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TERMS OF SERVICE AGREEMENT
PLEASE READ AND REVIEW CAREFULLY BEFORE USING THE SITE
Welcome to Training Room Education. Training Room Education is provided by Training Room Education LLC, an Ohio limited liability company (“TRE”).
Your use and access of trainingroomeducation.com and all TRE services and products (collectively, the “Site”) is governed by this Terms of Service Agreement (“Agreement”). Your use of the Site creates a binding legal agreement between you and TRE. By using the Site, you agree to this Agreement. If you do not agree to this Agreement, do not use or access the Site.
TRE PROVIDES THE SITE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. YOU SHOULD CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS DESCRIBED IN THIS AGREEMENT BEFORE USING THE SITE. BY CLICKING THE “ACCEPT” BUTTON, AND/OR BY ACCESSING OR USING THE SITE, YOU (A) ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT; AND (B) REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE OR ACCESS THE SITE.
(a) Generally. Fees and any other charges for the use of the Site and the courses and products available on the Site are as described on the Site and in United States Dollars. You state that if you are purchasing something from TRE that (i) payment for any purchase is due at the time of ordering; (ii) any credit and billing information you supply is true and complete; (iii) charges incurred by you will be honored by your credit card; (iv) you will pay the charges incurred by you at the posted prices, including any applicable taxes; (v) all purchases are in United States Dollars; and (vi) you are entitled to use the payment details that you provide.
(b) Refunds. Fees and any other charges for the use of the Site and the courses and products available on the Site are disclosed before registration. Refund requests submitted before a course is accessed by you may be granted by TRE in its discretion. Once you have accessed a course or product, TRE shall not issue any type of refund unless otherwise required by law. To request a refund of a course or product, please email trainingroomeducation@gmail.com. If TRE grants a refund, TRE, in its sole discretion, may determine how a refund shall be issued, including but not limited to issuing a refund to your credit card, mailing of a written check, or issuing you a credit for a future course or product, less any processing or credit card fees incurred by TRE arising from either your original payment, if any. In the event TRE issues a written check for a refund, TRE shall not be liable or responsible for any delivery issues with the written check or in the event you provide inaccurate information (e.g. an inaccurate mailing address) relating to the refund request.
(a) Illegal Use. You are strictly prohibited from using, promoting, or facilitating the Site for any illegal, harmful, fraudulent, infringing, or offensive use, or transmitting, storing, displaying, distributing, or otherwise making available content that is illegal, harmful, fraudulent, infringing, or offensive. You will not make any network connection to any users, hosts, or networks, unless you have express written permission to communicate with them.
(b) Transfer. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, including but not limited to all Site Content, services, or products, is hereby expressly prohibited.
(c) Scrapping and Interference. Monitoring or crawling of the Site in any form is strictly prohibited. You will not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic devices, programs, algorithms, or methodologies, or any similar or equivalent manual process to (i) access, acquire, copy, or monitor any portion of the Site; (ii) reproduce or circumvent the navigational structure or presentation of the Site; or (iii) obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Site. You will not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You will not reverse look-up or seek to trace any information on any other user of or visitor to the Site. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or TRE’s systems or networks, or any systems or networks connected to the Site. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, or with any other person’s use of the Site. You may link to the Site, provided you do so in a way that is fair and legal and does not damage TRE’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on TRE’s part without TRE’s express written consent. You will not use any trademarks, logos, and designs of TRE, without the express written agreement of TRE. You will not modify, merge, decompile, disassemble, translate, decode, or reverse engineer any portion of the Site.
(d) Unsolicited Spam and Messaging. You will not use the Site to send or generate unsolicited commercial email or bulk messages (spam). You will not use the Site to promote products or services, other than as approved by TRE.
(e) Content. You will not post, submit, or upload any content to the Site that TRE, in its sole discretion, deems to:
(i) be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; or
(ii) promote any sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
(f) Alterations. You will not modify the Site Content, nor remove any copyright or other proprietary notations from the Site Content.
(a) Disclaimer of Warranties. The Site IS provided by TRE on an “AS IS” and “AS AVAILABLE” basis. TRE makes no representations or warranties of any kinds, express or implied, as to the operation, THE CONTENT ON THE SITE, or availability of the site. all information and site content on the site ARE subject to change without notice. TRE disclaims all warranties, express or impled, including any warranties of accuracy, non-infringement, merchantabilty, and fitness for a particular purpose. TRE disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the site. TRE IS NOT RESPONSIBLE for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action. you assume total responsibility for your use of the site. your remedy against TRE for DISSATISFACTION with the site or any site content is to stop using the site or any site content. IN THE EVENT YOU PAID ANY FEES TO TRE, TRE’S MAXIMUM liability under THIS AGREEMENT WILL be LIMITED TO the fees paid to TRE hereunder FOR the SIX (6) MONTHS PRECEEDING ThE EVENT IN which YOUR CLAIM FIRST AROSE, and in no event will TRE’S liability for any reason exceed such AMOUNT.
