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IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE
SERVICES.
This Agreement is subject to change by Train.me-online (hereinafter "Train-me") in its sole discretion at
any time, with or without notice. Your continued use of this Site or the Services after the posting of
revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of
this Agreement to determine when the Agreement was last revised.
Train-me.online may offer additional services or revise any of the services or pricing, at its discretion,
and this Agreement will apply to all additional services or revised services. Train-me also reserves the
right to cease offering any of the Services.
1. Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to
the following:
1.1. Exclusive Use.
Your account is for your personal use only. You may not authorize others to use your account, and you may
not assign or otherwise transfer your account to any other person or entity. You acknowledge that Trainme is
not responsible for third party access to your account that results from theft or misappropriation of your
user names and passwords.
1.2. Information Submitted.
You are solely responsible for, and assume all liability regarding, (i) the information and content you
contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make
available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users
through the Services.
1.3. Risk Assumption and Precautions.
YOU HEREBY ACKNOWLEDGE THAT YOU, NOT Train-me.online, ARE PERSONALLY RESPONSIBLE FOR THE CONTENT OF ALL
EXERCISES PROGRAMS, ASSESSMENTS, COACHING ETC USED BY YOUR CLIENTS OR CUSTOMERS. YOU FURTHER UNDERSTAND AND
ACKNOWLEDGE THAT PHYSICAL EXERCISE IS INHERENTLY DANGEROUS AND CARRIES WITH IT THE POTENTIAL FOR DEATH,
SERIOUS INJURY AND PROPERTY LOSS. YOU UNDERSTAND AND AGREE THAT YOU ASSUME THE RISK OF YOUR CLIENTS USING
TRAIN-ME.ONLINE. YOU ARE RESPONSIBLE FOR ASSURING THAT ANYTHING YOU ASK OR RECOMMEND YOUR CLIENTS TO DO IS
SAFE AND APPROPRIATE FOR THAT CLIENT. YOU ARE RESPONSIBLE FOR REVIEWING ANY VIDEOS, INSTRUCTIONS OR OTHER
CONTENT PROVIDED BT TRAIN-ME.ONLINE BEFORE MAKING IT AVAILABLE TO YOUR CLIENTS TO ENSURE IT IS CORRECT, SAFE
AND SUITABLE FOR YOUR CLIENTS.
1.4. Reporting of Violations.
You will promptly report to Trainme any violation of the Agreement by others, including but not limited to
Registered Users.
1.5. Content Removal.
Trainme reserves the right, but has no obligation, to monitor the information or material you submit to the
Services or post in the public areas of the Services. Trainme will have the right to remove any such
information or material that in its sole opinion violates, or may violate, any applicable law or either the
letter or spirit of this Agreement or upon the request of any third party.
1.6. Posting and Communication Restrictions.
you will not post on the Services, transmit to other users, communicate any content (or links thereto), or
otherwise engage in any activity on the Site or through the Services, that:
1.6.1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
1.6.2. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or
Services;
1.6.3. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or
otherwise objectionable;
1.6.4. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software,
etc.) without obtaining permission first;
1.6.5. contains video, audio photographs, or images of another person without his or her permission (or
in the case of a minor, the minor’s legal guardian);
1.6.6. promotes or enables illegal or unlawful activities, such as violate someone’s privacy, harm or
harass another person, obtain others’ identity information, create or disseminate computer viruses, or
circumvent copy-protect devices;
1.6.7. intended to defraud, swindle or deceive other users of the Services;
1.6.8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive
codes, components or devices;
1.6.9. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
1.6.10. disseminates another person’s personal information without his or her permission, or collects or
solicits another person’s personal information for commercial or unlawful purposes;
1.6.11. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of
the Site;
1.6.12. impersonates, or otherwise misrepresents affiliation, connection or association with, any person
or entity;
1.6.13. solicits gambling or engages in any gambling or similar activity;
1.6.14. uses scripts, bots or other automated technology to access the Site or Services;
1.6.15. uses the Site or Services for chain letter, junk mail or spam e-mails;
1.6.16. collects or solicits personal information about anyone under 18; or
1.6.17. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar
activities.
