TrautmanTraining.com Terms and Conditions of Use
Last Updated: November 12, 2020
TrautmanTraining.com and its affiliates, subsidiaries and parent companies (collectively, “TrautmanTraining.com”, “us”, “we” or “our”) are pleased to provide you with access to and use of our websites, applications, content, streaming services, products, goods, equipment, services, promotions, software, technology and any other materials (collectively, “TrautmanTraining.com Services”) that we may provide.
This is a binding agreement. By using this services provided in connection with the Site, you agree to abide by these Terms, as we may amend them from time to time in our sole discretion. No one under 13 is allowed to create an account or use the Services. By using the Services, you state that:
You can form a binding contract with Company — meaning that if you’re between 13 and 18, your parent or legal guardian has reviewed and agreed to these Terms; and
You will comply with these Terms and all applicable local, state, national and international laws, rules, and regulations.
Supplemental terms and conditions may apply to certain TrautmanTraining.com Services, such as rules for a particular event, contest, sweepstakes, competition, or activity, or terms that may accompany certain content, software or other materials accessible through the TrautmanTraining.com Services (“Supplemental Terms”). Any Supplemental Terms will be disclosed to you in connection with those other activities and will apply and govern specifically over such activities.
2. Changes to These Terms.
3. TrautmanTraining.com’s Intellectual Property; Limited License to TrautmanTraining.com Services.
You acknowledge and agree that the TrautmanTraining.com Instructional Material, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, service marks, proprietary or other rights arising therefrom are owned by TrautmanTraining.com or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain TrautmanTraining.com Services (such as our mobile applications) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of TrautmanTraining.com and its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with TrautmanTraining.com’s ownership of the TrautmanTraining.com Services, and that you gain no rights, title, or interest in or to any TrautmanTraining.com Services, except as stated in these Terms or any executed written agreement between you and TrautmanTraining.com. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of TrautmanTraining.com or any third party.
B. Limited License
For any TrautmanTraining.com Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific TrautmanTraining.com Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system or digital rights management technology used with any TrautmanTraining.com Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any TrautmanTraining.com Services to a human-readable form; (iii) remove identification, copyright or other proprietary notices in or on the TrautmanTraining.com Services; (iv) access or use any TrautmanTraining.com Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any TrautmanTraining.com Services or any part thereof, except as expressly authorized in these Terms or as part of the TrautmanTraining.com Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any TrautmanTraining.com Services or connected network, or interfere with any person or entityÃ¢â‚¬â„¢s use or enjoyment of any TrautmanTraining.com Services; (vii) access, monitor, or copy any element of the TrautmanTraining.com Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the TrautmanTraining.com Services, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any TrautmanTraining.com Service in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any TrautmanTraining.com Services, you represent and warrant that: (ix) your access to and use of the TrautmanTraining.com Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any TrautmanTraining.com Services and our websites.
D. Third Party Services and Content
Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the TrautmanTraining.com Services (Ã¢â‚¬Å“Third-Party ContentÃ¢â‚¬Â). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the TrautmanTraining.com Services. TrautmanTraining.com DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY TrautmanTraining.com SERVICE; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY as part of any Third-Party Content. UNDER NO CIRCUMSTANCES WILL TrautmanTraining.com BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON Third-Party CONTENT POSTED ON THE TrautmanTraining.com SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY in connection with the TrautmanTraining.com services.
E. App Providers
If you access any TrautmanTraining.com Service using an Apple iOS or other third party device, you acknowledge that each of those third party companies, such as Apple Inc. (each, Ã¢â‚¬Å“App ProviderÃ¢â‚¬Â), will not be responsible for any damages arising out of the failure of a TrautmanTraining.com Service to operate as intended.
