Terms Of Use

Trayn's products and services are provided by Trayn, Inc. These Terms of Use (the "Terms") govern your access to and use of Trayn's website and services (Trayn.com, the "Site"). Please read these Terms carefully, and contact us, if you have any questions and comments.

More simply put

Every company has its terms of use. This is ours

TRAYN, INC. (hereinafter "Trayn", "we", "us", or "our") offers this Site, including its content and site functionality to you, subject to and conditioned on your acceptance of the Terms of Use set forth below, as well as our Privacy Policy (collectively, this “Agreement”).

If you are entering into this Agreement on behalf of an entity, you hereby represent that you are an employee or agent of the entity and that you have authority to enter into this Agreement on such entity’s behalf.

NOTICE: BY REGISTERING FOR AND/OR ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT. Trayn may, in its sole discretion, revise this Agreement from time to time by updating these Terms of Use (this document) or the Privacy Policy, with the revised terms taking effect on the date of posting. Your continued use of the website after the posting of such revisions constitutes your acceptance of the revised version of this Agreement. You should review this Agreement every time you use Trayn.com, as this Agreement is a legal contract binding on you (or the entity that you represent).

IF YOU DO NOT INTEND TO ACCEPT THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE. Additional services identified on or available through Trayn may be subject to additional terms separate from this Agreement.

Services

More simply put

We offer services related to fitness, health and performance data, training plans and tests.

Subject to your compliance with this Agreement, we will provide you with services through the Site for the account type you select ("Service") including processing, storing, and analyzing fitness, health and performance data, training plans, exercises and drills, training logs, test templates, assessment and injury data, and any other content uploaded or entered into your account (collectively, "Content"). Please visit Trayn.com for additional information regarding our Services.

Accounts

More simply put

Different account types are for different services.

In order to use all aspects of the Site, you must create an account (“Account”) with Trayn through the online registration process. Trayn provides limited free accounts, limited paid accounts and full paid accounts.

Account registration; Account settings; Passwords
  1. Age Restrictions
    You may not create an Account unless you can form legally binding contracts in compliance with all applicable local, state, national, and international laws, rules and regulations, and only if you are 13 years of age or older.
  2. Your Account Information
    By submitting a registration form or creating a password on the Site, you represent to us that (a) you meet any age restrictions posted on the registration page(s) and (b) the information you have provided on your registration form ("Account Information") is true, accurate, current and complete. You will maintain and promptly update your Account Information using the functionality provided through the Site to keep it true, accurate, current and complete.
  3. Passwords
    You are responsible for maintaining the confidentiality of your Account password. You will be solely responsible for the activities of anyone accessing the Site using a password assigned to you, even if the individual is not, in fact authorized by you, and Trayn is not responsible for any loss that results from the unauthorized use of your username/password with or without your knowledge. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it, using the functionality provided on the applicable Site, and notify us at support@trayn.com.
  4. Permitted Uses
    Use of Accounts is limited to our subscribers’ and their authorized personnel’s use on behalf of the subscriber, and you may not exploit or use any aspect of our Site for any other commercial purpose without our prior written authorization.
  5. System Requirements
    In order to use Trayn, the system has to adhere to the system requirements described here.
Payment

More simply put

We offer competitive pricing, but cannot provide service without getting paid.

  1. Up-front Payment
    All prices for our Service are payable in full and upfront, before commencement of the Service. The prices for our Service are valid for a twelve (12) months subscription period and the subscription is automatically extended for the same period, if the User has not canceled the Services before the end of the subscription period.
  2. Payments are due on the first day of the subscription period. If the payment has not been received in full within thirty (30) days after the start of the subscription period, the Service will be terminated and data will be deleted from the servers.
  3. If a payment cannot be processed and the liability is not resolved within five (5) days, the Service will be terminated. This termination also includes withholding of the User’s data until all open payments have been successfully processed.
  4. Incidental bank charges are covered by the User.
  5. You acknowledge that your electronic submissions constitute an Agreement and an intent to be bound by and pay for such Agreements and transactions. Your Agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Site, including, for illustration purposes only, notices of cancellation, policies, contracts and applications.
  6. Note that any of the terms and conditions in this payment section may be varied in a written document agreed upon by Trayn.
Term; Termination

More simply put

If you don’t play by the rules, we can terminate your account.

