TERMS AND CONDITIONS


INTRODUCTION

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WORKOUTTRAINER.COM WEB SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE.

CHANGES TO TERMS AND CONDITIONS

WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.

COPYRIGHT AND TRADEMARKS

This site is owned and operated by WorkoutTrainer.com.

This site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by WorkoutTrainer.com, and its licensors or other owners as indicated on this website.

You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.

All trademarks, service marks and trade names of WorkoutTrainer.com, used in the site are trademarks or registered trademarks of WorkoutTrainer.com.

CHILDREN

Our Services are not designed for use by children. By using WorkoutTrainer.com, or purchasing any of the Services offered here, you agree and warrant that you are 18 years old or older.

LIMITATION OF LIABILITY

Any and all information provided on this web site is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non infringement or arising from a course of dealing, usage trade or practice. Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you. In addition, the materials contained in this Site could contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein. WorkoutTrainer.com uses reasonable efforts to include accurate and timely information on this web site and periodically updates the information without notice. However, WorkoutTrainer.com makes no warranties or representations as to the accuracy or completeness of such information, and WorkoutTrainer.com assumes no liability or responsibility for errors or omissions in the content of this web site. Your use of this web site is AT YOUR OWN RISK. Under no circumstances and under no legal theory shall WorkoutTrainer.com be liable to you or any other person for any direct, indirect, special, incidental, exemplary, or consequential damages arising from your access to, or use of, this web site. WorkoutTrainer.com also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing within this Site, or your downloading of any materials, data, text, images, video, or audio from this Site. In no event shall WorkoutTrainer.com be liable for any incidental or consequential damages, lost profits, or lost data or any indirect damages, even if WorkoutTrainer.com has been informed of the possibility thereof.

MEDICAL WARNING, DISCLAIMER, AND RELEASE

The content of the WorkoutTrainer.com is provided for information purposes only. While obtained from sources that WorkoutTrainer.com believes to be reliable, WorkoutTrainer.com does not guarantee the accuracy of, or assume any liability for, the content of any articles, product descriptions or other materials on the site. WorkoutTrainer.com does not guarantee or warrant any specific test, product, or procedure presented on the site, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED THERETO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. Reliance upon any information or use of any products presented on the WorkoutTrainer.com site is solely at your own risk. Neither the content of, nor any service offered on or through WorkoutTrainer.com, should be relied upon for medical diagnosis, treatment or as a substitute for professional medical advice. WorkoutTrainer.com is not engaged in the rendering of medical advice or services. Never disregard medical advice or delay seeking such advice because of something that you read on WorkoutTrainer.com.

By your use of this site, you certify that (1) you have read and agree to the above terms; (2) you have received consent from your physician to participate in these activities and use these products; (3) acknowledge that you do so voluntarily and at your own risk; and (4) agree to release and relieve WorkoutTrainer.com of any and all liability for any injuries, claims or damages arising out of your use thereof.

INDEMNITY

You agree to indemnify and hold WorkoutTrainer.com and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party. PRIVACY POLICY

Your privacy is important to WorkoutTrainer.com. By agreeing to this User Agreement, you also consent to the privacy practices detailed in our Privacy Policy, which may be modified as set out in the Privacy Policy. To the extent you are covered by laws requiring your consent for data transfer to the United States, you agree that your data may be transferred to the United States and collected and used accordance with our Privacy Policy. You can find the current privacy policy here Privacy Policy

PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of any password(s) you are given to access the site, and are fully responsible for all activities that occur under your password(s). You agree to notify WorkoutTrainer.com immediately of any unauthorized use of your password(s).

WorkoutTrainer.com is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this web site, you agree that you will not use this web site or the information or software contained in it for any purpose that is unlawful or prohibited by the terms and conditions listed.

LINKS TO OTHER SITES

The web site, or third parties on the web site, may provide links to other sites and/or resources, including advertisers, over which we have no control. These links are provided solely as a convenience to users to the web site and should not be construed as an endorsement by us of content, items, or services on those third-party web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. We make no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked web sites. You agree that we have no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources.

We shall have no liability to you for any loss or damage suffered by you as a result of linking to any site from the Web Site to the maximum extent permitted by law.

CANCELLATION POLICY

You may cancel your membership to WorkoutTrainer.com at any time. This can be done by sending an email to us from the “Contact Us” page of WorkoutTrainer.com with the subject of the email titled “Cancellation.” YOU MUST PROVIDE YOUR USERNAME in the body of the email for security purposes. There is no refund of the monthly membership fee but all future charges against your credit card account will be stopped.

Cancellation requests must be made 3 business days before your billing date to guarantee that you will not be billed in the next cycle.

When you cancel your membership you will no longer be able to access the premium features of the Members Area. All Free Trials must be Cancelled before the Trial Period is up. The Credit Card used upon Registration will be billed a Non-Refundable amount each month starting the day that the Free Trial Ends.

REFUND POLICY

MONTHLY RENEWING SUBSCRIPTIONS

 

Monthly Renewing Subscriptions are non-refundable. You may cancel your monthly renewing membership at any time during the month. If you choose this option, your subscription will expire 30 days from the last payment. Any amounts paid prior to your cancellation will not be refunded.

 

ANNUAL NON-RENEWING SUBSCRIPTIONS

 

Annual non-renewing subscriptions may be cancelled within thirty (30) days of initial registration and the amount paid to Bowleg Media, LLC for this subscription will be refunded in full. Bowleg Media will terminate the membership at the time of refund.

 

ANNUAL RENEWING SUBSCRIPTIONS

 

Annual Premium Membership subscriptions may be canceled within thirty (30) days of initial registration, or within thirty (30) days of the renewal date. Amounts paid for the "current year" by customer to Bowleg Media, LLC for Premium Membership subscription will be refunded to customer in full. Bowleg Media will terminate the membership at time of refund.

 

Annual renewing Premium Membership may not be cancelled more than thirty (30) days after initial registration, or more than thirty (30) days after the renewal date for the Premium Membership subscription, Bowleg Media, LLC. will not provide refunds under these circumstances.

 

MODIFICATION

 

Bowleg Media reserves the right to revise the terms of this Refund Policy. Any changes made will apply to all memberships created or renewed after the date such change was implemented.



MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of WorkoutTrainer.com, products) shall be in the state or federal courts located in Ventura County, USA. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of WorkoutTrainer.com products) must be commenced within one (1) year after the claim or cause of action arises. WorkoutTrainer.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. WorkoutTrainer.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. WorkoutTrainer.com may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.