When accessing any TrautmanTraining.com Services by or through an App Provider, you acknowledge and agree that: (i) these Terms are concluded between you and TrautmanTraining.com, and not with the App Provider, and that we are solely responsible for any TrautmanTraining.com Services (such as mobile applications), and not the App Provider; (ii) the App Provider has no obligation to furnish any maintenance and support services with respect to any TrautmanTraining.com Services; (iii) in the event of any failure of the TrautmanTraining.com Services to conform to any applicable warranty: (a) you may notify the App Provider and the App Provider will refund the purchase price for the TrautmanTraining.com Services to you (if applicable); (b) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the TrautmanTraining.com Services; and (c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (iv) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to any TrautmanTraining.com Services or your possession and use of the TrautmanTraining.com Services, including without limitation: (d) product liability claims; (e) any claim that the TrautmanTraining.com Service fails to conform to any applicable legal or regulatory requirement; and (f) claims arising under consumer protection or similar legislation; (v) in the event of any third party claim that the TrautmanTraining.com Service or your possession and use of the same infringes that third partyÃ¢â‚¬â„¢s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; (vi) the App Provider and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of the TrautmanTraining.com Services, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; and (vii) you must also comply with all applicable third party terms of service when using the TrautmanTraining.com Services. As also mentioned in these Terms, you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
F. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THE TrautmanTraining.com SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH AND WELLNESS CONTENT AND ADVICE, AND NUTRITIONAL ADVICE OR INFORMATION ARE PROVIDED Ã¢â‚¬Å“AS ISÃ¢â‚¬Â AND Ã¢â‚¬Å“AS AVAILABLEÃ¢â‚¬Â, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE TrautmanTraining.com SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE TrautmanTraining.com SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY TrautmanTraining.com SERVICES. YOU AGREE TO USE THE TrautmanTraining.com SERVICES AT YOUR SOLE RISK.
YOU WILL NOT HOLD TrautmanTraining.com OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE TrautmanTraining.com SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE TrautmanTraining.com SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.
4. Your Content and Account.
A. User Generated Content
You may not submit or upload User Generated Content that TrautmanTraining.com determines in its sole and absolute discretion is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our affiliates and subsidiaries, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneysÃ¢â‚¬â„¢ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the TrautmanTraining.com Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of TrautmanTraining.com, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by TrautmanTraining.com. You agree to comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any TrautmanTraining.com Services and our websites.
B. License to Your User Generated Content
We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the TrautmanTraining.com Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, or on our websites. We are not, however, obligated to use your User Generated Content.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a limited, non-transferable, non-exclusive license to create a derivative work using our copyrighted works as required for the sole purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
C. Public Forums
Certain TrautmanTraining.com Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same.
D. User Conduct
You must only use the TrautmanTraining.com Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any TrautmanTraining.com Services. In using any TrautmanTraining.com Services, and in particular, our websites, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:
copy, reproduce, or improperly use or access any content on our websites;
modify, distribute, or re-post any content on our websites for any purpose; or
use the content on our websites for any commercial exploitation whatsoever.
disrupt or interfere with the security of, or otherwise abuse, our websites, or any services, system resources, accounts, servers, or networks connected to or accessible through our websites or affiliated or linked sites;
access content, data or portions of our websites which are not intended for you, or log onto a server or account that you are not authorized to access;
attempt to probe, scan, or test the vulnerability of the TrautmanTraining.com Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
access any TrautmanTraining.com Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
interfere or attempt to interfere with the use of our websites or applications or the TrautmanTraining.com Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our websites;
harass, “stalk”Â, disrupt or interfere with any other user’s enjoyment of our websites or affiliated or linked sites;
upload, post, or otherwise transmit through or on our websites any viruses or other harmful, disruptive, or destructive files;
use, frame, or utilize framing techniques to enclose any TrautmanTraining.com trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without TrautmanTraining.com’s express written consent;
use meta tags or any other “hidden text” utilizing a TrautmanTraining.com name, trademark, or product name without TrautmanTraining.com’s express written consent;
deeplink to our websites without TrautmanTraining.com’s express written consent;
create or use a false identity on our websites, share your account information, or allow any person besides yourself to use your account to access our websites;
harvest or otherwise collect information about TrautmanTraining.com users, including email addresses and phone numbers;
download, Ã¢â‚¬Å“rip,Ã¢â‚¬Â or otherwise attempt to obtain unauthorized access to any TrautmanTraining.com Services, content or other materials; and
post any copyrighted material unless the copyright is owned by you.
E. Your Account; Passwords
Certain TrautmanTraining.com Services permit or require you to create an account (such as an TrautmanTraining.com All-Access Pass account) to enjoy instructional services and benefits that we provide. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another personÃ¢â‚¬â„¢s name or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for illegal conduct.
You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the TrautmanTraining.com Services. You agree not to use the account, username or password of any other account holder at any time. TrautmanTraining.com will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
F. Member Public Profiles
When you create an account with us (such as a Team TrautmanTraining.com account), you may be asked to provide certain personal information, such as your name and e-mail address. Some of this information may be publicly viewable by others, such as other TrautmanTraining.com members or account holders.
TrautmanTraining.com relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. TrautmanTraining.com does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.