  1. Term
    We will provide the Service to you for your Account until your Account is terminated by you or us. Any termination by you shall only be valid if your notice of termination is timely received by us either via US mail or via e-mail to the following address: 1225 Vienna Drive #15, Sunnyvale, CA 94089, USA. We will make efforts to pro-rate your fees based on your termination date and return any previously paid fees.
  2. Termination for Cause
    We reserve the right to disable your password and terminate your access to your Account if you fail to comply with this Agreement, including without limitation, failing to comply with the password restrictions or providing false Account Information. If we do so, we may also choose to delete your Account Information or remove Content you have posted or uploaded to the Site or your Account.
  3. Other Termination
    We have the right to cease providing the Service at any time. If we terminate the Service, we will endeavor to provide you with a pro rata refund for the remaining portion of the term of your Account.
The content of the Site is not medical advice

More simply put

we don’t provide medical advice and please check with your doctor.

THE CONTENT WE PROVIDE THROUGH THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE OUR CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.

THE CONTENT WE PROVIDE THROUGH THE SITE MAY PROMOTE PHYSICAL ACTIVITY. PLEASE CONSIDER THE RISKS INVOLVED AND CONSULT WITH YOUR MEDICAL PROFESSIONAL PRIOR TO ENGAGING IN ANY PHYSICAL ACTIVITY OR TRAINING REGIMEN. TRAYN IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES OF THE SITE.

Online privacy policy consent

More simply put

Make sure to read our policy on how we use your personal data.

By agreeing to this Agreement you also agree to comply with the terms of our Privacy Policy, which is expressly incorporated herein. Before using the Site, please carefully review our online Privacy Policy. All personal data provided to us as a result of your use of the Site will be handled in accordance with our online Privacy Policy. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Content

More simply put

you promise that you own all content you upload. we can remove objectionable content.

  1. User Content
    Current and anticipated features of the Site provide ways for our users to post, upload, transmit through or otherwise make available ("post") Content including text, images, illustrations, graphics, workout, fitness, health, performance, testing, injury, and other data, audio, video or audio-video clips, or other materials on or through the Site. The Content our users post is referred to as "User Content" in these Terms of Use. The Content that you post is referred to as "your Content" in these Terms of Use.
  2. Prohibited Content
    You may not post Content on or through the Site that:
    1. is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter;
    5. provides any telephone numbers, street addresses, last names or e-mail addresses of anyone except yourself;
    6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    7. violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    8. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming", or "spamming";
    9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    12. harvests, collects or uses addresses, phone numbers or e-mail addresses or other contact information of users of the Site;
    13. impersonates any person or entity, including any moderator or any of our representatives, falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site, or stating or implying that we endorse any statement you make;
    14. involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    15. involves transmitting, posting or making available via the Site any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
    16. reverse engineer, decompile, or disassemble any portion of the Site;
    17. includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of thirteen (13), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights;
    18. involves anything that could disable, overburden or impair the proper working of the Site, including any interference with the servers or networks used to make the Site available or any violation of the requirements, procedures, policies, or regulations of such networks; or
    19. assists any third party to engage in any activity prohibited in this Agreement.
  3. Responsibility for User Content
    You are responsible for all Content you post to your Account and the Site and for adjusting the Account settings that permit you to display your Content on the Site, where applicable. Posting Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to your Content. We will make reasonable efforts to prevent your Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your Content from being viewed or accessed by unintended third parties and we will not be liable for such disclosures. We are not responsible for and do not control User Content, and, therefore, we do not guarantee the accuracy, integrity or quality of any User Content. You understand that by using pages of the Site on which users may post User Content, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, settings viewing errors, or any loss or damage of any kind incurred as a result of the use of any User Content posted on or through the Site.
  4. Rejection/Removal of Your Content
    You acknowledge that we do not pre-screen User Content posted on the Site, but that we have the right (but not the obligation) in our sole discretion to edit, refuse, or remove any User Content or portion thereof that is available via the Site, in our sole discretion, for any reason. Without limiting the foregoing, we have the right to remove from the Site any User Content that violates this Agreement or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Site by any person, please contact us via e-mail at support@trayn.com.
  5. Ownership of Your Content
    We do not claim ownership rights in your Content. Subject to the non-exclusive license contained in the following paragraph, you own and will retain any and all intellectual property rights that you may have in your Content.
  6. License to Use Your Content
    By posting your Content on or through the Site, you hereby grant us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use and disclose your Content as set forth in our online Privacy Policy. You may contact us to request that your Content be removed from the Site. We cannot guarantee the complete deletion of your Content and copies thereof, especially on message boards, blogs or other community pages. Back-up or residual copies of any Content that we remove may remain on our servers after the Content has been removed from view, and we retain all rights granted in this paragraph to all such remaining copies.
  7. Your Warranties Regarding Your Content
    By posting your Content via the Site, you represent and warrant that (i) you own all right, title and interest in your Content, or otherwise have the right to grant the license set forth in preceding paragraph, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
Ownership of site and content

More simply put

We own our site and give you a right to use it. We have worked hard to develop our site so please use it as we intended.

