Terms and Conditions
These Terms and Conditions of Use (the “Terms and Conditions”) constitute a legal agreement between 5150 Ltd., an exempted company incorporated in the Cayman Islands (the “Company”) and you, or if you are acting on behalf of a business or entity, that business or entity (in either case, “you” or “your”).
General Terms and Conditions
Unless otherwise indicated, the Terms and Conditions apply to your use of the website(s) and various web pages which are owned, operated or administered by the Company and its affiliates (collectively, “we”, “us” or “our”), including, without limitation, the website, www.triformations.com, and any other website that the Company may own or operate currently or in the future (collectively, the “Website”).
The Terms and Conditions govern your access to and use of the Website, including but not limited to, services provided by the Company in the form of coaching consultations, training plans, personal coaching, data and biomechanical analysis, eGift cards as well as any other content, functionality, and services offered on or through, or made available in connection with, the Website (including, without limitation, any services which can be provided offline) (each, a “Service”, together, the “Services”).
Updates and Supplements
The Company may revise and update the Terms and Conditions from time to time in our sole discretion without any further notice to you (the “Updates”). The Company may from time to time supplement the Terms and Conditions with additional terms and conditions pertaining to specific content, activities or events (the “Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into the Terms and Conditions. All Updates and Additional Terms are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website, or by receiving the Services offered on or through the Website, following the posting of the Updates and/or Additional Terms, means that you accept and agree to the Updates and Additional Terms. You are expected to check this page each time you access this Website so you are aware of any Updates and Additional Terms, as they are binding on you.
Parental or Guardian Permissions
This Website is offered and available to users who are 18 years of age or older. You may not access this Website if you are younger than 13 years old. If you are the legal guardian of a minor that is older than 13 but younger than 18, you may register for this Website or Services through this Website on behalf of the minor, provided you will be solely responsible for such minor’s access and use of the Website and will remain liable for all obligations therein. By using the Website and/or by using the Services offered on or provided through it, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or purchase any services offered on or through the Website.
Residents of the Cayman Islands
Certain legal and regulatory restrictions apply to the Services and/or products of the Company offered on or through the Website and are therefore not available or offered to residents of the Cayman Islands.
By purchasing the Services and/or products offered on or through the Website, you represent and warrant that you are not a resident of the Cayman Islands. If you are a resident of the Cayman Islands, you acknowledge and understand you are not eligible to purchase any of the Services and/or products offered on or through the Website and any attempts to create an account on behalf of someone else, impersonate any person or misrepresent your identify in order to access or purchase the Services and/or products of the Company will result in the immediate termination of any user account and/or termination of any Services purchased.
Access and Account Security
We reserve the right in our sole discretion to withdraw or amend the Website and any Service or material we provide on the Website, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Website through your internet connection are aware of the Terms and Conditions and comply with them.
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 assign, transfer or sub-license your rights as a registered user or provide any other person with access to this Website or portions of it using your user name, password or other security information. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Website.
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. 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, shared computer or WIFI connection etc. 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 the Terms and Conditions. Upon termination of the Services being provided to you, we further have the right to disable access to your premium athlete account in TrainingPeaks, if such account has been paid for and/or provided by us.
Payment and Refunds
You acknowledge and agree that you are obligated to pay the registration fee and/or negotiated fee in accordance with the level of Service purchased and that such fees/sales are final and non-refundable (unless otherwise agreed to in writing by the parties), regardless of whether you discontinue use of or access to the Website and/or discontinue or terminate the Services purchased through the Website or our third party shopping cart (as applicable).
Please note that you may be asked to provide your shipping address at checkout for geographical purposes only as certain Countries are legally restricted from purchasing our products and/or Services. If your Country is restricted, it will not be listed in the pull-down menu available through our third party shopping cart and you will be unable to complete your purchase.
