TRAINASONE - TERMS AND CONDITIONS OF USE OF THE SERVICES

Last Updated: 30 June 2014

Introduction

The TrainAsONE website www.trainasone.com ("Website") and mobile applications ("Applications") are an online mechanism for tracking, managing and sharing user's fitness activities and analysing a user's abilities to produce a tailored training plan. It is provided to you by Anticipatory Health Limited ("us", "we", "our" or "TrainAsONE"), in conjunction with our partners, service providers, sponsors, and other affiliates. So that we may safely and responsibly manage the Website for all of our users, your use of the Website and Applications is subject to certain terms and conditions. The terms and conditions set forth below ("Terms of Use"), as well as the privacy policy ("Privacy Policy") set out at www.trainasone.com, apply to your use of the services and functionality provided on or through the Website and Applications (together, the "Services") and via the necessary software applications ("Software") used in connection with the Services.

By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy. If you do not accept these Terms of Use and the Privacy Policy, you are not authorised to use the Services or Software. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective immediately upon posting on the Website. At any time the current version of the Terms of Use can be found on www.trainasone.com.

Use of the Website, Services and Software

The Services allow for the delivery of the Software, text, graphics, images, video, audio, data and other material (together, the "Content"). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services and Software, or our partners, sponsors, or affiliates. The Content is protected by copyright under English law and foreign laws. Unauthorised use of the Content may infringe copyright, trademarks, and other laws. You have no rights in or to the Content, and you may not use the Content, except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, licence, sublicence, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, except to utilise features of the Services that, by their nature, involve publishing or sharing of Content with the public. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.

The Services are for personal use only and may not be used in connection with any commercial endeavours except those that are specifically approved by us. The following activities are expressly prohibited:

  1. collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications;
  2. any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or Software thereof;
  3. use of web scraping, web harvesting, or web data extraction methods from TrainAsONE even if the TrainAsONE account owner gives permission; and
  4. any use of the Services which is unlawful or in violation of these Terms of Use.

The Services include access to, links to, and content and data from, third-party websites ("External Services"). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Services. The content of such External Services is developed and provided by others. In addition, the Services permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.

Age Restrictions

The Services are intended for users aged 16 years or older. By accepting these Terms of Use you warrant that you are 16 years or older. If you are under the age of 16 years you must review the Terms of Use with you parent(s) or legal guardian(s) to ensure that both you and your parent(s) or legal guardian(s) understand and consent to the Terms of Use. A parent or legal guardian accepting the Term of Uses for the benefit of a child, agrees and accepts full responsibility for his or her child's use of the Services, including all financial charges and legal liability that such child may incur.

Intellectual Property

All Intellectual Property to Content as defined below (except for User Generated Content) featured or displayed on the Website or via the Services and Software is the property of TrainAsONE, its partners, sponsors, or affiliates and are protected under English and foreign laws and other copyright, trademark and patent law and other legislation. "Intellectual Property" includes, but is not limited to, copyright, trademarks, service marks, logos, designs, patents, utility models, text, graphics, photographs, images, video, audio, sound, illustration and data etc. incorporated into, accompanying or generated by the Content. TrainAsONE, its partners, sponsors, or affiliates reserve all rights to the Content not expressly granted under the Terms of Use. The TrainAsONE name, the TrainAsONE logo and other TrainAsONE logos, products and names related to the Content are the exclusive trademarks of, and are owned by, TrainAsONE and may not be used or displayed in any manner without the prior written consent of TrainAsONE.

If you download Software, including any other Content from the Website, associated sites and/or distribution channels, the Software is licenced to you by TrainAsONE. The licence to use the Software and Content is limited, personal, non-exclusive, non-transferable and for non-commercial use only. You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, distribute, sell, assign, transfer any right in, loan, lease, grant a security interest in or any right to the Website, Services, Software, Content or any part thereof. You agree not to use any data mining, robots, scraping or similar data gathering methods.

User Data and User Generated Content

[In order to use the Services you need to signup via the Website or by using another signup feature made available by TrainsAsONE.] Any signup is subject to you providing true, accurate and complete personal information ("User Data"). You undertake to keep your User Data accurate and current and update, without due delay, your User Data when relevant. TrainAsONE will respect your privacy a nd only use the User Data in accordance with these Terms of Use and subject to the Privacy Policy.

