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TOS

Application and Website Terms of Service and Conditions of Use

YOU HAVE CHOSEN TO ACCESS (INCLUDING VIA A WEB BROWSER) AND USE THE ETRAINX APPLICATION (THE “APPLICATION”). ALL USERS OF THE APPLICATION ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”). PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY WILL APPLY TO YOUR ACCESS TO AND USE OF THE APPLICATION, AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ETRAINX, LLC (“ETRAINX”). TO ACCESS AND USE THE APPLICATION YOU MUST FIRST ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU WILL NOT HAVE THE RIGHT AND WILL NOT BE ABLE TO USE THE APPLICATION. YOUR RIGHTS AND OBLIGATIONS UNDER THESE TERMS OF USE WILL ALSO APPLY AND REMAIN IN EFFECT WITH RESPECT TO ANY ASSIGNEE OR SUCCESSOR OF ETRAINX. ETRAINX MAY REVISE AND UPDATE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE BY POSTING THE AMENDED TERMS TO THE APPLICATION. YOUR CONTINUED USE OF THE APPLICATION MEANS THAT YOU ACCEPT AND AGREE TO THE REVISED TERMS OF USE. IF YOU DISAGREE WITH THE TERMS OF USE (AS MAY BE AMENDED FROM TIME TO TIME) OR ARE DISSATISFIED WITH THE APPLICATION YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION. THE MOST CURRENT VERSION OF THESE TERMS OF USE, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED WITHIN THE APPLICATION.

The Application

The Application is a software tool developed and owned by Etrainx, and is an online Trainer Athlete Platform that matches Sport, Skill, Location and Budget for Athletes seeking training services. Etrainx is not a party to any transaction entered into or solicited by trainers and agreed to by athletes.

Your Responsibilities

All trainers are self-employed independent contractors and have no employment agreement and no employee association with Etrainx. All users are expected to be responsible when using the Application, inclusive of all communications and content posted to the Application, including written exchanges, spam, pictures and video content. All athletes are required to be prudent and perform the appropriate due diligence in order to ensure the safety and legality of all transactions particularly those entered into on behalf of minors.  Users of the Application agree to protect personal information from unauthorized breach, inclusive of information required of payment processing systems.  All transactions are required to be processed through the Application. Any attempt to solicit off-line transactions may result in the termination of service and disablement of access from the Application with no written or verbal notice, all at the discretion of Etrainx.

Intellectual Property Rights

The Application is protected by copyright and other intellectual property laws, and all intellectual property rights in and to the Application, including, without limitation, the Etrainx logo, and all related trademarks, service marks or other designations of origin used in or in connection with the Application (collectively, “Trademarks”), are the property of Etrainx or of Etrainx’s licensors. Further, all intellectual property rights, including, without limitation, all copyrights, in and to the materials and content provided by Etrainx in or through the Application (collectively, the “Content”) are the property of Etrainx or of Etrainx’s licensors. Etrainx or its licensors retain all right, title and interest in and to the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Etrainx.

Disclaimer

The actual provision, operation and quality of certain services that may be made available via the Application will be the sole and exclusive responsibility of athletes and / or trainers or selected third parties. For example, a trainer will be solely and exclusively responsible for providing any required or requested assistance, or answering any questions an athlete may have made through the Application. Etrainx has no responsibility, and will bear no liability, for the actual provision, operation or quality, including without limitation, response time, of any such services provided by trainers via any Application features. Further, Etrainx will not be responsible, or bear any liability, for any acts or omissions of any trainer or athlete that uses the Application or provides any related services, including, without limitation, any response, failure to respond, or advice or counsel provided by, such third party. The Application serves only as a tool to enable trainers to provide services to athletes.

The materials on the Application are provided “as is.” The ability to effectively use certain Application features will depend on various technical factors that are not within Etrainx’s control and for which Etrainx has no responsibility and will bear no liability. Such factors include, without limitation, the availability and quality of third party network services, Internet connectivity and reception and the quality and features of any equipment, such as cameras, mobile phones or tablets, which you employ to access and use the Application and Application features.

Limitations

In no event shall Etrainx or its suppliers be liable for any damages including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use or inability to use the materials or the Application, even if Etrainx or an Etrainx authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Etrainx hereby grants you a personal, limited, non-exclusive, non-transferable license to access and use the Application. You agree that you will not, and will not allow any third party to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application, unless otherwise expressly permitted by Etrainx in writing; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the Application; (iii) remove, obscure, or alter the Etrainx’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application. (iv) use the Application to access, copy, transfer, transcode or re-transmit any content in violation of any law or third party rights, or other than as expressly permitted under these Terms of Use; (v) use the Application to create false information about a person, disseminate false information, make defamatory statements or otherwise harass or violate the rights of any person; (vi) use the Application to transmit any sexually explicit images; or (vi) use the Application for any purpose other than its intended, legitimate purpose. You are solely responsible for the content of any content you create using the Application. There may be limitations on the number or kinds of devices on which you may use the Application.