  1. User Content
    As between you and us, we own and reserve all rights, title and interests in the Site, including all of the software and code that comprise and operate the Site, and all of the Content on the Site except User Content. The Site and the Content we and others provide are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of each Site is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of each Site.
  2. License to You
    We hereby grant you a limited, revocable, non-sublicensable license to download and print copies of any portion of the Content of the Site to which you have properly gained access for your personal use. You are not permitted to remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content (unless you posted the Content). The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots, scraping or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause.
  3. Restrictions
    You may not, and you may not permit others to, copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on the Site (except your Content) except as expressly provided in this Agreement without our prior written permission. Any use of the Site, including the Content of the Site (except your Content), other than as specifically authorized in this Agreement is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
Trayn copyright agent to receive notice of claimed copyright infringement

More simply put

Please let us know if you believe any copyright is infringed on our site.

  1. Claims of Copyright Infringement
    If you have reason to believe any part of the Content of the Site infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Site by any user who is alleged to have posted infringing materials or a link to infringing materials on the Site and to immediately remove or disable the allegedly infringing Content or link.
  2. Notice of Claim of Copyright Infringement
    If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (a) any Content displayed on the Site infringes your copyright or (b) any link posted on the Site links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity).
    Your notice must be in writing and must include the following:
    1. a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
    2. a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable Site; enough information to permit us to contact you, such as your name, address, telephone number and e-mail address;
    3. a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the "Copyright Owner"), an agent for the copyright owner, or by law;
    4. a statement that all of the information you have provided is accurate; and
    5. a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the Copyright Owner.
    6. Your notice must be signed (physically or electronically) and must be addressed to:
      Trayn, Inc., 1255 Vienna Drive #15, Sunnyvale, CA 94089, USA
      Attn: Philipp Pinter, President, e-mail: support@trayn.com
Trademarks

More simply put

Please don’t illegally use our trademarks.

Ownership of Trademarks. The trademarks and service marks used or displayed on the Site ("Trademarks") are registered and unregistered Trademarks of Trayn and its licensors or affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any Trademarks displayed on the Site without the prior express written permission of Trayn or the applicable trademark owner.

Your Feedback

More simply put

If you give us feedback, we may use such feedback without paying for it.

We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and Service we make available through the Site (collectively, "Feedback"). The Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Links to site

More simply put

You may link to our site, but please do it fairly.

We grant you permission to create hyperlinks to the homepage of public pages within the Site, provided that the hyperlink accurately describes the content as it appears on the applicable page of the Site. Under no circumstances may you "frame" the Site or any of its Content or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of pages. When a page of the Site is accessed from a link featured on your web site, each page within the Site must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the applicable page within the Site. If you wish to link to any Site other than as described herein, you must get written authorization from Trayn. Please contact support@trayn.com to inquire further.

Third party sites and content

More simply put

We are not responsible for third party content on our site.

  1. The Site may contain links to websites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Trayn makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or Service described thereon. Products, Service and content offered to or through linked websites are subject to the terms and conditions made available by those respective websites, and the data collection practices of linked websites will be governed by the respective privacy policies of those websites, not by ours.
  2. Trayn may also post or otherwise provide content of third parties (“Third Party Content”) as a service to those that might be interested in this information. Trayn does not guarantee, endorse or adopt the accuracy, completeness, legality, or innocuousness of any Third Party Content. Trayn is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.
  3. You agree that Trayn is not responsible for examining or evaluating the content or accuracy, and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Service of third parties. You agree to not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Trayn is in no way responsible for your use.
  4. Third Party Content may include, but may not be limited to, advertising targeted towards specific users or information received from third parties with your authorization.
Warranties; Disclaimer

More simply put

We try to meet your needs and correct any problems, but we cannot promise that everything will always be perfect.