(b) Compliance. TRE DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SITE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. The SITE CONTENT IS intended solely for YOUR general information. The SITE CONTENT is not intended to diagnose health problems or create care plans, or to take the place of professional care. The SITE CONTENT is neither intended to dictate what constitutes reasonable, appropriate, or best care for any given health issue or care plan, nor is it intended to be used as a substitute for the independent judgment of a physical therapist, athletic trainer, strength coach, performance coach, sports scientist, or other professional, for any given health issue or care plan. TO THE EXTENT YOU IMPLEMENT ANY INFORMATION LEARNED FROM THE SITE, ANY SITE CONTENT, OR ANY AFFILIATE LINKS ON THE SITE, YOU ACKNOWLEDGE THAT YOU DO SO IN YOUR OWN, INDEPENDENT, PROFESSIONAL judgment. YOU assume all responsibility and risk for the IMPLEMENTATION OF ANY INFORMATION LEARNED FROM THE SITE, ANY SITE CONTENT, OR ANY AFFILIATE LINKS ON THE SITE. as results of implementing information is dependent on many factors, tre disclaims any guarantees of outcomes as a result of implementing any information LEARNED FROM THE SITE, ANY SITE CONTENT, OR ANY AFFILIATE LINKS ON THE SITE. Under no circumstances shall ANY OWNER OR AGENT OF TRE, its PRESENTERS, contributors, or employees, THEIR affiliated organizations, or anyone else involved in creating or maintaining SITE CONTENT be liable for any DAMAGES, LOSSES, COSTS, EXPENSES, LOST PROFITS OR LOST EARNINGS, PERSONAL INJURY, ILLNESS, DISEASE, MEDICAL CONDITION, WORSENING OF ANY EXISTING HEALTH OR MEDICAL CONDITION, DEATH, oR OTHER LIABILITIES that result directly or indirectly from YOUR IMPLENTATION OF ANY INFORMATION LEARNED FROM THE SITE, ANY SITE CONTENT, OR ANY AFFILIATE LINKS ON THE SITE.
(c) Data. You are solely responsible for retaining back-up copies of all data, information, and other content you provide to TRE and submit to the Site.
(d) Special Damages. IN NO EVENT SHALL TRE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SITE.
(e) No Class Action. TRE AND YOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH TRE AND YOU AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
(f) No Endorsement of Products or Equipment. The Site may host or make available content, presentations, demonstrations, recommendations, opinions, or other materials provided by presenters or contributors (collectively, “Presenters”). Any reference by a Presenter to a product, device, supplement, service, equipment, treatment, brand, manufacturer, retailer, or other offering is made solely by that Presenter and does not constitute an endorsement, recommendation, sponsorship, approval, guarantee, or representation by TRE or its affiliates, or their respective officers, directors, employees, contractors, or agents (collectively, “Site Parties”). The Site Parties do not independently investigate, test, verify, evaluate, or warrant the safety, quality, effectiveness, suitability, legality, availability, regulatory status, or fitness for any particular purpose of any product or equipment mentioned, displayed, linked to, or otherwise discussed by a Presenter. Users are solely responsible for evaluating any such product or equipment and for consulting an appropriately qualified professional before purchasing, using, or relying on it, particularly where use may affect the user’s health, safety, or medical condition. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, LOST PROFITS OR LOST EARNINGS, PERSONAL INJURY, ILLNESS, DISEASE, MEDICAL CONDITION, WORSENING OF ANY EXISTING HEALTH OR MEDICAL CONDITION, DEATH, OR OTHER LIABILITIES ARISING OUT OF OR RELATING TO A USER’S RELIANCE ON A PRESENTER’S STATEMENTS OR THE PURCHASE, USE, MISUSE, FAILURE, OR PERFORMANCE OF ANY SUCH PRODUCT OR EQUIPMENT.
Training Room Education LLC
c/o Northwest Registered Agent Service, Inc.
6545 Market Ave N Ste 100
Canton, Ohio 44721
trainingroomeducation@gmail.com
PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND TRE’S POLICIES AND PRACTICES REGARDING YOUR INFORMATION.
This Privacy Policy (“Policy”) describes: (i) the types of data Training Room Education LLC, an Ohio limited liability company (“TRE”), may collect from you or that you may provide when you visit and use the website of trainingroomeducation.com and use TRE services and products (collectively, the “Site”); and (ii) TRE’s collecting, using, maintaining, protecting, and disclosing that information.
You and TRE agree as follows:
1. Acceptance. If you do not agree with TRE’s policies and practices, do not use the Site. By accessing or using the Site, you agree to this Policy. This Policy may change from time to time, without notice. Your continued use of the Site after TRE makes changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.
2. Information Collected and How it is Used.
(a) Information Collected. TRE may collect several types of information from and about users of the Site, including information:
(i) by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline;
(ii) billing and payment information (billing and payment information is processed by a third party, and TRE does not retain certain billing information);
(iii) that is about you but individually does not identify you; and
(iv) about your internet connection, the equipment you use to access the Site, and usage details.