You are responsible for any actions that take place using your TrainAsONE account. TrainAsONE is not responsible for any loss that results from unauthorised use of User Data, with or without your knowledge. We strongly recommend you keep your User Data (and any associated usernames and/or passwords) secure and do not allow anyone else to use them to access the Services.

Any content that you or other users post or otherwise make available on or through the Services, except such Content owned by TrainAsONE, or our partners, sponsors, or affiliates, ("User Generated Content") shall include communications, materials, information, data, profiles, messages, notes, links to websites, text, information, photos, music, video, designs, graphics, sounds, and any other content. All User Generated Content submitted by you on the Website or via the Services will be considered non-confidential and non-exclusive. You grant to TrainAsONE a non-exclusive, non-revocable, worldwide, transferrable, royalty-free, perpetual right and licence to use the User Generated Content in any manner or media now or later developed, for any purpose (commercial, advertising or otherwise), including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialise without any payment to you. TrainAsONE will respect your privacy and only use the User Generated Content in accordance with these Terms of Use and subject to the Privacy Policy.

You agree not to use the Service to post or transmit any material which is or may infringe Intellectual Property rights of others, which is harassing, threatening, false, misleading, inflammatory, defamatory, an invasion of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any third party or in any way give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction.

You are granted a limited, non-exclusive right to create a text hyperlink to the Website, provided such link does not portray TrainAsONE, its trademarks or any of its marks, products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.

User Interactions

You are solely responsible for your interactions with other users of the Content and Services, whether online or in person, including but not limited to comments, challenges, routes, pep talks, friendly competition etc. TrainAsONE assumes no responsibility or liability for any loss or damage resulting from any interaction with other users of the Services, persons you meet through the Services, or persons who find you because of User Generated Content posted on, by or through the Services. You agree to take reasonable precautions in all interactions with other users of the Content and Services, and conduct any necessary investigation before meeting another person. TrainAsONE is under no obligation to become involved in any disputes between users, but may do so at its own discretion. If TrainAsONE chooses to monitor any User Generated Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.

TrainAsONE does not monitor or prescreen User Data or User Generated Content prior to posting. TrainAsONE does not undertake any obligation or liability relating to any User Data and User Generated Content or activities of users on the Services.

TrainAsONE reserves all rights to edit, remove, or refuse to post any User Data, User Generated Content or terminate your account for any reason.

You acknowledge, consent and agree that TrainAsONE may access, preserve and disclose your User Data, and other of your User Generated Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with a legal process, enforce the Terms of Use, respond to claims that any Content or User Generated Content violates the rights of third parties or protect the rights, property or personal safety of TrainAsONE, its users and the public.

Personal Safety Notice

TrainAsONE provides the Services for you to track, manage, and share your fitness activities. You understand and agree that all your athletic and/or recreational activities using the Services may have inherent, implicit and/or expressed risks of bodily injury or death and/or property damage.

You understand and agree that you voluntary and at your own free will assume all known and unknown risks associated with such athletic or recreational activities even if such risks may be claimed to be caused in whole or part by actions, inactions or negligence of TrainAsONE, or our partners, sponsors, or affiliates.

You understand and agree that TrainAsONE, will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to the Services, including but not limited to featured, official or user created challenges, routes, friendly competitions or similar, any single or group training activities or any event that utilises the Services, irrespective of any information or Content related to the Services. TrainAsONE encourages you to always put safety first, follow applicable traffic regulations, not to change settings on your devices or the Software while in motion or in unsafe areas and to always be due diligent when exercising.

You understand and agree that you download or otherwise obtain the Services at your own risk, and will be solely responsible for your use and any damage to your mobile devices, computers or other device by which you access the Content and Services, loss of data or other harm of any kind that may occur as a result thereof.

No Medical Advice

The Services do not contain or constitute, and should not be interpreted as, medical advice or opinion. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet, nutrition or exercise program using the Website, Content and Services. Your use of the Website, Content and Services does not create a doctor-patient relationship between you and TrainAsONE, or our partners, sponsors, or affiliates.

