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Terms And Conditions
ETRAINERLIVE.COM TERMS & CONDITIONS Welcome to etrainerlive.com, your online source for fitness tracking, virtual training, and fitness information. Please take a moment to read the Terms & Conditions before enjoying & signing up on our site. Take your lifestyle & fitness to the next level. This Agreement (AGREEMENT) is by and between etrainerlive.com a subsidiary of Tysce (TYSCE) based in Markham, Canada and You (YOU). This AGREEMENT is made effective as of the date of electronic execution or with Your sign-up on etrainerlive.com. This AGREEMENT sets forth the terms and conditions of your use of etrainerliver.com (SYSTEM) and associated services (SERVICES) and sets forth agreed upon conduct by both parties. By purchasing memberships or services on etrainerlive.com, YOU acknowledge that YOU have read, understood, and agree to be bound by all terms and conditions of this AGREEMENT, as well as any new, different or additional terms, conditions or policies which etrainerlive.com may establish from time to time, and any agreements that etrainerlive.com is currently bound by or will be bound by in the future. Before you may become a member or sign-up for an account on etrainerlive.com, you must read and accept all of the terms and conditions in this AGREEMENT and the Privacy Policy. DEFINITIONS -SYSTEM - etrainerlive.com and associated features, functions, and SERVICES ELIGIBILITY In order to use the SYSTEM, you must register for a Personal, Personal Plus, or Trainer account/membership. YOU may only hold one Personal OR Personal Plus account/membership, and one Trainer membership. If you are under 18 years of age, you must have expressed parental permission in order to purchase, use, or access the SYSTEM. ACCURATE INFORMATION YOU agree to maintain accurate information by providing updates to etrainerlive.com as needed, for the duration of your use of etrainerlive.com. If you are a paid subscriber, it is imperative that you keep your billing information up to date, including billing address and expiration date of your credit card. Access your billing information within the Personal Profile of your account. CERTIFICATION SAFEGUARD Certifications will not be posted on a trainer profile page until they are verified by etrainerlive.com. The verification process requires trainers to fax a copy of the certification to Tysce headquarters for visual verification. Only upon receiving said evidence will the certifications be posted on the associated trainer's webpage. PRIVACY The Privacy Policy provides your rights and the responsibilities of TYSCE with regard to your personal information. TYSCE will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. View the privacy policy here LINK AUTHORIZED USE Upon sign-up, etrainerlive.com grants YOU a limited, non-exclusive, nontransferable license to access and use the features, functions and services offered by the SYTEM associated with your account/membership type; for the purposes that are intended, permitted and outlined. This license does not include any distribution rights or commercial use of this site or its contents. Any use of data mining, robots, or similar data gathering and extraction tools is expressly prohibited. Etrainerlive.com is a community, please help us to keep the SYSTEM working properly and safe. Please report problems, offensive content, and policy violations to us at support@tysce.com. You may not post or transmit via the SYSTEM any material which violates or infringes in any way upon the rights of others. This includes unlawful, embarrassing, harmful, threatening, abusive, defamatory, vulgar, obscene, profane, or otherwise objectionable conduct. False statements, inaccurate information, misrepresentation, and general deceitful, dishonest, fraudulent, or untrustworthy behaviour; illegal access to other computers or networks (i.e., hacking, bots, spider, periodic caching of information, or 'meta-searching'); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way is expressly prohibited on etrainerlive.com. From time to time, etrainerlive.com will monitor members performing transactions via the SYSTEM to ensure suitable usage complying with the terms set forth. You agree to comply with any applicable local, provincial/state, federal and international laws, government rules or requirements. YOU agree YOU will not be entitled to a refund of any fees paid to etrainerlive.com if, for any reason, etrainerlive.com takes corrective action with respect to your improper or illegal use of its Services. Etrainerlive.com retains the right to terminate any current or future use if we under our sole discretion think that YOU are creating problems, legal liabilities, or acting contrary to this AGREEMENT, the authorized use and our policies. YOU agree that we may also terminate, suspend, or limit our service, as well as any accounts/memberships YOU may have. We may also take technical and legal steps to keep users off the SYSTEM if misconduct persists. ACCOUNT SECURITY YOU are responsible for maintaining the confidentiality of your login and password. YOU agree YOU are entirely responsible for any and all activities that occur within your account. Only YOU may use your account/membership. Notify etrainerlive.com immediately upon any unauthorized use of YOUR account/membership or any other breach of security to support@tysce.com. Etrainerlive.com will not be liable for any loss that YOU may incur as a result of someone else using YOUR account/membership or information, either with or without YOUR knowledge. Etrainerlive.com disclaims liability for any activity in YOUR account, whether authorized by YOU or not. Moreover, YOU agree YOU cannot transfer your etrainerlive.com account/membership, anything associated, user ID or password to another party without our consent. SPAM/MASS E-MAIL - DAMAGING TRANSMISSIONS YOU agree etrainerlive.com may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. Moreover, YOU will not upload, post or otherwise transmit via the SYSTEM any note, message, program, video, picture, malicious software, or software designed to interrupt, destroy or limit the functionality of the SYSTEM or any related infrastructure. PRICES & INCREASES All prices displayed exclude taxes unless stated otherwise. YOU are responsible for any taxes that you are obligated to pay or that we collect from YOU. You are responsible for all other charges (for example, phone charges). Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do. If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price. If your service is on a period basis (monthly), with no specific time length, then we will tell you the date of any price change. PAYMENT - FEES - PAYPAL If YOU choose to sign-up for or use a paid service offered on etrainerlive.com YOU are subject to all sections below. YOU must be authorized to use the PAYMENT METHOD YOU choose. Upon sign-up for a membership, YOU will become licensed to use all the features, functions, services and privileges of being a member at etrainerlive.com; YOUR access to these enhanced tools will continue for the length of your monthly or yearly paid membership. The membership fee will be charged to the PAYMENT METHOD of your choice due upon sign-up. The charge will cover the initial membership fee. Charges due at each succeeding renewal will be only charged upon your consent. Renewal reminders will be sent to your account as necessary. If YOU choose to sign-up for a trainer membership, your account will be sent a monthly bill for services rendered & transaction fees incurred from YOUR use of etrainerlive.com. This charge will be automatically billed to your PAYMENT METHOD of choice. YOUR monthly billing date will be determined based on the date your signed-up for the SERVICES. This can be found in your billing information tab. To see a list of fees check our Fees Chart here. Please note; all purchases are processed in Canadian dollars. If for any reason etrainerlive.com is unable to charge YOUR PAYMENT METHOD for the full amount owed to etrainerlive.com, or if etrainerlie.com is charged a penalty for any fee it previously charged, YOU agree that etrainerlive.com may pursue all available remedies in order to obtain payment. You agree etrainerlive.com may immediately cancel without notice to YOU, services and access to the SYSTEM. Etrainerlive.com reserves the right to charge a reasonable administrative fee for tasks outside the extent of regular service. It is YOUR responsibility to ensure all payments are up to date. Etrainerlive.com may assess a late charge if you do not pay on time. The late charge will be 1% of the unpaid amount each month. You must pay these charges when billed. We may use a third party to collect past due payments. YOU must pay all reasonable costs incurred while collecting past due amounts. All fees unless otherwise stated are quoted in Canadian dollars (CAD) You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. PAYPAL PAYMENTS By using etrainerlive.com pay by PayPal, Inc. option YOU can purchase etrainerlive.com memberships & services using PayPal. In consideration for the memberships and services purchased by YOU and provided to YOU by etrainerlive.com, YOU agree to allow PayPal to debit the full amount of this transaction from YOUR PayPal account balance or the preferred funding source YOU established with PayPal, which is non-refundable. It is YOUR responsibility to keep Your PayPal Account current, and to have available funds in it. YOU agree that PayPal and etrainerlive.com will not be responsible for payments that fail to go through as a result of YOUR funding source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed, YOU agree that PayPal and etrainerlive.com may pursue all available remedies in order to obtain payment. PAYMENT METHODS Etrainerlive.com offers 'payment through paypal' or direct credit card payments on our secure website (supported via paypal merchant services) as our two primary avenues for payment. You may change your payment method at any time. If you tell us to stop using your payment method, we may cancel your service. YOUR notice to us will not affect charges we submit to your billing account before we reasonably could act on your request. TRIAL OFFERS You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service. TERM OF AGREEMENT In order to access and use the site and SYSTEM, YOU are responsible for obtaining access to the Internet and World Wide Web, and are responsible for paying the services fees associated as well as provide all equipment necessary. Those fees are in addition to the fees you pay us for SERVICES. From time to time etrainlive.com might provide links to other world wide web sites of resources. YOU acknowledge that neither etrainerlive.com or Tysce is responsible for and in now way warrants, guarantees, or endorses the accuracy, availability, or goods & services offered outside of our site. YOU agree we are not responsible or liable for any damages in regards to linked to sites. OWNERSHIP & WEBSITE TYSCE retains all title to, ownership of, and rights with respect to the SYSTEM; as well as, all copies, portions and modifications potentially made. All source code contained within the SYSTEM is intellectual property owned by TYSCE. You are not authorized to download or modify the SYSTEM in any manner. YOU agree to not alter or modify the SYSTEM in any manner. YOU agree YOU are not authorized to combine or integrate the SYSTEM with any other software program, create derivative works based