Effective Date: May 18, 2018
1. INTELLECTUAL PROPERTY
All intellectual property or other content contained in the Services is owned, controlled, or licensed to Fitness Anywhere LLC, 1660 Pacific Avenue, San Francisco, California 94109, unless expressly stated otherwise. All rights are reserved by TRX to such intellectual property or content.
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TRX products such as the Suspension Trainer™ devices are protected by multiple U.S. and International Patents, Design Patents, and Pending Patent Applications. All content included on the Services such as training courses, exercise programs, blogs, or videos are the copyright property of TRX, or these have been granted for use under a limited license to TRX. All content is protected by the United States and international copyright laws, including by the Berne Convention. The compilation of all content that may be accessed through the Services are the exclusive property of TRX and protected by copyright laws.
You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property appearing on our Services.
If you believe any content or material contained on the Services infringes your copyright, you must give TRX notice under the Digital Millennium Copyright Act by contacting our copyright agent at IP@trxtraining.com. We will investigate your submission and may request additional information or statements necessary to verify your claim and/or to take down the applicable material.
2. PERMITTED USE
The content accessed via the Services is provided only for your personal use, general information, and convenience. The content provided to users through the Services cannot be shared and this right of use can be revoked at will by TRX. The information contained herein can only be used, linked, and shared by you in accordance with permitted fair use doctrines.
3. DISCLAIMER OF WARRANTIES & LIABILITIES
The materials we provide on our Services are provided on an AS IS and AS AVAILABLE basis with NO GUARANTEES made with respect to any results of any kind.
TRX makes no express or implied warranties in connection with the Services, and hereby disclaims and negates all warranties, including without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights in connection with the Services. Further, TRX does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials accessed via the Services, or otherwise relating to such materials or on any sites that may be linked to the Services.
4. LIMITATIONS ON DAMAGES
In no event shall TRX, its partners, vendors, licensors, advertisers, or suppliers be liable for any losses or damages (including, without limitation, damages for loss of data or profit, or due to business interruption) you may incur arising out of the use or inability to use the materials or content provided through the Services, or any reliance placed by you on the completeness, accuracy, or existence of any advertising provided through the Services, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services, any permanent or temporary inaccessibility of the Services (or any features thereof), deletion or corruption of, or failure to store or display, any content maintained or transmitted by or through the Services.
These limitations on TRX liability to you shall apply irrespective of whether TRX has been advised of or should have known of the possibility of any such losses. In the event you live in a jurisdiction that does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, TRX may only be liable for a sum equal to the fees paid by you for any TRX products or services, training programs, or other content you may have purchased through the Services.
5. REVISIONS AND ERRATA
TRX does not warrant that any of the materials or content on the Services are accurate, complete, or current. TRX may make changes to the materials or content contained on the Services at any time without notice.
6. LINKS; USER GENERATED CONTENT; INDEMNIFICATION
b. Areas of our Services may allow you to post comments, likes, photos, videos, or other content (collectively, “User Generated Content”). TRX is not responsible for the User Generated Content that individuals may post or display on or through the Services. However, once you post or submit your User Generated Content through or on our Services, you represent that you have all necessary rights, interest, and title to such Content and you grant TRX a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, to use, copy, reproduce, adapt, modify, translate, publish, to publicly perform, display or distribute, to digitally transmit, store, or perform, such User Generated Content, and to further sell, modify, create derivative works from or to incorporate such Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you.
8. MOBILE SERVICES
9. GOVERNING LAW
If you access the Services from a location outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. TRX makes no representation that materials on its Services are appropriate or available for use in locations outsides of the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
TRX reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Services as permitted under prevailing law. TRX also reserves the right to block users from certain IP addresses and prevent access to the Services. The provisions