|Terms & Conditions
|PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
EvoTrain LLC, ("EvoTrain") welcomes you to evotrain.com ("EvoTrain Site", or the "Site").
By using this Site, you agree to be bound by these Terms and Condition, whether or not you register as a member of EvoTrain.com. Accordingly, you should read these Terms and Conditions carefully. If you do not agree to all of these Terms and Conditions of use, do not use this Site. EvoTrain may revise and update these Terms and Conditions at any time. Your continued usage of the EvoTrain.com Site will mean you accept those changes.
You must be 18 years of age or older to use the EvoTrain Site.
1. Medical /Health/Weight Loss Disclaimer.
The fitness, nutrition and related information provided through this Site is intended only to assist you in your fitness efforts. EvoTrain is not a medical organization. We encourage and advise you to seek professional medical advice before beginning any fitness or nutrition effort or program. Neither our Trainers nor our other staff can provide you with medical advice or diagnosis. Nothing that you may read on this Site or that is otherwise provided to you by our trainers should be construed as such advice or diagnosis. Such information is not a substitute for physician consultation, evaluation, or treatment. This site is intended for use ONLY by healthy adult individuals. The Site is not intended for use by minors or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any fitness or nutrition effort or program.
There is no cost to register as a Member of our Site. However, if you do not register, you may be precluded from using certain features. You must register as a Member in order to subscribe to a fitness plan.
Some of our features, such as the ability to receive a customized fitness plan from a Trainer, and receive live training session from a trainer require you to pay a fee. You agree to pay the fee and any other charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when the charges were incurred. We use PayPal to process your credit card transactions. We will bill all charges to your credit card or PayPal account. Your fees will be billed at the beginning of your package purchases. All fees and charges are nonrefundable, except in instances where we are unable or unwilling to provide the requested services. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance.
4. Account Security.
You are responsible for maintaining the confidentiality of your email address and password that you designate during the registration process and you are fully responsible for all activities that occur under your user name and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
5. Limitations on Use.
We grant you a limited license to access and make personal use of the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the Site without express written consent. The Site including, without limitation, the content, Software, metadata, design, organization, compilation, look and feel, and all other protectable intellectual property available through the Site (Proprietary Materials) are our property or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by us. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Proprietary Materials received through the Site to anyone. You agree not to rearrange, modify or create derivative works using the Proprietary Materials. You agree not to create scrape or display our content for use on another web site or service.
6. Notice for Claims of Copyright Violations
If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:
1. a description of the copyrighted work that you believe has been infringed;
2. a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our web site.
3. your address, telephone number, and email address;
4. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please send the written communication to our Copyright Agent at the following address:
By mail: 2193 Commonwealth Ave #118, Brighton, MA 02135
Phone: (800) 939-1056
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.
7. User Generated Content.
We offer Members and Trainers the opportunity to comment on and engage in discussions and otherwise post content on our Site. Any and all information, data, text, photographs, graphics, video, messages, tags, or other materials that Members and Trainers submit in connection with any of the foregoing activities is referred to as "User Generated Content."
Members and Trainers are entirely responsible for all User Generated Content that they upload, post, email, transmit or otherwise make available via the Site. By posting User Generated Content on our Site, you automatically grant, and you represent and warrant that you have the right to grant, to EvoTrain, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify 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 sublicenses of the foregoing. You further represent and warrant that posting and use of your User Generated Content will not infringe or violate the rights of any third party. We retain the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any User Generated Content. Without limiting the foregoing, we retain the right to remove any User Generated Content that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, your use of any User Generated Content, including any reliance on the accuracy, completeness, or usefulness of such User Generated Content. We do not control the User Generated Content or guarantee the accuracy, integrity or quality of such User Generated Content regardless of who posted it. You understand that by using the Site you may be exposed to User Generated Content that is offensive, indecent, and/or objectionable. Under no circumstances will we be liable in any way for any User Generated Content, including, but not limited to, any errors or omissions in any User Generated Content, or any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, transmitted or otherwise made available via the Site. You acknowledge, consent and agree that we may access, preserve and disclose your account information and User Generated Content if required to do so by law or in a good faith belief that it is reasonably necessary to: (i) comply with legal process; (ii) enforce our Terms and Conditions (iii) respond to infringement or other claims; or (iv) protect our rights, property or personal safety of our users and the public.
The Site is for your personal, non-commercial use only, unless you are a Trainer and have entered into a written agreement to the contrary with EvoTrain. We reserve the right to terminate your Membership if you misuse the Site or violate these Terms or Conditions including, without limitation, the following rules of conduct:
You may not:
a. Upload, post, transmit to other Members by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Impersonate any person or entity, including another user or a representative, trainer or employee of EvoTrain LLC, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
d. Upload, post, email, transmit to other Members by any means, or otherwise make available any content or materials that you do not have a right to make available under any law or under contractual or fiduciary relationships;
e. Upload, post, email, transmit to other Members by any means, or otherwise make available any content or materials that infringe any patent, trademark ,trade secret, copyright or other proprietary rights of any party;
f. Upload, post, transmit to other Member by any means, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
g. Upload, post, email, transmit to other Members by any means, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. Interfere with or disrupt our servers or networks,
i. Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
j. "Stalk" or otherwise harass another; and/or
k. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including user names or passwords; or access or attempt to access another user's account without his or her consent; .
l. Post, disseminate, transmit or otherwise distribute your personal data or plan data on any website or through other digital, electronic or printed forum.
9. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
YOU USE THE SITE AT YOUR OWN RISK. WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE AND THE CONTENT AVAILABLE THROUGH THE SITE IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EVOTRAIN LLC, ITS SUBSIDIARIES, AFFILIATES, OWNERS, EMPLOYEES AND LICENSORS (COLLECTIVELY, "THE EVOTRAIN PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SITE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OFLIABILITY, EVEN IF ANY OF THE EVOTRAIN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF ALIMITED REMEDY. THE EVOTRAIN PARTIES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE. NONE OF THE EVOTRAIN PARTIES NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EVOTRAIN PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
10. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE EVOTRAIN PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS SITE OR ANY WEBSITES LINKED TO THIS SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; OR (F) ANY OTHER MATTER RELATING TO OUR SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
EvoTrain makes no representations or warranties as to the conduct of trainers or their compatibility with any current or future Members. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings between Trainers and Members of or any other persons you meet through this Site. You agree to take reasonable precautions in all interactions with Trainers and other Members, particularly if you decide to meet offline or in person.
You agree to defend, indemnify, and to hold harmless The EvoTrain Parties from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) resulting from or relating to your use of the Site or your inability to use the Site. Your agreement to defend, to indemnify, and to hold The EvoTrain Parties harmless applies whether a claim against The EvoTrain Parties is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Site caused damage to you or to any third party and/or your use and access to the Site. This indemnification section shall survive your termination of or cessation of use of the Site.
13. Third Party Web Sites, Site and Software.
We may link to, or promote web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those websites.
14. Governing Law and Choice of Forum
This Agreement contains the final and entire agreement between us regarding your use of the Site and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Site. We may discontinue or change the Site, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America applicable to contracts made entirely within Massachusetts and wholly performed in Massachusetts, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Boston, Massachusetts. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
15. Miscellaneous Terms
We may assign our rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
16. Promotions and Offers