Certain Services as further described in the “Services” page of the Website, may require you to complete additional forms, including but not limited to, signing a separate athlete liability waiver form as part of your athlete induction package. You agree under this agreement that you shall pay the applicable registration/coaching fee and initial one-time start up fee (if applicable) prior to the Company undertaking to provide such Services under this agreement. Fees will be paid on or before the 20th day of each month in advance of the month that such service is to be provided (i.e. fee is paid on Sept 20th for coaching during October). We reserve the right to terminate your access to our Services, including your premium athlete account access to TrainingPeaks (if paid by the Company), if you are not up to date with any payment plan or fee that has previously been agreed to between you and the Company.
Certain Services may be subject to a minimum time commitment/period in accordance with the level of Service purchased. Should you choose to no longer receive the Services during the minimum time commitment/period as previously agreed to for such Service, you are still responsible for the full amount of the relevant fees over this entire period. Unless otherwise agreed to in writing by the parties, or upon completion of the minimum period as previously agreed to for the applicable Service and thereafter, this agreement shall automatically renew on a monthly basis. You understand that any pre-paid coaching agreements and associated fees are non-refundable.
You acknowledge and understand that our online ordering procedure may not always be 100% perfect as there are many other factors beyond our control which may arise during the transaction, including but not limited to, errors, such as internet connections, web server downtime, unavailability of our third party shopping carts or payment gateways etc. You further understand that mistakes sometimes happen and we promise to do our best to fix any situation within reason. We ask that if you are uncertain about purchasing anything from the Website, or are experiencing any difficulty with your purchase that you e-mail us at email@example.com and we will be happy to answer any questions you may have or help to rectify the problem with the purchase. As previously mentioned above, we DO NOT provide refunds and all sales are final unless there are rare extenuating circumstances. For the avoidance of doubt, the following are NOT circumstances under which a refund would be provided: (a) you mistakenly placed the order, or (b) after purchase, you decide that you do not want the product/Service anymore.
You understand that we utilize third party shopping carts and payment gateways for any purchases and financial transactions and, accordingly, we are not able to access your credit card or other financial details. You further understand and agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our owners, employees or contractors.
You understand that you will receive the previously agreed upon Services purchased under this agreement in accordance with level of coaching option you purchased. A complete list of services provided with each coaching option or Service are identified on the Website. You agree that any telephone consultations, online meetings, Skype or Facetime calls (or similar), instant messaging and e-mail or text correspondence between you and the Company or any of our employees, that is initiated by you, will be at your own expense.
You acknowledge and agree that this agreement cannot be terminated during the minimum period as previously agreed to for such Service. If applicable, you may terminate this agreement after such minimum term as may be agreed provided that you have indicated in writing your intention not to renew at least thirty (30) calendar days prior to the expiration of the minimum period of the Service. Thereafter, you may terminate this agreement provided that you have indicated in writing your intention not to renew at thirty (30) calendar days prior to the expiration of the renewal term. Upon providing your notice of termination, you agree that you will be responsible to pay the Services fees applicable to the current month or thirty (30) day notice period. At any time after the commencement of the minimum period, the Company may terminate this agreement upon ten (10) calendar days’ written notice to you. You and the Company agree that neither party shall make any disparaging remarks about the other party in the event this agreement is terminated by any means.
You agree to approve and link the Company’s coach account to your personal TrainingPeaks account, as may be applicable, for purposes of the Company providing certain of the Services agreed to in accordance with the level of Service you have purchased. Upon termination of the Services being provided to you by the Company, you acknowledge and understand that the Company will (a) downgrade any coach-paid premium athlete account to a basic account in TrainingPeaks, and (b) unlink your personal coaching account from the Company’s coaching account. The Company is unable to downgrade athlete paid premium accounts.
Appointment Cancellation Policy
You are required to contact your designated coach directly by email/phone/text message or email the Company at firstname.lastname@example.org at least 24 hours prior to the scheduled appointment time to cancel any appointment or you will be considered a “no show.” You understand this cancellation policy applies to any scheduled appointment, including but not limited to, any appointment, coaching call, induction call or consultation.