1.7. No False Information.
You will not provide inaccurate, misleading or false information to Train-me.online or to any other user. If
information provided to Train-me.online or another user subsequently becomes inaccurate, misleading or
false, you will promptly notify Train-me.online of such change.
1.8. No Advertising or Commercial Solicitation.
You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any
information obtained from the Services in order to contact, advertise to, solicit, or sell to any user
without their prior explicit consent. If you breach the terms of this subsection and send or post
unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you
acknowledge that you will have caused substantial harm to Train-me.online, but that the amount of such harm
would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay
Train-me.online US$50 for each such unsolicited communication you send through the Services.
1.9. No Harassment of Train-me.online Employees or Agents.
You will not harass, annoy, intimidate or threaten any Train-me.online employees or agents engaged in
providing any portion of the Services to you.
2. Proprietary Rights
2.1. Ownership of Proprietary Information.
You hereby acknowledge and agree that Train-me.online is the owner of highly valuable proprietary
information, including without limitation, the exercise instructions, and videos. Train-me.online owns and
hereby retains all proprietary rights in the Services and the Site, including but not limited to, all
Confidential Information.
2.2. No Use of Confidential Information.
You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from,
distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other
copyrighted material, trademarks, or other proprietary information accessible via the Services, without
first obtaining the prior written consent of the owner of such proprietary rights.
2.3. Other Users’ Information.
Other Registered Users may post copyrighted information, which has copyright protection whether or not it is
identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform,
display, commercially use, or sell any Train-me.online or third party proprietary information available via
the Services or the Site.
2.4. License to Posted Content.
By posting information or content to any pages or area of the Services such as Advice, you automatically
grant, and you represent and warrant that you have the right to grant, to Train-me.online and its users, an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform,
publicly display and distribute such information and content, and to prepare derivative works of, or
incorporate into other works, such information and content, and to grant and authorize sub-licenses of the
foregoing. From time to time, we may create, test or implement new features or programs on the Site in which
you may voluntarily choose to participate, in accordance with the additional terms and conditions of such
features or programs. By your voluntary participation in such features or programs, you grant us the rights
stated in this subsection in connection with the additional terms and conditions (if any) of such features
or programs.
3. User Information
3.1. Privacy Statement.
For information about the collection and possible use of information and material provided by you, please
click on Train-me.online’s Privacy Statement located on the Site. By using the Site or the Services, you are
consenting to the terms of Train-me.online’s Privacy Statement.
3.2. Disclosure By Law.
You acknowledge and agree that Train-me.online may disclose information you provide if required to do so by
law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is
reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process
(whether or not such disclosure is required by applicable law); (2) protect or defend Train-me.online’s, or
a third party’s rights or property; or (3) protect someone’s health or safety.
3.3. Use of Anonymous Information for Research.
By using the Services, you agree to allow Train-me.online to anonymously use the information from you and
your experiences through the Services to continueTrain-me.online’s research into successful exercise
programming and to improve the Services. This research, conducted by fitness professionals and healthcare
research scientists, may be published in academic journals. However, all of your responses will be
anonymous, and we will not publish research containing your personal identifying information.
4. Content Sold Using Trainme
4.1. You acknowledge that you are entirely responsible for the content, quality and suitability of any
content you sell via Trainme.
4.2. You agree not to attempt to sell any content that does not fit the sales description you have
provided or are in any other way not fit for purpose or do not meet the expectations of the customer.
4.3. Trainme reserves the right to refund any client/ customer for any content you sell at any time for
any reason or no reason and to charge you the full amount of that refund.
