TERMS OF USE AND DISCLAIMER OF LIABILITY TRAIN 360TM
These Terms of Use and Disclaimer of Liability - Train 360 incorporates all of the Terms of Use which apply to the GoToGabby.com website (the "Website") which is owned and operated by GotoGabby, LLC ("GTG"). By visiting the Website, you agreed to be bound by the Terms of Use. If you are not familiar with the Terms of Use that you agreed to abide by in regard to your use of the Website, you should re-read the Terms of Use and familiarize yourself with the Terms of Use to which you are bound. In addition, the following Terms of Use and Disclaimer of Liability - Train 360 apply to your use of Train 360 and by signing up for Train 360, you agree to abide by these Terms of Use and Disclaimer of Liability - Train 360. Please read them carefully.
TRAIN 360
Train 360 addresses only non-urgent subjects of a general nature. Train 360 does not take into account the medical conditions of individual users, and none of the information provided in Train 360 should be considered a substitute for personal medical attention, diagnosis or treatment.
SUBSCRIPTION SERVICE; BILLING AND RENEWAL POLICIES
When you choose to sign up for Train 360, you agree to the terms of our subscription services. Your subscription term is based on the initial level of subscription you select, either Bronze (30 day free trial), or Silver (1 Time fee of $9.95) If you do not cancel your Bronze membership you will be charged the Silver Membership's 1 time fee of $9.95. Train 360 will not provide you with any notice or confirmation that your credit card is being or has been charged. In order to sign up for Train 360, you will be required to provide certain information including, without limitation, your name, address, telephone number, birthdate, email address, and credit card information. We maintain the information you provide to us as confidential pursuant to the terms of our Privacy Policy which may be accessed on this Website. The information you provide will form the basis of your account with us. You agree to provide this information as well as any other mandatory information and agree that such information provided will be accurate and current. You represent and warrant that you are an authorized user of the credit card provided to us and you agree to pay all charges resulting from your subscription services at the prices then in effect. You agree to be responsible for any and all charges to your account, including applicable sales tax, and all associated renewal fees until notice of cancellation is received by Train 360. You agree that all such charges may be charged to the credit card provided with your account and that the Terms of Use in effect at the time your account is charged shall govern. You agree that your account may be terminated by us at any time for any or no reason.
Your subscription to Train 360 is based on the subscription level you select at the time you register for Train 360. Following are descriptions of each subscription level. If you have any questions about your account, you should send an email to Customer Service at customerservice@mytrain360.comor call Customer Service at (310) 456-2102.
Bronze (30 Day) Free Membership:
Thank you for your subscription to the Bronze membership level. Your initial subscription term is ten (30) days. You may cancel your membership at any time within the thirty (30) day period following the calendar date on which you subscribe to Train 360 and your card will not be charged. In the event that you cancel your subscription at any time after the thirty (30) day period following the calendar date on which you subscribe to Train 360, you will not be entitled to receive any refund.
Upon the expiration of your initial 30 day free subscription, your subscription automatically will revert to a Silver Membership, and your account automatically will be charged $9.95. We will not provide you with any notice of renewal or confirmation that your account is being or has been charged. In order to cancel your subscription, you must email Customer Service at customerservice@mytrain360.com or go to your account settings and select account cancelation. Fill out the required information and submit. Cancellation will be effective immediately.
Silver (1 Time Flat Fee) Membership:
Thank you for your subscription to the Silver membership level. Your initial subscription term is one (1) time flat fee rate at $9.95. You may cancel your membership at any time but you will not receive a refund. In the event that you cancel your subscription at any time after the seven (7) day period following the calendar date on which you subscribe to Train 360, you will not be entitled to receive any refund. If you cancel your subscription, you will not receive a refund for that period. In order to cancel your subscription, you must email Customer Service at customerservice@mytrain360.com or go to your account settings and select account cancelation. Fill out the required information and submit. Cancellation will be effective immediately.
DISCLAIMER; NO MEDICAL ADVICE PROVIDED
Train 360 is provided for informational purposes only and is not intended to be a substitute for professional medical advice. At any time you have questions regarding a medical condition, you should seek the advice of your physician or other qualified health care provider. None of the contents of Train 360 are intended to be relied upon for medical treatment or diagnosis. You should never delay seeking medical advice or disregard medical advice due to any information provided as a part of Train 360. Any opinions expressed as a part of Train 360 are the opinions of the authors and neither GTG, Gabrielle Reece, the companies with which they are affiliated nor any of their employees assume any liability for the contents of any materials provided as part of Train 360. Reliance upon any opinion or advice provided as part of Train 360 is at your own risk. Neither GTG, Gabrielle Reece, the companies with which they are affiliated nor any of their employees assume liability or responsibility for damage or injury to person or property arising from any use of any product, service, information or instruction provided as a part of Train 360.
Also, you should consult your physician or other qualified health provider before beginning this or any other exercise program. This is especially important if you (or your family) have a history of medical problems (including heart disease, stroke, high blood pressure, high cholesterol or other medical problems) or if you are obese or have a specific injury. You should not begin this exercise program if your physician or other qualified health provider advises against doing so. If you experience any discomfort or pain while engaging in this exercise program (including pain, dizziness, discomfort, chest pain or shortness of breath), you should stop the program and seek immediate medical attention by contacting your physician or dialing 911 (in the United States) or other emergency number. Participating in any exercise program can pose some risk of injury. You assume all risks of injury arising from your use of any workout or exercise program or instructions provided as part of Train 360.
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. MANY EXERCISES CAN BE CHALLENGING. IF YOU DO NOT KNOW HOW TO PERFORM THEM CORRECTLY AND SAFELY, YOU SHOULD NOT PARTICIPATE IN THEM OR MAKE THEM A PART OF YOUR WORKOUT. BY DECIDING TO PARTICIPATE IN AND USE TRAIN 360, YOU ARE ASSUMING ALL RISK OF INJURY, HARM AND LOSS.
GTG shall have no responsibility or liability for any information you submit on the Website or for any use or misuse by you or any third party of information transmitted or received on the Website.
PASSWORDS
Upon signing up for Train 360, you will be assigned a password. GTG maintains all passwords on a secure server. In the event you forget your password, GTG will assist you. Please send an email to Customer Service at customerservice@mytrain360.com or contact Customer Service at (310)456-2102 and request password assistance. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. You are solely responsible for controlling the use of passwords and activation codes; authorizing, monitoring and controlling access to and use of your account and password; and informing GTG immediately in the event of unauthorized use or access to your password. By signing up for Train 360, you grant to GTG and its agents the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Website.
GOVERNING LAW
GTG is located in California. All use of the Website, including use of Train 360, shall be governed by the laws of the State of California without regard to any rule that would require the law of another jurisdiction to be applied.
VENUE
Any legal or equitable action with respect to the Website or Train 360 shall be brought only in a federal or state court located in Los Angeles, California. To the fullest extent permitted by applicable law, no action brought by any individual with respect to the Website or Train 360 shall be joined with an action involving any other person who may assert similar claims with respect to the Website or Train 360.
LIMITATION ON CLAIMS
Any claim or action that any party may have arising from or related to use of the Website or Train 360 must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred.
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