You acknowledge and agree that your session will be considered a “no show” if you are more than 15 minutes late for your scheduled time. In the event you are a “no show” for your scheduled session, you acknowledge and agree that you will be charged for that session (or the session will be deducted from your monthly allotment in accordance with the service you have purchased). Sessions are filled on a first come first serve basis. You acknowledge and agree that any time missed in a session as a result of you being late for the session is deemed to be lost time and cannot be “added” on to your previously allotted time.
Monthly Coaching Calls
All monthly personal coaching calls must be completed with your coach within one (1) month of the payment date in respect of that month (e.g. if your October package allows for 2 coaching calls, both calls must be completed before the end of October). Any remaining calls will be considered to have lapsed and cannot be carried over unless otherwise agreed to in writing by your coach. Failure to complete all coaching calls within this timeframe does not relieve you of obligations to pay fees, late charges and any other monies due under this agreement in full.
Personal Coaching Hold Policy
If you are not able to train or exercise for an extended period of time, we are able to place your account on hold for up to 60 days, subject to the following terms and conditions: (a) communicate with your coach before notifying us of your intent to place your account on hold to discuss possible solutions and resources with your coach, (b) please notify us by email of your request to email@example.com at least 30 days in advance along with the requested time to place your account on hold, (c) your 30 day notice period will begin on the date you contact us to request the hold, (d) the hold period will begin at the end of those 30 days (the last date of your active coaching), (e) if you do not need or wish to continue coaching through the 30 day notice period, your payment for the following 30 days (or whatever portion of it you won't be given a training plan) can be credited to your account and applied to your first 30 days of coaching when you reactivate your account, (f) you are responsible to pay all fees and charges accrued up to and including your effective hold date and any balance remaining outstanding is your responsibility and must be paid in full before the effective hold period begins, (g) no additional start up fee is required if you reactivate your account within the hold period, (h) you are allowed one hold period during any given 12 month period (or 12 months of personal coaching following the first full year of registration).
If you sustain an injury or disability that results in you being unable to train or exercise for an extended period of time, we are able to place your account on medical hold for up to 120 days, subject to the following terms and conditions: (a) please notify us of your injury or disability as soon as possible by emailing us at firstname.lastname@example.org and include a letter or other suitable documentation from your physician stating that you are unable to train along with your expected date of return to activity, (b) the medical hold will go into effect on the date of your written request and you will not be billed any further fees beyond the current billing period, (c) no additional start up fee if your account is reactivated within 120 days of your hold request.
If your hold period has expired and you would like to rejoin our program, please contact us at email@example.com. Please note any reinstatement that is requested after the hold period has expired will incur a discounted start up fee of US$49. This covers the amount of time that will be spent back and forth with your coach to get your training going again.
We will confirm any hold/reinstatement requests by email as quickly as we can. If you do not receive a confirmation email from us within two business days, please contact us again to ensure we received your email.
eGift Cards may only be redeemed toward the purchase of eligible goods, products and/or Services offered on or through the Website. To redeem your eGift Card, please contact us at firstname.lastname@example.org along with the eGift Card redemption code and indicate the desired Service you wish to purchase.
You acknowledge and agree that eGift Cards expire one year from date of purchase, not date of receipt. Your account balance includes the total remaining balance of all eGift Cards that have been applied to your account but not yet applied to a purchase. Purchases are deducted from your balance and any invoices provided to you will reflect your outstanding balance. Any unused eGift Card balance will remain associated with your account up to one year from date of purchase of the applicable eGift Card unless otherwise agreed to by you and the Company in writing. If a purchase exceeds your balance, the remaining amount must be paid with another payment method accepted by the Company. To obtain the current balance of your account, please email the Company at email@example.com.
Your eGift Card balance cannot be used to purchase other eGift Cards. eGift Cards or any portion thereof cannot be resold, transferred for value or redeemed for cash. Each eGift Card purchased will be assigned a unique redemption code. The risk of loss and title for eGift Cards pass to the purchaser upon our electronic transmission of the eGift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any eGift Card is lost, stolen or destroyed or your balance or any eGift Card is used without your permission.