5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
The Services may contain links to web sites of third-parties, including without limitation, advertisers,
which are not under the control of Trainme, and Trainme is not responsible for the content of any linked
site or any link contained in a linked site, or any changes or updates to such web sites. Trainme provides
these links to you only as a convenience, and the inclusion of any link does not imply that Trainme endorses
or accepts any responsibility for the content on such third-party web site. Your correspondence or business
dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through
the Services (including payment and delivery of related goods or services, any personal information or
opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms,
conditions, warranties or representations associated with such dealings) are solely between you and such
advertiser or sweepstakes sponsor. You agree that Trainme will not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings, including the sharing of the information you
supply to Train-me.online with advertisers or sweepstakes sponsors, or as the result of the presence of such
advertisers on the Services.
6. Disclaimer of Warranty
6.1. No Warranties.
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Train-me.online PROVIDES THE
SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION
CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Train-me.online DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE,
UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE
SERVICES WILL BE CORRECTED. Train-me.onlinen DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT
TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
6.2. Third Party Content.
Opinions, advice, statements, offers, or other information or content made available through the Services,
but not directly by Train-me.onlinen, are those of their respective authors, and should not necessarily be
relied upon. Such authors are solely responsible for such content. Train-me.online DOES NOT: (i) GUARANTEE
THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE
OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY
PARTY OTHER THAN Train-me.online. UNDER NO CIRCUMSTANCES WILL Train-me.online BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR
TRANSMITTED TO OR BY ANY USERS.
6.3. Beta Features.
From time to time, Train-me.online may offer new “beta” features or tools with which its users may
experiment on the Services. Such features or tools are offered solely for experimental purposes and without
any warranty of any kind, and may be modified or discontinued at Train-me.online’s sole discretion. The
provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
7. Limitation of Liability and Indemnification
IN NO EVENT WILL Train-me.online BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES
ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE
SERVICES, EVEN IFTrain-me.online KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
CONSIDERATION OF THIS AGREEMENT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Train-me.online, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES
(INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF (1) YOUR USE OF OR INABILITY TO USE THE
SITE OR SERVICES, INCLUDING CLAIMS OR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT
DISABILITY OR PROPERTY DAMAGE, MEDICAL OR ECONOMIC LOSSES; (2) ANY USER POSTINGS MADE BY YOU; (3) YOUR
VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; OR (4) YOUR
VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. Train-me.online RESERVES THE RIGHT, AT ITS OWN COST,
TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN
WHICH EVENT YOU WILL FULLY COOPERATE WITH Train-me.online IN ASSERTING ANY AVAILABLE DEFENSES. THIS
AGREEMENT SHALL BE BINDING UPON YOUR HEIRS, ASSIGNEES, SUCCESSORS AND PERSONAL REPRESENTATIVES. YOU HEREBY
FURTHER STATE THAT YOU CURRENTLY SUFFER FROM NO PHYSICAL OR MENTAL CONDITION THAT WOULD IMPAIR YOUR ABILITY
TO FULLY PARTICIPATE IN THIS AGREEMENT.
8. Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or
special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone
number, in order to communicate with you regarding the Services.
9. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the
Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Train-me.online
may terminate your account at any time, for any reason or no reason, without explanation, effective upon
sending written notice to the other party. Train-me.online reserves the right to immediately suspend or
terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve
the right to remove your account information or data from our Services and any other records at any time at
our sole discretion. In the event your access to any of the Services is suspended due to the breach of this
Agreement, you agree that all fees then paid to Train-me.online by you will be nonrefundable and all
outstanding or pending payments will immediately be due.
10. Renewals
10.1 In order to provide continuous service, Train-me.online automatically renews all paid memberships
for Services before such memberships expire. Such renewals are generally for the same duration as the
original membership term. For example, a 1-month membership will renew on a monthly basis, a 12-month
membership will renew on a 12-month basis, and so on. In addition, Train-me.online sometimes offers special
promotions that have renewal periods of different duration than the original membership term.
