TERMS OF USE

Last modified: 3/10/2021

Effective date: 3/10/2021

1. BACKGROUND

These terms of use (the “Terms”) govern you and your access (“You”) to any software, webpage, and/or emailed training programs, whether accessed: (a) on a device through the Trainerize and/or Physitrack websites or applications (collectively the “Website”); (b) on Annelise Tripp Training social media properties; or (c) by mobile device (individually and collectively “Product”), to the Product, which is owned and/or operated by Annelise Tripp Training (“Trainer”), a Redondo Beach sole proprietorship having its registered address at 2016A Harriman Lane, Redondo Beach, CA 90278. 

2. APPROVAL OF THE TERMS

Please read these Terms carefully. If You do not agree to these Terms, You are not authorized to use or access the Product. By accessing or using the Product, You represent, warrant and signify that: (a) You are at least 18 years of age; (b) You have read, understood and agree to be bound by these Terms as they may be amended from time to time; and (c) You have read and understand Trainer’s Privacy Policy, which can be accessed at www.annelisetripp.com (the "Privacy Policy"), the terms of which are incorporated herein by reference, and agree to abide by the Privacy Policy.

You may not use the Product nor accept these Terms if you are not of a legal age to form a binding contract with Trainer.  If You accept these Terms, You represent that You have the capacity to be bound by them.

3. AMENDMENT

Trainer may revise these Terms without notice to You.  Trainer will post the most current Terms at annelisetripp.com, and your use of the Product will be subject to the most current Terms as posted on annelisetripp.com at such time. It is your responsibility to visit this page to find any updates that may have been made to the Terms. You hereby agree that the Trainer shall not be liable to You, your employee, or any other third party for any amendments to the Terms.

4. PAYMENT TERMS

Payment will be due upon delivery of an electronic invoice from Trainer as applicable. Any amounts payable by You hereunder which remain unpaid 10 days after an invoice is delivered will cause a suspension of services until the payment is made.  All payment is exclusive of any taxes or duties. Trainer will not be responsible for any taxes or duties owed by You.

5. TERMINATION

These Terms are effective on the date that You access the Product and will continue to apply until the Parties’ relationship has terminated. Users may terminate their relationship with Trainer by notifying Trainer via email at annelisetripptraining@gmail.com. The services provided by the Product and the applicable fees shall continue until the end of your current subscription term after You have notified Trainer of your desire to unsubscribe from the Product, to close your account, and to cease your use of the Product.

Trainer may terminate the relationship with You immediately at any time and for any reason including, but not limited to, a breach of these Terms and under the following circumstances:

a. if You have not adhered to any or all the provisions of the Terms (such as a failure to pay fees when due) or if it appears that You do not intend to or are unable to comply with the Terms, with such determination to be made solely at Trainer’s discretion;

b. if Trainer required to terminate the relationship by law;

c. if Trainer receives any notice of your misuse of the Product; or

d. if provision of the Product is no longer commercially viable for Trainer.

Upon termination of the Parties’ relationship, Trainer will immediately revoke your license to use the Product, may block all access to your account and may delete all data and information associated with your account thirty (30) days after such termination. Upon termination of this relationship, You will remain liable for any accrued charges and amounts which become due for payment prior to or following termination. 

7. USE OF THE PRODUCT

In order to use the Product, You must register using the Google application form and/or using the software Trainerize or Physitrack, as directed by Trainer. A home program will then be shared to your provided email address containing your personalized Product.

Accounts: You may not open an account if you are a competitor, whether directly or indirectly, of Trainer.

Permitted Uses: You agree to use the Product only for purposes that are permitted, both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines, in relevant local, national, and international jurisdictions.

Unauthorized Access: You agree to only access (or try to access) and use the Product through interfaces provided by Trainer. You shall not access (or try to access) and use the Product through any automated means, including, but not limited to, scrapers, scripts, robots, or web crawlers. You agree not to use or attempt to use another User’s account. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with any person or entity.

Prohibited Uses: You may only use the Product for lawful purposes. You may not use the Product in any manner that:

a. breaches any applicable local, national or international law or regulation;

b. may in any way be considered harassment to another person or entity;

c. may in any way, be unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

d. may in any way damage, disable, overburden, and/or impair the Product server, or any network connected to the Product server, and/or interfere with any other party’s use or enjoyment of the Product;

e. is in any way abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature or written in bad faith;

f. harms or attempts to harm minors in any way;

g. will reproduce, duplicate, copy, sell, resell or exploit any portion of the Product; or

h. will abuse either verbally, physically, written or other abuse (including threats of abuse or retribution) of any Product customers, employees, members, or officers.

Any of the foregoing will result in immediate account termination.

You represent and warrant that You will not use the Product to upload, post, link to, email, transmit, or otherwise make available any material that contains 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 any telecommunications equipment. Nor will You post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You further represent and warrant that You will not disrupt the functioning of the Website, in any manner.