You are solely responsible for your interactions with other members. You acknowledge and agree that TrautmanTraining.com does not (i) screen its members; (ii) inquire into the backgrounds of its members; or (iii) review or verify the statements of its members, including without limitation, information or representations contained in public profiles. TrautmanTraining.com does not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and you agree to exercise all precautions in your interactions with other members. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.
5. TrautmanTraining.com’s Products/Services; Websites; Orders.
A. Product and Service Descriptions, Price and Other Information
We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on our websites are correct and fairly described. However, when ordering products or services through our websites, please note that:
TrautmanTraining.com reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
TrautmanTraining.com reserves the right to refuse or discontinue the supply of any product or service to any customer, or change, suspend or discontinue any aspect of our websites at any time in our sole and absolute discretion;
all prices are displayed in United States Dollars unless expressly indicated otherwise;
packaging and contents may vary from that shown on our websites;
any weights, dimensions, and capacities shown on our websites are approximate only;
when you place an order, we estimate the tax applicable to your order and include that estimate in the total for your convenience (the final tax amount will be based on the then-current rate as established by the taxing authority, charged to your payment card, and reflected in the order confirmation and package invoice we provide to you); and
all items are subject to availability and we will inform you as soon as reasonably possible if any product or service you ordered is not available and whether we may offer you an alternative of equal or higher quality and value.
Please also note that we may be required to change the terms of any products, goods or services that we offer and/or you purchase. This includes without limitation changes to prices, taxes, shipping and handling amounts, specifications, delivery times, and/or package contents. We will provide you with prior notice of any changes, by posting a notice on our websites, sending an e-mail to you at the address you provided at the time of purchase, or by including a notice in any products you receive access to on an automatic recurring or subscription basis. TrautmanTraining.com will not incur any obligation as a result of such change. As a valued customer, you are always free to cancel future orders at any time by calling our friendly Customer Service at (877)326-2301. By continuing to accept products, goods and/or services after we have notified you of a change to any terms, you will be deemed to have accepted the change.
B. Order Processing and Fulfillment
In the interest of maintaining integrity for a variety of reasons, we reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will of course refund your payment.
C. Your Personal and Payment Information
TrautmanTraining.com seeks to always provide the highest quality of service and best experience possible to you, our student. In order to do this, we require accurate and up-to-date information from you, When you provide any information to us for any reason, such as to sign up for an offer, register as a user on TrautmanTraining.com, or purchase our TrautmanTraining.com Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service at (877) 326-2301. To help keep your account current and prevent service interruption, you acknowledge TrautmanTraining.com may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order on our websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
D. Subscription Based Products
TrautmanTraining.com offers a sizable library of instructional videos on subscription membership basis (also known as All Access Pass), so you can enjoy all the benefits of our products or services on a continuous basis. When you choose either the monthly or annual billing option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the Monthly, Semi-Annual, or yearly All-Access Pass options, you acknowledge and agree your subscription will automatically renew, and unless you cancel, you authorize us to charge your payment card for the products/services you purchased as well as any applicable taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Your automatic subscription will continue until you or TrautmanTraining.com cancel your order. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change. You may modify or cancel your subscription at any time by calling our Customer Service at (877)326-2301. Any modifications or cancellation of your subscription must be received by us at least three (3) days prior to the next scheduled payment/ship date in order to take effect for that period. If you cancel less than three (3) days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.
E. TrautmanTraining.com Online Dance Courses
If you are an active, paid subscriber of TrautmanTraining.com Online Dance Courses, you will be able to stream a variety of TrautmanTraining.com instructional programs and gain access to related program materials, such as forums, instructor notes, and more. No physical goods are shipped as a result of purchases made on or through TrautmanTraining.com Online Dance Courses, unless otherwise stated. If you cancel your membership, you will no longer have access to any TrautmanTraining.com content through TrautmanTraining.com Online Courses. However, if you choose to renew your membership at a later time, all of your content will be available for use.
F. TrautmanTraining.com’s Reservation of Rights
TrautmanTraining.com reserves the right to suspend or terminate your interaction with any TrautmanTraining.com Services for any or no reason in its sole and absolute discretion, including your access, use or purchase of any products, goods or services that we provide. If you are accessing, using and/or purchasing any TrautmanTraining.com Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.
6. Assumption of Risk Related to Our Instruction Content
You expressly acknowledge and agree that your access, use and/or involvement with any TrautmanTraining.com Services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, loss of services, loss of consortium, or damage to or loss of property or privacy. Although TrautmanTraining.com provides its products and services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any TrautmanTraining.com Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless TrautmanTraining.com from and against all claims, suits, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any TrautmanTraining.com Services.