  1. We will use commercially reasonable efforts to provide you the Service relating to your Account during the term of your Account in accordance with our current description of Service applicable to your Account. In the event of any breach of this warranty, please notify us at support@trayn.com. We will re-perform the Service as necessary to correct the problem provided that you notify us within thirty (30) days of the problem. The foregoing remedy will be your sole and exclusive remedy with respect to any failure of the Service to meet the warranty set forth herein.
  2. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, TRAYN HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, OUR CONTENT, AND ALL SOFTWARE, PRODUCTS OR SERVICE DESCRIBED ON OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY ACTION BY AN ATHLETE, COACH, SPONSOR OR ANY OTHER PARTY RELATING TO YOUR USE OF THE SITE. YOU WILL NOT ASSERT ANY CLAIMS THAT YOU MAY HAVE AGAINST AN ATHLETE, COACH, SPONSOR OR ANY OTHER PARTY AGAINST TRAYN.
  3. TRAYN MAKES NO WARRANTY: THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAYN OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. WE DO NOT WARRANT THAT THE SITE, SERVERS, CONTENT ON THE SITE, E-MAILS SENT FROM US, OR PRODUCTS OR SERVICE AVAILABLE ON THE SITE, IF ANY, WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS CONTAINED IN THIS SECTION 15 MAY NOT APPLY TO YOU.
Limitation of liability

More simply put

We don’t want to be sued or pay you more than you pay us.

  1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR PARENTS, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, SPONSORS, EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, 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 (EVEN IF TRAYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE AND THE SITE, OR OTHERWISE RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM ANY GOODS, CONTENT, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
  2. IN NO EVENT WILL OUR AGGREGATE LIABILITY UNDER THIS SECTION 16 EXCEED THE AMOUNT YOU PAID FOR YOUR ACCOUNT COVERING THE YEAR IMMEDIATELY PRECEDING THE CLAIM. THIS IS YOUR EXCLUSIVE REMEDY.
  3. These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use will apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Indemnity

More simply put

You will have to cover all claims and costs we suffer due to your use of the site.

You (including, but not limited to, any user who is an athlete, coach or administrative user) will indemnify and hold Trayn, and its parents, affiliates, shareholders, officers, directors, sponsors, employees, suppliers and contractors, harmless from any claim, liability, loss, expense or demand, including, without limitation, reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site (including any information, materials, products or Service available through the Site), your connection to the Site, your violation of this Agreement, or your violation of any rights of another.

United States only

More simply put

This site is only for users in the United States.

This Site is intended for use only by persons located within the United States. We make no representation that the Site or Content is appropriate for use in locations outside the United States. Any User Content will be stored and managed as provided in our online Privacy Policy and is subject to applicable United States laws and regulations. If you access the Site from outside the United States, you will comply with all local rules regarding your use of the Site.

Jurisdiction

More simply put

California law applies and the courts of san francisco will hear any disputes.

This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of law principles, and this Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in San Francisco, CA for any legal proceedings related to this Agreement.

Miscellaneous

More simply put

Our attorneys made us include these provisions to make this a real contract and you should review them.

  1. Notice
    We will send you notices via e-mail or regular mail. We may also display notices or links on the Site as described in this Agreement.
  2. Assignment
    You may not assign, delegate or otherwise transfer your Account or your obligations under this Agreement. Trayn will have the right, in its sole discretion, to transfer or assign all or any part of its rights under this Agreement and will have the right to delegate or use third party contractors to fulfill its duties and obligations under this Agreement.
  3. Severability
    If any clause or provision of this Agreement will be held by a court of competent jurisdiction to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, will nevertheless be and remain in full force and effect, and the parties will promptly substitute for the invalid provision a valid and binding provision resembling the invalid provision as closely as possible in intent and economic effect.
  4. Captions
    The captions of each Section and colloquial summaries under the section headings are added as a matter of convenience only and colloquial summaries will be considered of no effect in the construction of any provision of this Agreement.
  5. Attorneys' Fees
    If any party hereto will bring any suit or action against another for relief, declaratory or otherwise, arising out of this Agreement, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees.
  6. Survival
    Sections 15 through 17 and this Section 20 will survive the termination of this Agreement.
  7. Waiver
    Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof will not be deemed a waiver of such terms, covenants and conditions, nor will any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver will be valid unless in writing and signed by an authorized officer of Trayn.
  8. Entire Agreement
    This Agreement, including these Terms of Use (this document) and our Privacy Policy, constitute the entire agreement between you and Trayn and govern your use of the Site, superseding any prior agreements between you and Trayn with regard to your use of the Site.
  9. Limitation on Actions
    Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  10. Force Majeure
    Trayn will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, internet outages, communication outages, fire, flood, war, or earthquakes.