upon the SYSTEM, or authorized to integrate any plug-in or enhancement which uses or relies upon the SYSTEM. Moreover, YOU agree not to reverse engineer, decompile or otherwise attempt to the source code. Etrainerlive.com makes no guarantee regarding the access and availability of the site and SYSTEM. Etrainerlive.com is not liable to YOU for any modifications to the SYSTEM. Etrainerlive.com reserves the right to review YOUR use of the SYSTEM and to cancel any services in its sole discretion should this Web Site be accessed or used by anyone under thirteen years of age. CANCELLATION YOU may cancel the service at any time, with or without cause. Cancellation of the service by you will not change your obligation to pay all charges made to your billing account. You will continue to enjoy all the benefits of your membership up until the end of your paid service even after cancellation. RESPECT COPYRIGHT Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner. LIMITATION OF LIABILITY YOU CANNOT RECOVER ANY DAMAGES, INCLUDING DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES. ETRAINERLIVE.COM SHALL HAVE NO LIABILITY FOR OR ANYTHING RELATED TO: - the service, content (including code) on third party Internet sites, third party programs or third party conduct, - viruses or other disabling features that affect your access to or use of the service, - incompatibility between the service and other services, software and hardware, - delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and - claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort. FURTHERMORE, ETRAINERLIVE.COM SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, ALTERATION, THEFT, OR DESTRUCTION OF INFORMATION CONTAINED ON THE SITE THROUGH ANY MEANS (INCLUDING, WRONGFUL, OR FRAUDULANT). ETRAINERLIVE.COM IS NOT LIABLE FOR ANY PURCHASE OR AGREEMENT YOU COME TO IN RELATION TO THE WEB SITE IN ANY MANNER. ALSO, WE ARE NOT LIABLE FOR ANY DAMAGES STEMMING DIRECTLY OR INDIRECTLY FROM PURCHASES MADE BY OR FOR YOU ON THE WEB SITE, EVEN IF TYSCE & ETRAINERLIVE.COM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF ETRAINERLIVE.COM TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND WILL IN NO EVENT EXCEED THE COST OF ONE MONTHS PAID MEMBERSHIP OR SERVICE AT ETRAINERLIVE.COM. Some provinces & states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages. DISCLAIMER - WARRANTIES - GUARANTEES ETRAINERLIVE.COM NO WARRANTIES, GUARANTEES OR CONDITIONS FOR INFORMATION, FEATURES, SERVICES, TRAINERS OR ANYTHING ELSE PROVIDED. ETRAINERLIVE.COM PROVIDES THIS SYSTEM "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTY OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINTEMENT. WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE. ETRAINERLIVE.COM, TYSCE & ALL ASSOCIATES & SERVICE PROVIDERS SHALL NOT BE HELD LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED AS A RESULT OF THE OPERATION (OR LACK THEROF) OF THE SYSTEM. CONTRACT IMPLICATIONS All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. SEVERABILITY In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this AGREEMENT shall be construed as if the invalid portion had not been inserted. Under this circumstance, we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. ASSIGNMENT We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. INDEMNIFICATION You agree to indemnify, defend, and hold harmless etrainerlive.com, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys fees, to the extent that such action is based upon a claim that: if true, would constitute a breach of any of YOUR representations, warranties, or agreements hereunder; and/or arises out of YOUR negligence, willful misconduct, or other breach of this AGREEMENT. GOVERNING LAW - ARBITRATION In the circumstance of any legal action, the laws of the Province of Ontario should be applicable and the jurisdiction for any such disputes will be Ontario. Furthermore, prior to the start of a lawsuit by either party relating to this AGREEMENT, both parties agree to arbitrate the matter according to the Arbitrations Act of Ontario. FORCE MAJEURE Certain technical difficulties and other factors outside of our control may, from time to time, result in temporary service interruptions. YOU agree not to hold etrainerlive.com liable for any of the consequences of such interruptions. NO THIRD PARTY BENEFICIARIES This AGREEMENT is not to intend or confer upon any third party any rights, obligations, remedies, or liabilities, either express of implied. RIGHT TO MODIFY TERMS You also acknowledge that etrainerlive.com & Tysce may, from time to time, and in its sole discretion modify this AGREEMENT. It is YOUR responsibility to keep up to date with any such revision or modifications each time you visit or use the SYSTEM. IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITE IN ANY WAY. YOU MUST EXIT THE WEB SITE IMMEDIATELY. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY. I ACKNOWLEDGE THAT I HAVE RECEIVED VALUABLE CONSIDERATION IN RELATION TO MY EXECUTION OF THIS AGREEMENT, WHICH I UNDERSTAND TO BE A PREREQUISITE TO MY RECEIPT OF SERVICES. FINALLY, I UNDERSTAND THAT THIS AGREEMENT SHALL BE OF FULL FORCE AND EFFECT AS TO ANY AND ALL SERVICES I RECEIVE FROM THE RELEASED PARTIES, WITHOUT REGARD TO THE DATE OR TIMING OF SUCH SERVICE. I CERTIFY THAT, IF I AM UNDER 18 YEARS OF AGE, I HAVE CAUSED MY LEGAL GUARDIAN TO EXECUTE THIS FORM ALONG WITH ME. CONTENT LISENCE When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. NO AGENCY No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. ACCEPTANCE OF THIS AGREEMENT This is the entire contract between you and us regarding your use of the SYSTEM and associated service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
I have read and agree with the terms and conditions.