You agree and understand that it is your responsibility to keep up to date and abide by all current policies, regulations and rules of the International Olympic Committee, World Anti-Doping Agency, International Triathlon Union, World Triathlon Corporation, United States Olympic Committee, Canadian Olympic Committee, British Olympic Association, British Triathlon, USA Triathlon, Triathlon Canada (or any other National Governing Body or Triathlon Association/Organization in your country of residence and/or citizenship), including those surrounding the non-use of performance enhancing drugs, including any banned substances.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, the materials and any advice provided to you from the Company through any means, the techniques and methodologies utilized by the Company and its staff in rendering the Services provided to you either directly or through the Website and the substance of the communications between you and the Company, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by the laws of the Cayman Islands and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Terms and Conditions permit you to use the Website and use the Services offered by the Company for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website or through the Services provided to you by the Company, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (b) you may store files that are automatically cached by your Web browser for display enhancement purposes, (c) you may print or download one copy of a reasonable number of pages of the Website or one copy of the materials made available to you through the Services being provided to you for your own personal, non-commercial use and not for further reproduction, publication or distribution, and (d) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the applicable end user license agreement for such applications.
You must not, either through the Website or through the Services provided to you by the Company: (a) modify copies of any materials or content, (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the materials or content, or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of any content or materials.
You must not access, or use for any commercial purposes, any part of the Website or materials made available to you through the Services provided to you by the Company. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately, all Services provided to you by the Company will terminate 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 any content on the Website or through the Services provided to you by the Company is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website and any materials or advice provided to you by the Company not expressly permitted by the Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark and other laws.
The term “Triformations”, the domain name www.triformations.com, the Triformations logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written consent of the Company.
The Company respects the intellectual property of others, and asks its users to do the same. The Company may, in appropriate circumstances and in its sole discretion, terminate the rights of any user to use the Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact the Company at firstname.lastname@example.org and include the following information: (a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner, (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works), (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Company to locate the material on the Website, (d) your name, mailing address, telephone number and email address, (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and (f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please send us a counter-notice. Notwithstanding any dispute between the parties with respect to a proposed copyright infringement, the Company shall retain the right to make a final decision as how best to proceed, in the manner solely determined by it (irrespective what may be applicable at law).
Content on Website
The information presented on or through the Website 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 to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third party licensors, syndicators, aggregators and/or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. 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.
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
You may use the Website only for lawful purposes and in accordance with the Terms and Conditions. You agree not to use the Website as follows: (a) in any way that violates any applicable local, international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Cayman Islands or any other Country), (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise, (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in the Terms and Conditions, (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation, (e) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing), or (f) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to: (a) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website, (b) use any robot, artificial intelligence, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, (c) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent, (d) use any device, software or routine that interferes with the proper working of the Website, (e) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, (g) attack the Website via a denial-of-service attack or a distributed denial-of-service attack, and (h) otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the content standards set out in the Terms and Conditions.
User Contributions posted to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, 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: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and (b) all of your User Contributions do and will comply with the Terms and Conditions.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, affiliate or service provider, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to: (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion, (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company, (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, and (e) terminate or suspend your access to all or part of the Website and the related Services or any portion thereof at any time and without notice for any or no reason, including without limitation, any violation of the Terms and Conditions.
We have the right, without limiting the foregoing, to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU AGREE WAIVE, INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review User Contributions before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Testimonial and Photo Release
You hereby grant to the Company and its affiliates the right to use your name, biographical information, photographs, images, story and/or testimonial, in whole or in part, and without restriction as to changes or alterations. The rights granted herein shall extend in perpetuity, unless revoked in writing to the Company by you, for any purpose whatsoever, including without limitation for marketing and advertising purposes of the Company, and in any and all media, including without limitation, the Website. You acknowledge and understand that the Company has no obligation to return any photographs or images to you. You hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by the Company, including without limitation any and all claims for libel or invasion of privacy.