Revisions and Errata

The materials appearing on the Application could include technical, typographical, or photographic errors. Etrainx does not warrant that any of the materials on its web site are accurate, complete, or current. Etrainx may make changes to the materials contained on the Application at any time without notice. Etrainx does not, however, make any commitment to update the materials.

Identify Verification

Trainer and Athlete verification and validation via online services is challenging and Etrainx assumes no responsibility for false profile creations and solicitations made or offered through fictitious profiles.

Platform and Payment Processing Fees

Trainers agree to compensate Etrainx for a negotiated percentage of all services offered through platform. Etrainx reserves the right to modify agreements based on site maintenance fees, storage cost, technical support or any other related unforeseen costs associated with site management.

Trainers agree to absorb credit card or other third party payment processing fees at prevailing market rates and agree to have these fees immediately debited from each transaction and credited to Etrainx.

Trainers are responsible for reporting all income generated and must follow all applicable local, state and federal tax laws.

Social Media Postings

Etrainx allows trainers and athletes to post content and services through a variety of social media outlets and forums. Any and all information posted through the Etrainx site is available for social media display and is not the responsibility of Etrainx and Etrainx claims no responsibility to such dissemination of materials by either trainers or athletes.

Ratings and Reviews

Trainer performance will be rated and reviewed by athletes. Etrainx has no such influence on ratings but does reserve the right to settle disputes at its discretion that arise from Trainers and Athletes including but not limited to removing posts that are deemed improper or harmful. These ratings are not to include any profanity or other language deemed to be harmful to the personal integrity and or professional behavior of a trainer other than what is deemed factual as it related to performance.

Unsolicited Feedback and Suggestions

Trainers and Athletes will often make suggestions and provide feedback for improvements to the site as it relates to functionality and user experience. Etrainx has the intellectual property rights to any such recommendations, suggestions, feedback or any similar correspondence it opts to use and implement into the platform.  Etrainx will not compensate any Trainer, Athlete or third party for suggestions and is under no obligation to do so.

Termination or Restriction of Access

Etrainx reserves the right, in its sole discretion, to terminate your access and/or license to the Application. Your right to access and use the Application is effective until terminated by you or by Etrainx, which may be done at any time. Upon termination, you shall cease to use the Application in its entirety. Etrainx may terminate your rights to access or use the Application without any refund obligation or other liability, if you fail to comply with these Terms of Use.

LIMITATION OF LIABILITY

IN NO EVENT WILL ETRAINX, OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD PARTY VENDORS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SUCH DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOST PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE APPLICATION, THE CONTENT OR RELATED SERVICES, SUSTAINED BY ANY PERSON OR ENTITY, WHETHER OR NOT THERE IS NEGLIGENCE BY ETRAINX AND WHETHER OR NOT ETRAINX HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ETRAINX, OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD PARTY VENDORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO THE RESPECTIVE PARTY FOR THE APPLICATION.

14. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Etrainx and its respective directors, officers, employees, agents, contractors and third party vendors (collectively, “Indemnified Parties”), from any loss, claim, liability, damage, judgment, award, cost or expense (including attorneys’ fees) of any kind incurred or sustained by them in any action, suit, claim or proceeding of any kind brought by any person or private, public or governmental entity or agency, related to or arising or resulting from: (i) any breach of by you of your obligations under these Terms of Use; or (ii) your use of the Application, which shall be at your own risk.

15. Arbitration

All disputes or claims that cannot be resolved will be bound through binding arbitration in the State of New Jersey, County of Monmouth, by all parties who agree to terms and conditions herein with no exceptions. Any and all disputes are required to be conducted on an individual bases and no class action or consolidated representations are allowed under the terms and agreements agreed to herein.

16. Links

Etrainx has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Etrainx of the site. Use of any such linked web site is at the user’s own risk.

17. Amendments

Etrainx may revise these terms of use for the Application at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

18. Governing Law

Any claim relating to Etrainx’s web site shall be governed by the laws of the State of New Jersey, County of Monmouth, without regard to its conflict of law provisions.

19. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

All user names and password are confidential and should not be shared or disclosed to any third party. It is reliant upon any member using the platform to change applicable User Names and Passwords if there is a belief they have been compromised.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will only retain personal information as long as necessary for the fulfillment of those purposes.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.