Effective Date: May 18, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY TRX SERVICES.

Welcome to TRX!

We want to let you know that all of the TRX websites, mobile apps, or related digital/software products (collectively, “Services”) that you are using, accessing, or purchasing any goods or services from are either owned or offered by Fitness Anywhere LLC and its subsidiaries or affiliates (collectively, “TRX”). The references to “we,” “us,” and “our” as used in these Terms of Use refer to TRX.

By accessing or using our Services, you are agreeing to be bound by these Terms of Use together with our Privacy Policy. Additionally, some of the content that you may access through our Services may require you to perform a physical activity or participate in exercise programs. Please consult with a physician before starting such physical activities or exercise programs. Remember that participation in these activities or program is at your own risk.

If you do not agree with any of the provisions found in these Terms of Use, then you should not use or access the Services.

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.

TRX, TRX TRAINING ZONE, TRX FORCE, TRX TEAM, TRX TRAINING CENTER, SUSPENSION TRAINING, SUSPENSION TRAINER, DUO TRAINER, FITNESS ANYWHERE, MAKE YOUR BODY YOUR MACHINE, FORCE TRAINING KIT, RIP, RIP TRAINER, GET WITH THE MOVEMENT, XMOUNT, and INVIZI-MOUNT are a non-exhaustive list of some of the trademarks of TRX. Other trademarks are pending in the United States and internationally.

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.

By accepting these Terms of Use, you agree that the use of TRX products, training programs, or the Services alone or in conjunction with TRX products or training programs, even if used as instructed is only offered suggestively and cannot, to the maximum extent allowed by applicable law, result in any liability to TRX. For example, users given instructions as to the use of a TRX product or performance of a set of exercises remain liable for any damage or injury to themselves, others, or to the exercising environment.

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

a. TRX has not reviewed all of the sites that may be linked to the Services and is not responsible for the content or any goods or services that may be accessed, shared, or offered through any such linked sites. The inclusion of any link does not imply any endorsement by TRX of the site. Use of any such linked website is at the user’s own risk and you understand and agree that TRX is not responsible for the terms of use, privacy policies, or security practices of any linked sites or third-party services, including, without limitation, the accuracy of content or availability of any goods or services on linked sites or third-party services.

 

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.

 

c. You agree to indemnify, defend, and hold harmless TRX, its shareholders, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to: (i) your User Generated Content; (ii) your use of the Services; (iii) any violation of these Terms of Use; and/or (iv) any law or the rights of any third party.

 

7. TERMS OF USE MODIFICATIONS

TRX may revise and update these Terms of Use at any time without notice. By using the Services, and continuing to access the Services, you are agreeing to be bound by the then current version of these Terms of Use.

8. MOBILE SERVICES

You agree to make a personal use only of any of those Services that may consist of TRX apps or mobile versions of TRX websites which you may upload and install onto any computer, tablet, portable or mobile device, or phone. These mobile Services may contain certain features that are available to certain mobile phones. Your telecommunication carrier’s normal rates and fees apply. If TRX charges for a particular mobile service offering, you will first be notified and asked to accept any charges. Not all mobile services will work with all carriers and devices. By using TRX apps or mobile websites, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these Services may be shared with us in accordance with our Privacy Policy. If you change or deactivate your mobile number, you must promptly update your account information with us to ensure that we do not send your messages (if applicable) to a different person.

9. GOVERNING LAW

Any claim arising under these Terms of Use shall be governed by the laws of the State of California without regard to any choice of law or conflict of law provisions. You covenant that any court of competent jurisdiction shall have sole and exclusive jurisdiction over any claim or controversy arising from either this Terms of Use or our Privacy Policy, and venue shall be proper in any such court.

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.

For residents of the European Union, if you have claims related to our handling of your “Personal Data”, we request that you please follow the complaint procedures that we outline in Section VIII of our Privacy Policy. We also recognize that certain member nations of the European Union and other non-European Union countries that may have jurisdiction over your access of the Services may have different dispute resolution procedures, and as such, we ask that you still contact us at privacy@trxtraining.com (or at our mailing address: Fitness Anywhere LLC, Attn: Privacy – Legal Dept., 1660 Pacific Avenue, San Francisco, CA 94109 USA) and inform us of your location and applicable jurisdiction, so that we may address your country-specific concerns as needed.

10. INTEGRATION

These Terms of Use along with the Privacy Policy constitute the entire understanding and agreement between you as the user of our Services and TRX.

11. SEVERABILITY

If part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and shall not invalidate the remaining provisions of either the Terms of Use or our Privacy Policy which shall remain in full force and effect.

12. PRIVACY POLICY

TRX respects your privacy and is committed to appropriate technical and organizational measures to safeguard any Personal Data you may share with us. We urge you to read our Privacy Policy in order to review and understand how we may process Personal Data and the rights you have regarding Personal Data you may provide to us.

13. TERMINATION

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 in this Terms of Use relating to intellectual property, User Generated Content, indemnification, limitation of liability, severability, and other provisions that by their nature may survive termination shall survive any termination.