Links and Social Media Features
You may link to our website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent. The Website may provide certain social media features that enable you to: (a) link from your own or certain third party websites to certain content on the Website, (b) send e-mails or other communications with certain content, or links to certain content, on the Website, or (c) cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you, (b) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, (c) link to any part of the Website other than the homepage, or (d) otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of the Terms and Conditions.
The Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms and Conditions. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our absolute and sole discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use applicable to and for such websites.
Third Party Products and Services
You may order services, merchandise or other products through the Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. The Company makes no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider the Company (and the Company will not be construed as) a party to such transactions, whether or not the Company may have received some form of revenue or other remuneration in connection with such transactions, and the Company will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
The Terms and Conditions will be governed in all respects by the laws of the Cayman Islands. Any dispute, controversy or claim arising out of, relating to or in connection with the Terms and Conditions, including any question regarding its existence, validity or termination, or regarding a breach thereof, will be referred exclusively to and finally settled exclusively by arbitration under and in accordance with the rules of the International Chamber of Commerce. The place of arbitration will be George Town, Grand Cayman and the award will be deemed to have been made there. The arbitral tribunal will, if the dispute to be arbitrated is between two parties, consist of three arbitrators, one appointed by each party and the third who will act as Chairman of the tribunal by the two parties jointly, or by the International Chamber of Commerce if the two parties cannot reach agreement upon the Chairman. If the dispute to be arbitrated is between three or more parties, the arbitral tribunal will consist of one arbitrator selected by the International Chamber of Commerce. The language of the arbitration shall be English and the award will be final and binding upon the parties and judgement upon the aware may be entered in any court having jurisdiction. The parties agree that the courts of the Cayman Islands will be competent to enforce the judgement of the aforementioned arbitral tribunal to decide upon matters not capable of being submitted to arbitration.
By using the Website in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce the arbitration provisions of the Terms and Conditions, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small claims court actions) may be commenced only in the Cayman Islands. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
The Website is controlled, operated, and administered by the Company from its offices within the Cayman Islands. The Company makes no representation that the materials on the Website are appropriate or available for use at other locations outside of the Cayman Islands. You may not use the Website or export the content or materials in violation of any laws and regulations. You are solely responsible for compliance with all local laws, restrictions or regulations in relation to your use of the Website as may be applicable to you in your location.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet and/or the Website 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. 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, hold harmless and, at our option, defend the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and disbursements) arising out of or relating to your violation of the Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, Services and products other than as expressly authorized in the Terms and Conditions or your use of any information obtained from the Website.
Health and Fitness Disclaimers
You are urged and advised to seek the advice of a qualified physician before beginning any training, weight loss or exercise program.
You acknowledge that the Company makes no warranties and does not guarantee individual results. You are personally responsible for the achievement of individual performance goals, not the Company. You further understand and acknowledge that athletic training or participating in triathlon or any other endurance sport, including but not limited to, strength training and performance testing, is a challenging test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss.
You understand and agree that you assume the risk of participating in the training and activities recommended by the Company, its agents and representatives. You certify that you are physically fit and sufficiently trained for participation in such training and activities and that you have not been advised against participation by a qualified health professional or your physician. You further agree that you have your own individual healthcare insurance coverage in your country that will cover any medical expenses which you may incur.
THE CONTENT OR SERVICES WE PROVIDE THROUGH THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF: (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 OR THE EMERGENCY NUMBER APPLICABLE TO YOUR LOCATION, IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE OUR CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US. THE COMPANY IS NOT A HEALTHCARE PROVIDER OR BUSINESS ASSOCIATE OF A HEALTHCARE PROVIDER.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE OR ANY SERVICES PROVIDED BY THE COMPANY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in the Terms and Conditions 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 the Company to assert a right or provision under the Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions 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 and Conditions will continue in full force and effect.
The Company may assign its rights and obligations under the Terms and Conditions. These Terms and Conditions will inure to the benefit of the Company’s employees, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of the Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Third Party Rights
Only you and the Company shall be entitled to enforce the Terms and Conditions. No third party shall be entitled to enforce any of the Terms and Conditions.
Last Modified: 14 October 2016