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE TRAINSTATION SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE TRAINSTATION SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRAINSTATION AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. TRAINSTATION AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE TRAINSTATION SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE TRAINSTATION SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TRAINSTATION SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TRAINSTATION SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TRAINSTATION SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAINSTATION OR THROUGH OR FROM THE TRAINSTATION SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
  5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE TRAINSTATION SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE TRAINSTATION SERVICE. IMMEDIATELY DISCONTINUE USE OF THE TRAINSTATION SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE TRAINSTATION SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
  6. YOUR PERFORMING OF ANY EXERCISE, MOVEMENT, OR ACTIVITY IN ASSOCIATION WITH YOUR USE OF TRAINSTATION SERVICES IS ENTIRELY YOUR OWN DECISION AND RISK. ANY EXERCISE INVOLVES INHERENT RISK OF INJURY OR HARM TO YOUR BODY. YOU ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURY OR HARM THAT MAY OCCUR TO YOU WHILE EXERCISING, INCLUDING EXERCISES YOU PERFORM IN YOUR ACCESSING OR USE OF TRAINSTATION SERVICES. TRAINSTATION MAKES NO WARRANTY THAT ANY MOVEMENT OR EXERCISE IS SAFE FOR ANYONE UNDER ANY CIRCUMSTANCES.

22.  LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRAINSTATION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, BODILY HARM OR INJURY, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF TRAINSTATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE TRAINSTATION SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TRAINSTATION SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE TRAINSTATION SERVICE.

23.  MEDICAL AND HEALTH AGREEMENT

THE FITNESS, NUTRITION, HEALTH, AND RELATED INFORMATION AND RECOMMENDATIONS PROVIDED BY TRAINSTATION IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER. TRAINSTATION IS NOT A MEDICAL ORGANIZATION. WE ENCOURAGE AND ADVISE YOU TO SEEK PROFESSIONAL MEDICAL ADVICE BEFORE STARTING ANY FITNESS OR NUTRITION EFFORT OR PROGRAM. DO NOT START A DIET OR FITNESS ROUTINE WITH US IF YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT. WE CANNOT PROVIDE YOU WITH MEDICAL ADVICE OR DIAGNOSIS. NOTHING THAT YOU MAY READ ON OUR SITES, APPLICATION, OR THAT IS OTHERWISE PROVIDED TO YOU BY OUR SERVICES SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. SUCH INFORMATION IS NOT A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT. THIS SERVICE IS INTENDED FOR USE ONLY BY HEALTHY INDIVIDUALS SAFELY CAPABLE OF SUCH ACTIVITIES, PROGRAMS AND PHYSICAL MOVEMENTS.

In becoming a member with the intent of using this Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of TrainStation.

And, if you are a woman, in becoming a Member with the intent of using the Services, you further affirm that either: (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of TrainStation.

TrainStation reserves the right to cancel or refuse your membership if we determine that you have certain medical conditions.

You are advised and understand that health, diet and fitness advice is often subject to change due to medical and scientific research and developments. No assurance can be given that the Service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.

24.  NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Use Agreement, there shall be no third-party beneficiaries to this Agreement.

25.  NOTICE

TrainStation may provide you with notices, including those regarding changes to the Terms of Use, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the TrainStation Services, push notifications, transmissions through other networks or services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these Terms of Use by accessing the TrainStation Services in an unauthorized manner. Your agreement to these Terms of Use constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the TrainStation Services in an authorized manner.

26.  TRADEMARK AND COPYRIGHT INFORMATION

You agree that all of TrainStation’s trademarks, trade names, service marks and other TrainStation logos and brand features, and product and service names are trademarks and the property of TrainStation, Inc. (the “TrainStation Marks”). Without TrainStation’s prior permission, you agree not to display or use in any manner the TrainStation Marks.  Without TrainStation’s prior permission, you agree not to display or use in any manner material from TrainStation’s Services that is subject to copyright protection.

27.  ENTIRE AGREEMENT

This Terms of Use Agreement constitutes the entire agreement between you and TrainStation and governs your use of the TrainStation Services, superseding any prior version of this Terms of Use Agreement between you and TrainStation with respect to the TrainStation Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TrainStation Services, affiliate services, third-party content, or third-party software.

28.  WAIVER AND SEVERABILITY OF TERMS

The failure of TrainStation to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use Agreement 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 of Use Agreement remain in full force and effect.

29.  NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY

You agree that your TrainStation account is non-transferable and any rights to your TrainStation ID or contents within your account terminate upon your death or deletion of your account. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein may be permanently deleted in TrainStation’s sole discretion.

30.  SECTION TITLES IN THIS AGREEMENT

The section titles in this Terms of Use Agreement are for convenience only and have no legal or contractual effect.

31.  STATUTE OF LIMITATIONS

You agree that regardless of any stature or law to the contrary, any claim or cause of action arising out of or related to use of the TrainStation Services or the Terms of Use Agreement must be filed within (1) year after such claim or cause of action arose or be forever barred.