(b) When Information is Collected. TRE collects information:
(i) directly from you when you provide it to TRE; and
(ii) automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
(c) Information You Provide. The information TRE collects on or thru the Site may include:
(i) information that you provide by filling in forms on the Site. This includes information provided at the time of registering to use a specific aspect of the Site, subscribing to any applicable subscriptions that may be offered from time to time, or requesting further information from or otherwise communicating with the Site. TRE may also ask you for information when you report a problem with the Site;
(ii) records and copies of your correspondence (including email addresses), if you contact TRE;
(iii) details of transactions you carry out through the Site (you may be required to provide certain financial information before using aspects of the Site); and
(iv) any search queries or other tool-related inputs.
3. Information that may be Collected Through Automatic Data Collection. As you navigate through and interact with the Site, TRE may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
(i) details of your visits to the Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site; and
(ii) information about your computer and internet connection, including your IP address, operating system, and browser type.
4. Usage. The information TRE collects from you assists TRE in offering and improving the Site and to deliver a better and more personalized service, including by enabling TRE to:
(i) estimate audience size and usage patterns;
(ii) store information about your preferences, allowing TRE to customize the Site and its configurations according to your individual interests;
(iii) speed up your use of the Site;
(iv) recognize you when you return to the Site;
(v) present the Site and its contents;
(vi) provide you with information, products, or services that you may request from the Site;
(vii) carry out TRE’s obligations and enforcing its rights arising from any contracts entered into between you and TRE, including for billing and collection;
(viii) notify you about changes to the Site or any products or services; and
(ix) in any other way that TRE may describe when you provide information.
5. Technology Used. The technologies used for automatic data collection may include the following:
(i) Cookies are small data files stored on your hard drive or in your device memory that help TRE to improve the Site and your experience, assess which areas and features of the Site are popular, and count visits. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, the Site may issue cookies when you access the Site.
(ii) Certain features of the Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Site.
(iii) Web beacons (also known as tracking pixels, clear gifs, and pixel tags) are electronic images that may be used in the Site or emails to track visits, understand usage and campaign effectiveness, and produces other statistics.
6. Third Party Links and Technology.
(a) Third Party Links. This Policy solely applies to the Site and does not apply to any third party links that may be available through the Site, from time to time
(b) Third Party Use of Cookies and Other Tracking Technologies. Some content or applications on the Site are served by third parties, including but not limited to advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based and behavioral advertising or other targeted content. TRE does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
7. Sharing Information. TRE may share anonymized and aggregated information, like traffic and usage data, for purposes such as analyzing user preferences, user experience, and to improve the Site. TRE does not sell or rent your personal information to third parties. TRE may share your personal information in the following ways:
(i) for data processing or storage purposes;
(ii) to subsidiaries and affiliates;
(iii) with service providers, advisors, other users, and other third parties, to the extent necessary to provide the services or features that you use on the Site;
(iv) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of TRE’s assets, whether as a going concern or as a part of bankruptcy, liquidation, or similar proceeding, in which personal information held by TRE is among the assets transferred;
(v) to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
(vi) to enforce or apply the Terms of Service Agreement, and any other agreements or arrangements that apply to you, including for billing and collection purposes; and
(vii) if TRE believes disclosure is necessary or appropriate to protect the rights, property, or safety of TRE, its customers, or others (this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction).
8. Security. TRE strives to maintain reasonable safeguards and security measures designed to protect the information collected by TRE. Unfortunately, no transmission of information via the internet is 100% secure. Although TRE will do its best to protect your information, TRE cannot guarantee its security; any transmission is at your own risk. TRE strongly recommends that you take every precaution in protecting your information, including using complex passwords, changing your passwords often, and using secure browsers, servers, and devices.
9. Do Not Track. Some web browsers include preferences that allow you to opt out of certain tracking technologies. The Site is not configured to respond to such “do not track” preferences.
10. Governing Law. This Policy and your use of the Site, including all disputes arising hereunder, will be governed by the laws of the United States and by the laws of the State of Ohio, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts of Franklin County, Ohio, and waive any objection to such jurisdiction or venue. Nothing in this Policy will be construed as an admission or implication that TRE is subject to the laws or jurisdictions of any national or international jurisdiction or governmental entity, or to non-US law.
11. Opt Out. You may opt out of receiving TRE communications by emailing trainingroomeducation@gmail.com and specifying “Opt Out” in the subject line. Alternatively, you may click the “Unsubscribe Link” at the bottom of any marketing emails from TRE; please allow at least 72 hours for this to take effect.
12. Children Under the Age of 18. The Site is not intended for children under eighteen (18) years of age. No one under age eighteen (18) may provide any information to the Site. TRE does not knowingly collect personal information from children under eighteen (18). If you are under eighteen (18), do not use or access the Site in any fashion. If you believe TRE may have any information from or about a child under eighteen (18), please contact TRE at trainingroomeducation@gmail.com.
13. Questions and Contact. If you have questions or concerns with this Policy, please contact TRE at trainingroomeducation@gmail.com.