Terms of Service

Updated Nov. 1, 2023

These Terms govern your access to and use of the Services. By accessing or using the Services, you are agreeing to be bound by these Terms and concluding a legally binding agreement with Trainest. If you do not want to agree to these Terms, you must not use the Services.

The Services are offered and available to users who are (i) 13 years of age or older, and (ii) residents of the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Trainest. If you do not meet all of these requirements, you must not access or use the Services.

1 Definitions

The following words are used throughout the Terms and have the following specific meanings:

“Client” refers to a User who is not a Trainer and benefits from the Services for his/her own workouts.

“Cookie” refers to a small amount of data generated by a website and saved by your web browser, often for the purpose of re-identifying your browser, providing analytics, or remembering information about your preferences (such as language or login).

“Marketplace” refers to the feature in the Mobile Application and, where applicable, on the Website, whereby Clients may contact and hire Trainers.

“Mobile Application” refers to the mobile applications operated by Trainest and published on major mobile applications platforms and marketplaces from time to time, including but not limited to Trainest and https://trainest.com.

“Services” refers to the Website, the Mobile Application, and all content, services, and products available at or through the Website and the Mobile Application. Services include (but are not limited to) the freely available features and the Marketplace.

“Suggestions” refers to any feedback, ideas, improvements, or suggestions provided by you to Trainest with respect to the Services.

“Terms” refers to these terms and conditions, which is a binding agreement between you and Trainest (the “Agreement”).

“Trainer” refers to a User who offers coaching and training sessions on the Mobile Application and, where applicable, the Website.

“Trainest,” “We,” “Us,” and “Our” refer to Trainest, Inc., a California corporation, provider and operator of the Services.

“Updates” refers to enhancements or improvements to the features of the Services, provided by Trainest from time to time, including but not limited to patches, bug fixes, updates, upgrades, and other modifications.

“User,” “You,” and “Your” refer to a person or entity accessing or using the Services. A User can be a Client or a mere visitor (with no registered account).

“User Contributions” refers to content or materials that Users post, submit, publish, display, or transmit (“post”) to other Users or other persons on the Services.

“Website” refers to the website operated by Trainest, which can be accessed via the following URL: https://trainest.com.

2 Accessing the Services and Account Security

2.1 Services and Their Features

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Website or in the Mobile Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all the Services, to Users, including registered Clients.

Some Updates may modify or delete certain features and/or functionalities of the Services. You agree that Trainest has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Services to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Services, and (ii) subject to these Terms.

You are responsible for both:

Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

2.2 Account Security

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Website or in the Mobile Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, by contacting us at support@trainest.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

3 Transactions

3.1 Return and Refund Policy

All orders placed in the Mobile Application or on the Website are non-refundable. Nonetheless, if, for any reason, you are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with the Services.

3.2 Trainers & Payments

All Users, including Trainers offering their services on the Marketplace, are persons or entities separate from Trainest. Trainest offers the Marketplace as a means for Users to communicate and exchange training or coaching services with other Users (typically between Clients and Trainers), whereby Trainest is merely a facilitator, collecting payments from the Client on behalf of the Trainer (subject to separate terms and conditions between Trainest and the Trainer). Nothing in these Terms is intended to create an employment relationship and no employment relationship results from these Terms (neither between Trainest and Users, nor between Trainers and Clients).

4 Intellectual Property

4.1 Intellectual Property Rights

The Website and the Mobile Application, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Trainest, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit:

Clients to use the Services for their personal, non-commercial use only; and
Trainers to use the Services for their individual, legitimate commercial use but only for the purpose of delivering training services via Trainest, as described on the Website and in the Mobile Application.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or in our Mobile Application, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website or screenshots of the Mobile Application for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

Modify copies of any materials from the Website or Mobile Application.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or Mobile Application.
Clients must not access or use for any commercial purposes any part of the Website or Mobile Application, or any services or materials available through the Website or Mobile Application.

If you wish to make any use of material on the Website or in the Mobile Application other than that set out in this section, please address your request to: support@trainest.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Mobile Application in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or Mobile Application or any content on the Website or Mobile Application is transferred to you, and all rights not expressly granted are reserved by Trainest. Any use of the Website or Mobile Application not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

4.2 Trademarks

The term “Trainest”, the Trainest logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Trainest or its affiliates or licensors. You must not use such marks without the prior written permission of Trainest. All other names, logos, product and service names, designs, and slogans on this Website and in the Mobile Application are the trademarks of their respective owners.

4.3 License

Trainest grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website/app strictly in accordance with the terms of this Agreement.

If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

You agree not to, and you will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website/app or make the platform available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website/app.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Trainest or its affiliates, partners, suppliers or the licensors of the website/app.

4.4 Third-Party Content

Any User Contribution you post on the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the contributions you post on the Services and have the right to grant the license above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Trainest, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User.

4.5 Copyright Infringement Notice (DMCA)

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Trainest

1470 East Valley Rd #50216, Santa Barbara, CA 93150

support@trainest.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

4.6 Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice“) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

4.7 Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

4.8 Suggestions

Suggestions shall remain the sole and exclusive property of Trainest. Trainest shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

5 Content Standards

These content standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

6 Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor of our Services, or by anyone who may be informed of any of their contents.