Moderation: You understand and agree that although Trainer is not required to moderate your use of the Product, it may in its sole judgment review and delete any content in whole or in part, for any reason whatsoever, which without limitation, violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.

User Responsibility: You agree that You are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach. Trainer has no responsibility to you or to any third party for such breaches or the consequences of such breaches (including losses or damage that Trainer may incur).

You understand that when using the Product, You may come across material that You find objectionable, offensive or indecent and agree that You are using the Product at your own risk.

Technical Requirements: Use of the Product requires internet access through your computer. You may be required to have Trainerize, Physitrack and/or Google Drive enabled to use the Product, and some features of the Product may not be accessible with such technologies disabled.

Linking: If you would like to link to the Product, Trainer requests that you:

Inform Trainer that you are creating a link by sending a message to annelisetripptraining@gmail.com. Please indicate the URL of the page where the link will be placed.

Link to the Product home page instead of specific pages within the Product.

While Trainer encourages links to the Product, it does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful information of any kind, including, without limitation, any content i) that constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; ii) that may be damaging or detrimental to the activities, operations, credibility or integrity of the Trainer; or iii) that contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights.

The Trainer reserves the right to prohibit or refuse to accept any link to the Product, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Product upon the request of the Trainer.

The framing, mirroring of the Product or any of its content in any form and by any method is strictly prohibited and deep linking is discouraged. You may not cause any advertisement including any pop-up or banner advertisement to appear at, or on, or after exiting, the Product.

8. PRIVACY

Your privacy is very important to Trainer. Please review Trainer’s Privacy Policy at annelisetripp.com. The Privacy Policy applies to the collection, use, disclosure, retention, protection and accuracy of your personal information and business financial information collected for the purposes of the features offered through the Product.

9. THIRD PARTY LINKS

The Product may link to third-party websites or resources. Such links are provided as a convenience to You only and do not imply an endorsement, warranty or guarantee by Trainer of any such linked Website or the company it purports to represent. Trainer does not assume any responsibility or liability for their availability, accuracy, the related content, products or services. You are solely responsible for use of any such websites or resources and compliance with their policies. Should You elect to enter into a binding contract with any such website, You agree to that Trainer has no liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of your actions or the actions of any user associated with your account, offering to accept or having accepted any products or services that are available from those sites.

10. INTELLECTUAL PROPERTY AND RIGHTS

You acknowledge and understand that Trainer owns all right, title, licenses, and interest in:

(a) the Product (except Trainerize, Physitrack, or third-party software) and any associated data files; and (b) all computer software; advertisements; sponsored content; and intellectual property associated with the Product (except Trainerize, Physitrack, or third-party software) (all such information, individually and collectively, being the “Product Content”), which You may have access to when using the Product.

Except as set forth in the Agreement, all rights not expressly granted to You are reserved. You agree not to decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying the Product. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of services products or services) based on the Product Content that You do not own or to which You have rights, or to create derivative works based on the Product. You may not infringe upon Trainer’s intellectual property or adapt, reproduce, publish or distribute copies of any information or material found on the Product in any form (including by e-mail or other electronic means), without Trainer’s prior written consent.

Limited license: Trainer grants You a non-exclusive, non-transferable, revocable, limited license to use the parts of the Product owned by Trainer in accordance with these Terms. This limited license is subject to full payment of the monthly fees, when due. This license may be revoked upon breach of these Terms by You and shall automatically be revoked upon termination or expiration of this Agreement.

Trainer may, now or in the future, own rights to trademarks, trade names, services marks, logos, domain names and other distinctive brand features which Trainer uses in connection with the operation of the Product (each such feature being a “Brand Right” and collectively being the “Brand Rights”). Trainer does not grant you any right or license to use any Brand Right other than as expressly set out in these Terms and in other licenses between You and Trainer.

You also understand that in order for Trainer to operate the Product, User Data may be transmitted by You or Trainer over various public networks and in various media in compliance with Trainer’s security protocols and Trainer may make changes to User Data to meet the technological requirements of such networks and media. You are responsible for ensuring that User Data is protected and your rights in User Data are enforced; Trainer has no responsibility to protect or enforce your rights on your behalf with respect to User Data.

At any time and up to 30 days after your termination with Trainer, You may request a copy of all of your User Data from the Product. You understand and agree that after the expiration of thirty (30) days after your termination with Trainer, your User Data may be permanently deleted and You will no longer have access to such User Data.

11. DISCLAIMERS

The Product is provided “as-is” without warranties of any kind, either expressed or implied. You acknowledge, agree, and understand that You use the Product at your own risk. Trainer has no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Product.

Downtime: The Product may be temporarily unavailable from time to time for maintenance or other reasons. Trainer assumes no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between You and the Product.

No endorsement as to accuracy: Trainer accepts no responsibility for the accuracy of any User Data provided by or created using the Product except as otherwise set out in these Terms. The provision or storage of User Data through the Product does not constitute Trainer’s endorsement or warranty as to the compliance of such User Data with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such User Data. You are responsible for ensuring that the information you have entered into Trainer’s system is accurate, reliable and complete.