Train-me.online always communicates renewal periods to you upon confirmation of your membership and in the
body of any special promotions that have renewal periods of different duration than the original membership
term. By entering into this Agreement, you acknowledge that your account will be subject to the
above-described automatic renewals.
10.2 Any extra usage charges (Eg. Use of extra client accounts or blocks of client accounts) will be
added to your subscription charges according to your usage. You agree that you understand what these charges
may be and that you are soley responsible for your usage and that Train-me.online has no requirement or
responsibility to notify you of any events that may affect the usage charges added to your subscription or
account.
11. Free Trial
This offer (the “Free Trial”), which is made to you by Train-me.online entitles you access to the
Train-me.online Service for a period of one (1) month from the moment that you activate such trial period by
submitting your payment details (the “Free Trial Period”). By submitting your payment details, you accept
the Trial Offer and (i) consent to us using your payment details in accordance with our Privacy Policy, (ii)
acknowledge and agree to Train-me.online Terms and Conditions of Use and these Train-me.onlinen Free Trial
Terms and Conditions. If you decide that you do not want to become a paying user of the Train-me.online
Service upon the lapse of the Free Trial Period, you have to terminate your subscription by the end of the
Free Trial Period. You may only use this Free Trial Offer once. Train-me.online Ltd reserves the right, in
its absolute discretion, to withdraw or to modify this Free Trial Offer and/or Free Trial Terms and
Conditions at any time without prior notice and with no liability.
12. Cancellations
12.1 You can cancel your subscription at any time. After cancellation you will still have access to the
software until the end of your current subscription period but your subscription will not be renewed.
13. Refunds
13.1. Refunds will be given for the current subscription period if you cancel during that period without
logging in to the software during that subscription period. This includes charges made if you have forgotten
to cancel before the end of a free trial on condition that you cancel within one subscription period of the
free trial ending and have not used the product since the end of the trial.
13.2. We will assess refund or credit requests not covered in 13.1 on their own merits considering the
digital nature of the product and the trial period that was available before purchase. There is generally no
obligation to provide a refund or credit if you have a) Not used the product. Or b) Changed your mind about
using the product.
14. Client's information
14.1. You confirm that you have been given permission from any client's or other third parties to give
us any information concerning them before you do so.
14.2. You are responsible for ensuring your clients read and accept our terms and privacy statement
before they use the site.
15. Our Guarantee
15.1. We agree to refund your first 6 months subscription payments if you can prove that you have made
an income of less than 10 x your average monthly subscription payment over this period from your online
personal training clients and that you have put into action each step of the Train-me course as described in
the course.
15.2. It is up to you to show us how you have put into action the steps provided in the Train-me. We
will judge at our discretion if you have follwed the steps adequately.
15.3. Unless you provide reciepts for payments from each of your active online personal training clients
we will assume that you have recieved $250 USD per client per month when comparing your income with your
subscription costs.
15.4. Issuing of a refund made under the conditions of this guarantee is soley at our discretion.
16. General Provisions
16.1. Controlling Law and Jurisdiction. You agree that British law (without giving effect to its
conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute
arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive
jurisdiction and venue of the British courts. You acknowledge and agree that any violation of this Agreement
may cause Train-me.online irreparable harm, and therefore agree that PTrain-me.onlinen will be entitled to
seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary
injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition
to and without prejudice to any other rights or remedies that Train-me.online may have for a breach of this
Agreement.
16.2. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy
Statement, and any applicable payment, renewal, Additional Services terms, comprise the entire agreement
between you and Train-me.online regarding the use of this Service, superseding any prior agreements between
you and Train-me.online related to your use of this Site or Services (including, but not limited to, any
prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive
termination of your registration to the Service. The failure of PEAK to exercise or enforce any right or
provision of this Agreement does not constitute a waiver of such right or provision. If any provision of
this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to
the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal
or contractual effect.
17. Revision Date
This Agreement was last revised on 22 May 2020.