The Services include content provided by third parties, including materials provided by other Users (especially Trainers). All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Trainest, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Trainest. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

7 Links to Other Websites or Applications

The Services may contain links to other websites or applications not operated or controlled by Trainest. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

8 Cookies and Privacy

Trainest uses Cookies to identify the areas of our Services that you have visited. We use Cookies to enhance the performance and functionality of our Services but they are non-essential to their use. However, without these Cookies, some features like videos may become unavailable or you would be required to enter your login details every time you access or use the Services as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Services correctly or at all. We never place Personally Identifiable Information in Cookies.

For further information on how we process personal data, please refer to our Privacy Policy, which is an integral part of these Terms.

9 Promotions

Trainest may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

10 Term and Termination

This Agreement shall remain in effect until terminated by you or Trainest.

Trainest may, in its sole discretion, at any time and for any or no reason, permanently or temporarily, suspend or terminate this Agreement with or without prior notice.

Upon termination of this Agreement, you shall cease all use of the Services and delete all copies of the Website and Mobile Application from your equipment.

Termination of this Agreement will not limit any of Trainest’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

11 Indemnification

You agree to indemnify and hold harmless Trainest, its parents, subsidiaries, affiliates, licensors, and services providers and its and their respective officers, directors, employees, contractors, agents, partners, suppliers, successors, licensors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, demands, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or any law or regulation, or your use of the Services, including but not limited to your User Contributions, any use of the Website’s or Mobile Application’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

12 No Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, our Services, the Website, or the Mobile Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE WEBSITE, THE MOBILE APPLICATION, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, THE WEBSITE, OR THE MOBILE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE SERVICES, THE WEBSITE, THE MOBILE APPLICATION, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, THE WEBSITE, OR THE MOBILE APPLICATION IS AT YOUR OWN RISK. THE SERVICES, THE WEBSITE, THE MOBILE APPLICATION, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, THE WEBSITE, OR THE MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRAINEST NOR ANY PERSON ASSOCIATED WITH TRAINEST MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, THE WEBSITE, OR THE MOBILE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER TRAINEST NOR ANYONE ASSOCIATED WITH TRAINEST REPRESENTS OR WARRANTS THAT THE SERVICES, THE WEBSITE, OR THE MOBILE APPLICATION, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, THE WEBSITE, OR THE MOBILE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES, OUR SITE, OUR APPLICATION, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, THE WEBSITE, THE MOBILE APPLICATION, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, THE WEBSITE, OR THE MOBILE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, TRAINEST HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13 Trainers’ Services – No Medical Services

Trainers are solely responsible for the services they perform via the Marketplace. Trainest does not exercise any control over the services delivered by the Trainers, who remain independent contractors and bear their own liability with regards to coaching sessions and other services delivered via the Services. Trainest, as a neutral platform operator, shall not be liable for the acts or omissions of the Trainers. Use of the Services is solely at your own risk.

The Services offer health and fitness information and are designed for educational and entertainment purposes only. The Services are not intended to be a substitute to professional healthcare, medical advice, diagnosis, or treatment. You should always consult your physician before beginning use of the Services or a new training or coaching course. If you have any questions or concerns regarding your health, you should always consult a physician or other relevant professional healthcare provider. If you are in need of urgent care, you should call emergency services of your geographical location, the nearest hospital, or call 911 (in the United States).

Trainest does not provide and does not claim to provide healthcare or medical services, and the Trainers are not and must not claim to be medical practitioners.

14 Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TRAINEST AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO TRAINEST FOR THE APPLICABLE SERVICES IN THE LAST THREE MONTHS OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15 Updates to These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

16 Arbitration

16.1 Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR TRAINEST’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Trainest concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

16.2 Notice of Dispute

In the event of a dispute, you or Trainest must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: support@trainest.com. Trainest will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Trainest will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Trainest may commence arbitration.

16.3 Binding Arbitration

If you and Trainest don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

17 General Terms

17.1 Governing Law and Jurisdiction

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Santa Barbara and County of Santa Barbara, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17.2 Waiver and Severability

No waiver by Trainest of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Trainest to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

17.3 Entire Agreement

The Agreement, together with the Privacy Policy and any other legal notices published by Trainest on the Services, constitutes the entire agreement between you and Trainest regarding your use of the Services and supersedes all prior and contemporaneous written or oral agreements between you and Trainest.

You may be subject to additional terms and conditions that apply when you use or purchase other Trainest’s services, which Trainest will provide to you at the time of such use or purchase.

17.4 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

17.5 Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

17.6 Disclaimer

Trainest is not responsible for any content, code or any other imprecision.
The Trainest Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Trainest is a distributor and not a publisher of the content supplied by third parties; as such, Trainest exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Trainest Service. Without limiting the foregoing, Trainest specifically disclaims all warranties and representations in any content transmitted on or in connection with the Services or on sites that may appear as links on the Services, or in the products provided as a part of, or otherwise in connection with, the Services, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Trainest or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Trainest does not warrant that the Services will be uninterrupted, uncorrupted, timely, or error-free.

18 Contact Us

The Services are operated by Trainest, Inc., 1470 East Valley Rd #50216, Santa Barbara, CA 93150.

All notices of copyright infringement claims should be sent to support@trainest.com.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support@trainest.com or via the support portal at https://trainest.com/contact-us/