Monitoring: Trainer has no liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by users.

Damage to hardware: Any material downloaded or otherwise obtained through the use of Trainer’s services and products is done at your own discretion and risk, and You will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

12. DATA RETENTION

Data retention is subject to each Website’s data retention policies.

13. REFUND POLICY

Once payment for the monthly services has been made, You will not be refunded for appointment cancellations or services that month. Depending on the circumstances of the cancellation, Trainer may reschedule appointments or credit your account for the following month for any missed sessions and may do so in Trainer’s sole discretion.

14. LIMITATION OF LIABILITY

You hereby agree to release, remise and forever discharge Trainer and Trainer’s directors, employees, officers, and Trainer’s affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, and for any special, indirect or consequential, incidental or exemplary damages (collectively, a “Claim”), whether in contract or tort, whether known or unknown, which now or hereafter arise from, to the maximum extent allowed by law, that relate to, or are connected with:

a. any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use data, or other intangible losses;

b. your provision of any personal information provided to Trainer subject to Trainer’s legal requirements relating to the protection of personal information;

c. communications received to you through your access to the Product;

d. the posting of information on the Product, Website, blog, account or any affiliated social media, including but not limited to, User data, Cards, written reviews, pictures, or personal information;

e. the use of the Product and any related applications including third party services;

f. the use of any software related to the Product;

g. viruses, spyware, service provider failures or internet access interruptions;

h. loss of use, loss of data, inaccuracy of data, payment failure, payment defect, inaccurate calculations, downtime, identity theft, fraud or unauthorized access; or

i. any content relating to the use of the Product,

even if you have been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.

In the event that Trainer becomes liable for any damages whatsoever, you agree that such damages shall be limited in the aggregate to the amount of fees or charges which You have paid for the Product in the previous invoice.

15. INDEMNIFICATION

To the extent permitted by applicable laws, You agree that You will defend, indemnify and hold harmless Trainer and Trainer’s officers, directors, shareholders, employees, agents and representatives from and against any and all damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to: (a) generally, your breach of these Terms; your access to and/or use of the Product; and any loss of, or damage to, any property, or injury to, or death of, any person (including you) caused by your access to and/or use of the Product; and (b) specifically, your breach of the intellectual property rights of any third party to these Terms.

You agree that You will be solely responsible for all activities that occur under your account, whether You are aware of them or not. You agree to hold Trainer harmless and release Trainer from any loss or liability whatsoever that You may incur as a result of someone other than You using your password or account, either with or without your knowledge. You agree to indemnify Trainer for any damages, third party claims or liabilities whatsoever that Trainer may incur as a result of activities that occur on or through your account, whether or not You were directly or personally responsible.

16. GOVERNING LAW AND FORUM OF DISPUTES

By visiting the Website or using the Product, You agree that the laws of the State of California, without regard to the principles of conflict of laws, will govern these Terms and any dispute of any sort that may arise between You and Trainer. With respect to any disputes or claims, You agree that any action in connection therewith will be in Los Angeles County, State of California, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state court of California. You agree to pay reasonable attorneys' fees and court costs incurred by Trainer as a result of any claim involving You and Trainer. 

17. FORCE MAJEURE

You agree that Trainer is not liable for a delay or failure in performance of the Product or the provisions of these Terms caused by reason of any occurrence of unforeseen events beyond Trainer’s reasonable control, including but not limited to, acts of God, pandemics, epidemics, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labor disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.

18. SEVERABILITY

If any portion of these Terms is deemed unlawful, void or unenforceable by any court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void, or unenforceable shall be stricken from these Terms.

19. HEADINGS

The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.

20. ASSIGNMENT OF AGREEMENT

You may not, without Trainer’s prior written consent, assign the Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Agreement and will be void. Trainer may assign this Agreement to a third party at any time at Trainer’s sole discretion. The Agreement will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.

21. WAIVER

You agree that if Trainer does not exercise or enforce any legal right or remedy which is contained in these Terms or which Trainer has the benefit of under any applicable law, this will not be taken to be a formal waiver of Trainer’s rights and that those rights or remedies will still be available to Trainer. 

22. SURVIVAL OF AGREEMENT

All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of  the Parties’ relationship.

23. ENTIRE AGREEMENT

These Terms, the Waiver and Release of Liability, and the Privacy Policy will constitute the entire agreement between Trainer and You with respect to the subject matter hereof and all prior oral or written agreements, representations or statements with respect to such subject matter are superseded hereby. In the event of a conflict between these Terms and the Privacy Policy, the terms and conditions found herein shall prevail.

24. CONTACT

By providing Trainer with your e-mail address, You agree to receive all required notices electronically, to that e-mail address or by mobile notifications via the Product. It is your responsibility to update or change that address, as appropriate.

If You have any questions or comments regarding these Terms please contact Trainer’s head office by email at annelisetripptraining@gmail.com.