Counterfeit products hurt us all. While it causes immeasurable harm on a global basis, such as funding terrorism and organized crime, causing identity theft, and contributing to lost business and jobsÃ¢â‚¬â€it also significantly harms companies, governments, and consumers. TrautmanTraining.com is a victim of this problem and suffers from the illegal stealing, manufacturing, importing and selling of counterfeit TrautmanTraining.com products. Although we are waging the war against counterfeit products, we need your help! If you ever learn of any counterfeit activity, please let us know by sending an email to support@TrautmanTraining.com.
8. Copyright Policy.
It is TrautmanTraining.com’s policy to respect the copyright and other intellectual property rights of others. TrautmanTraining.com may remove content from its websites or other properties that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, TrautmanTraining.com may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, TrautmanTraining.com complies with the Digital Millennium Copyright Act.
If you believe that content available on or through the online TrautmanTraining.com Services, or accessible via links posted on online TrautmanTraining.com Services, infringes your copyright, you or your authorized agent may submit a notification to us, as set forth in this policy. Please send a notification including all of the information described below (“Notification”) to our copyright agent by mail or e-mail using the contact information provided below.
Please be aware that you may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on the online TrautmanTraining.com Services infringes your copyright, you should contact an attorney prior to submitting a Notification.
A Notification must include the following to be considered:
- Identification of the copyright claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (preferably a link to the material).
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.
- The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please direct Notifications via email to: support@TrautmanTraining.com, or by mail to:
1340 Wisconsin Ave
Palm Harbor, FL 34684
Attn.: Chief Legal Officer
Upon receipt of a substantially compliant Notification regarding an alleged copyright violation, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. We will also terminate in appropriate circumstances users who are repeat infringers.
Piracy and Intellectual Property Theft also falls under Copyright Infringement. Counterfeit products hurt us all. While it causes immeasurable harm on a global basisÃ¢â‚¬â€such as funding terrorism and organized crime, causing identity theft, and contributing to lost business and jobsÃ¢â‚¬â€it also significantly harms companies, governments, and consumers. TrautmanTraining.com is a victim of this problem and suffers from the illegal stealing, manufacturing, importing and selling of counterfeit TrautmanTraining.com products. Although we are waging the war against counterfeit products, we need your help! If you ever learn of any counterfeit activity, please let us know by sending an email to support@TrautmanTraining.com.
9. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
The terms of this Section shall apply to all Disputes between you and TrautmanTraining.com. For the purposes of this Section, Ã¢â‚¬Å“DisputeÃ¢â‚¬Â shall mean any dispute, claim, or action between you and TrautmanTraining.com arising under or relating to any TrautmanTraining.com Services, TrautmanTraining.comÃ¢â‚¬â„¢s websites, these Terms, or any other transaction involving you and TrautmanTraining.com, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND TrautmanTraining.com AGREE THAT Ã¢â‚¬Å“DISPUTEÃ¢â‚¬Â AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR TrautmanTraining.com FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
B. Binding Arbitration
You and TrautmanTraining.com further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. Ã‚Â§1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO OR ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE OR NON-PERFORMANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT.
C. Small Claims Court
Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that courtÃ¢â‚¬â„¢s jurisdiction and is pending only in that court.
D. Dispute Notice
In the event of a Dispute, you or TrautmanTraining.com must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the Ã¢â‚¬Å“Dispute NoticeÃ¢â‚¬Â). The Dispute Notice to TrautmanTraining.com must be addressed to: TrautmanTraining.com, 1340 Wisconsin Ave, Palm Harbor, FL 34684, U.S.A., Attn.: Chief Legal Officer (the Ã¢â‚¬Å“TrautmanTraining.com Notice AddressÃ¢â‚¬Â). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If TrautmanTraining.com and you do not reach an agreement to resolve the Dispute within ninety (90) days after the Dispute Notice is received, you or TrautmanTraining.com may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
E. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
YOU AND TrautmanTraining.com AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTYÃ¢â‚¬â„¢S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND TrautmanTraining.com AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
F. Arbitration Procedure
Should good faith negotiations fail, either party may elect to resolve dispute though binding non-appearance-based arbitration under the Commercial Rules of Arbitration of the American Arbitration Association conducted in San Francisco, California. The Arbitrator and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO OR ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE OR NON-PERFORMANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT.