Disclaimer of Warranties

TrainAsONE, or our partners, sponsors, or affiliates and their respective officers, directors, employees, agents, suppliers or licensors make no warranties or representations about the Content and Services (including User Generated Content) including, but not limited to, its accuracy, reliability, completeness, timeliness, or reliability.

TrainAsONE, our partners, sponsors and affiliates make no warranties for the truth, accuracy or completeness of any information conveyed to users of the Services or for errors, mistakes or omissions therein or for any delays or interruptions of the Services, Content or Website from whatever cause. You agree that you use the Services and Content at your own risk. We make no warranty that the Services or Content are free of computer viruses or similar contamination or destructive features. If your use of the Services or Content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.

The Services and Content are provided on an "as is" and "as available" basis without any warranties of any kind. We hereby disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties' right (including Intellectual Property) and fitness for particular purpose.

In no event shall we be liable for any damages (including, without limitation, incidental and consequential damages, lost profit, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Services and the Content, whether based on warranty, contract, tort (including negligence), in excess of £500, even if we have been advised of the possibility of such damages.

Limitation of liability

To the fullest extent permitted by law, TrainAsONE, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors ("Released Parties") shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Services, including any User Generated Content, even if TrainAsONE has been advised of the possibility of such damages. If TrainAsONE is found to be liable to you for any damage or loss which is in any way connected with your use of the Services or any Content, TrainAsONE 's liability shall not exceed the subscription fees paid by you for the Services or £500 whichever is the greater. You expressly agree and undertake not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your use of the Content and Services.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you in its entirety. However, you agree the provisions of liability will be limited to the extent permitted by law.

If links are established to a third-party website, TrainAsONE is not liable for the contents of such third-party websites. This includes links to our partners', sponsors', or affiliates' website that may use TrainAsONE 's logos as part of a co-branding agreement.

Indemnity

You agree to indemnify, defend, and hold harmless the Released Parties from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal fees, arising from or relating in any way to your User Generated Content, your use of the Services and/or Content and your conduct in connection with the Services or with other users of the Services, or any violation of these Terms of Use, any law or the rights of any third party.

Third Party Service Providers and Advertisers

TrainAsONE may choose at any time to have its business partners' and other third parties' products, services, advertisements and other offers made available via the Services. Any such offerings made available to you are made and offered directly by the applicable third party service provider or advertiser, unless otherwise expressly noted. You acknowledge and accept that if you buy any such products or services offered you are contracting directly with the applicable business partner or third party service provider or advertiser. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. TrainAsONE shall not be responsible or liable for the performance or nonperformance of any third party service provider or advertiser and any loss or damages of any kind resulting thereof.

Termination

TrainAsONE reserves the right to change, discontinue and/or terminate any and all of the Services and Content at any time without notice.

TrainAsONE may at any time, at its own discretion for any or no reason, and without any warning or notice, edit or remove in whole or in part any users account and User Generated Content and further restrict users' use of all or any part of the Services. TrainAsONE also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Services. You understand and agree that some of your User Generated Content, which is displayed outside your profile, in activity feeds, in other parts of the Services, or on other platforms (e.g., Facebook, Twitter etc.), may continue to appear on the Services or on other platforms even after your User Generated Content is removed or your account is terminated.

Irrespective of the manner of termination of these Terms of Use, the Privacy Policy, Disclaimer of Warranties, Limitation of Liability, Intellectual Property, Miscellaneous, Invalidity and Severability and Applicable Law shall survive any termination.

Invalidity and Severability

If any clause of these Terms of Use is found to be wholly or partly unlawful, invalid or unenforceable then that clause or provision will, to the extent required, be severed from these Terms of Use and will be ineffective without, as far as is possible, modifying any other clause or part of these Terms of Use and this will not affect any other provisions of these Terms of Use which remain in full force and effect.

Applicable Law

The formation, existence, construction, performance and validity of all aspects of the Content and these Terms of Use are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English Courts in this respect. TrainAsONE retains the right to bring proceedings in any other court of competent jurisdiction and you agree to submit to that jurisdiction in that event.

Contacts and Notices

All notifications, questions and comments to TrainAsONE regarding these Terms of Use can be submitted by email to [email protected]