G. Hearing Format
In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by TrautmanTraining.com or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TrautmanTraining.com is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
H. Arbitration Fees
You shall pay, or (if applicable) reimburse TrautmanTraining.com for, all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or TrautmanTraining.com) pursuant to provisions of these Terms.
You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to TrautmanTraining.com within thirty (30) days of your assent to these Terms (including the purchase of any TrautmanTraining.com Service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide notice prior to arbitration.
J. Amendments to this Section
Notwithstanding any provision in these Terms to the contrary, you and TrautmanTraining.com agree that if TrautmanTraining.com makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to TrautmanTraining.comÃ¢â‚¬â„¢s address) in these Terms, TrautmanTraining.com will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
L. Exclusive Venue for Other Controversies
TrautmanTraining.com and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Pinellas County, FL, or the United States District Court for the Central District of Florida, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
M. Cause of Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
10. Indemnification; Limitation of Liability.
You agree to indemnify and hold TrautmanTraining.com, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your improper use of any TrautmanTraining.com Services, your violation of these Terms, or your violation of any rights of a third party.
B. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TrautmanTraining.com OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO TrautmanTraining.com OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY TrautmanTraining.com SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF TrautmanTraining.com AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO TrautmanTraining.com FOR ANY TrautmanTraining.com SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TrautmanTraining.com AND YOU. THE TrautmanTraining.com SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. TrautmanTraining.com WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
A. Governing Law
You agree that the laws of the state of Florida, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any Dispute between you and TrautmanTraining.com. As the TrautmanTraining.com Services are controlled by TrautmanTraining.com from Florida, Florida law will apply regardless of your residence or the location where you use TrautmanTraining.com Services.
B. Submissions and Unsolicited Ideas Policies
TrautmanTraining.com is constantly developing new products, from instruction, to dance, to online applications, and more. Although we typically develop programs internally, we understand some people may be interested in submitting their ideas for possible development and marketing within the TrautmanTraining.com business model. Please note only those programs, products and ideas which promise to uphold, if not improve, on our standards and reputation for premium and innovative products may be considered for our brand portfolio. Since we are constantly working on dozens of new projects at any one time, and also provided with many overlapping ideas by individuals outside TrautmanTraining.com, we cannot sign non-disclosure agreements to review any submissions or for follow up conversations, or promise that any ideas or products you submit are not already being developed by us. In connection with anything you submit to us Ã¢â‚¬â€œ whether or not solicited by us Ã¢â‚¬â€œ you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. If you agree with these Terms and believe your new product, program or idea will fit within our exclusive brand portfolio, you may send your ideas, product samples, training videos, or program demonstration submissions by contacting us at support@TrautmanTraining.com.
C. International Users
Our websites are controlled, operated, and administered by TrautmanTraining.com from its offices within the United States of America. TrautmanTraining.com makes no representation or warranty that the materials contained within our websites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the websites are illegal is prohibited. You may not use the websites or export the content or products in violation of U.S. export laws and regulations. If you access our websites from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.
All notices required or permitted to be given under these Terms must be in writing. TrautmanTraining.com may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH TrautmanTraining.com IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY TrautmanTraining.com OF AN EMAIL TO THAT ADDRESS. You shall give any notice to TrautmanTraining.com by means of U.S. mail, postage prepaid, to TrautmanTraining.com, 1340 Wisconsin Ave, Palm Harbor, FL 34684, Attn: Legal Department. Such notice to TrautmanTraining.com shall be effective upon receipt of notice by TrautmanTraining.com.
If any provision of these Terms (except for Section 9), or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof.
Notwithstanding anything to the contrary in these Terms, TrautmanTraining.com reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any TrautmanTraining.com Services, including to block or prevent your access and use of any of our websites. You agree that TrautmanTraining.com shall not be liable for any termination of your access and/or use of our websites.
G. No Third Party Beneficiaries
Except as set forth in these Terms, only you and TrautmanTraining.com may enforce these Terms; no third party shall be entitled to enforce these Terms.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by the Chief Legal Officer of TrautmanTraining.com in order to be effective.
TrautmanTraining.com may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.
K. Amendments; Entire Agreement
These Terms may not be amended unless in a signed writing by an executive (Vice President or above in title) of TrautmanTraining.com. These Terms constitute the final, exclusive and complete agreement between you and TrautmanTraining.com regarding the subject matter hereof and supersede all agreements, communications and course of dealings between you and TrautmanTraining.com.
It is the express intent of the parties that these Terms and all related documents have been written in English.