Effective: July 15, 2018
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Train Co. may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH TRAIN CO. ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate location-specific disclosures (e.g., a particular event hosted by Train Co. in your area) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Train Co. may amend the Terms from time to time. Amendments will be effective upon Train Co.'s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Train Co. changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Train Co. written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Train Collegiate, LLC (the name and current contact information for the registered agent are available online), or (b) by email from the email address associated with your Account to: firstname.lastname@example.org, with the subject line titled: "Rejection of Train Co. Terms". In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Train Co. on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Train Co., and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Train Co. by someone else.
a.Agreement to Binding Arbitration Between You and Train Co.
You and Train Co. agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, shall be settled by binding arbitration between you and Train Co., and not in a court of law.
You acknowledge and agree that you and Train Co. are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Train Co. otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Train Co. each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
b.Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Georgia.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitration will go before one (1) Arbitrator. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Georgia and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
d.Location and Procedure.
Unless you and Train Co. otherwise agree, the arbitration will be conducted in the county in which Train Co.’s principle place of business is located. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Train Co. submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The Arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, inaccordance with the law(s) that applies to the case.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Train Co. changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Train Co. written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Train Collegiate, LLC (the name and current contact information for the registered agent are available online), or (b) by email from the email address associated with your Account to: email@example.com, with the subject line titled: "Rejection of Train Co. Arbitration Terms". In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Train Co. in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
h.Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
The Services are comprised of mobile applications and related services (each, an "Application"), which enable users to arrange and schedule sports training and/or coaching services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Train Co. or certain of Train Co.'s affiliates ("Third Party Providers"). Our Services offer tools, resources and a venue, via the Train Co. mobile application (the “Train Co. App”), to connect those seeking athletic training/coaching lessons (“Lesson Recipient(s)) with College Athletes seeking to provide coaching services (“Coach(es)”). Train Co.: (a) does not employ, recommend or endorse any users and has no control over the acts or omissions of any users; (b) is not responsible or liable in any manner for the performance or conduct of any users or other third parties online or offline; (c) makes no representations or warranties about the quality of the services provided by any user or about your interactions or dealings with other users except as expressly stated on our Services; and (d) although Train Co. conducts background checks on Coaches seeking to provide coaching services, makes no representations or warranties as to the athletic status of Coaches using the Train Co. App and purporting to be a current college athlete. Regardless of whether Train Co. screens users or performs a background check, you should exercise caution and perform your own screening before connecting or meeting with any other user through our Services, entering into a contract or agreement with any other user or obtaining any services.
The Services are also comprised of assistance with NCAA compliance for Coaches. Specifically, Train Co. informs users of applicable NCAA rules associated with conducting sports coaching or training lessons and receiving compensation. Additionally, Train Co. provides Coaches’ compliance departments the necessary documentation containing the details of each lesson, including the names of the Lesson Recipient(s) and Coach(es), the sport, the location of the lesson, the amount paid, the name of the Payor, and the date and time of the lesson. Users understand that this documentation can and will be monitored by compliance offices, the NCAA, and Train Co. Further, Users understand that compliance offices and the NCAA can monitor all user activity within the Train Co. App upon request, including payments received, in-app communications, etc. Train Co.: (a) is not responsible or liable in any manner for a Coach’s violation of NCAA rules; (b) is not responsible or liable in any manner for a Coach’s improper use or attempted improper use of the Train Co. App or related services; (c) is not responsible or liable in any manner for a Payor’s, Lesson Recipient’s or any user’s improper use or attempted improper use of the Train Co. App or related services, including improper payments or misrepresenting Lesson Recipient identities; and (d) makes no representations or warranties as to a compliance office’s usage of the Services rendered by Train Co. (i.e. providing these offices with lesson documentation). Coaches are responsible for: (a) actually conducting and completing lessons/training sessions before receiving payment; (b) setting an NCAA compliant hourly rate, which must be commensurate to the going rate for similar services in the Coach’s locality; (c) conducting all lessons/training sessions in locations other than a Coach’s University or College facilities; (d) ensuring their compliance offices are either using Train Co. Services to obtain the necessary lesson documentation, or using an alternate means of obtaining this documentation for each lesson; (e) if providing instruction or lesson/training services to more than one Lesson Recipient, providing instruction to each individual comparable to the instruction that would be provided during a private, one-on-one lesson/training session; and (f) not using his or her name, picture, or appearance to promote or advertise the availability of lesson/training sessions.
Train Co. hereby expressly disclaims, and you hereby expressly release Train Co. from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions or dealings with other users, including any acts or omissions of users online or offline and any NCAA investigations or violations. All use of our Services is at your sole and exclusive risk.
Our Services may be used to help obtain or offer coaching/lesson/training services provided by users and to facilitate payment for such services. However, users transact solely between themselves and Train Co. is not a party to any transactions between users, with the exception of those specific amounts that are paid directly to Train Co. as a result of users’ use of Train Co.’s Services. Train Co. hereby expressly disclaims, and you hereby expressly release Train Co. from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between you and any other users or third parties.
If you offer coaching services, the first and all future bookings with Train Co. users must be booked via our Services. Failure to abide by this policy may result in suspension from our Services.
Subject to your compliance with these Terms, Train Co. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications, including the Train Co. App, on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Train Co. and Train Co.'s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Train Co.; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
c.Third Party Services and Content.
The Services and all rights therein are and shall remain Train Co.'s property or the property of Train Co.'s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Train Co.'s company names, logos, product and service names, trademarks or services marks or those of Train Co.'s licensors.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of ageto obtain an Account. Account registration requires you to submit to Train Co. certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Train Co. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Train Co. in writing, you may only possess one Account. Further, by using our Services and creating an Account, you represent and warrant that you: (a) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (b) will not offer coaching/lesson/training services from more than one Train Co. account without our express permission, and (c) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
b.User Requirements and Conduct.
The Services are not available for use by persons under the age of 18 (unless such use involves a minor receiving coaching or training lessons in connection with their parent or guardian's use of the Services). You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful and NCAA compliant purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to any other user or party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
c.Email, Electronic Communications, Text Messaging and Telephone Calls.
d. Referrals and Promotional Codes.
Train Co. may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Train Co. establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Train Co.; (iii) may be disabled by Train Co. at any time for any reason without liability to Train Co.; (iv) may only be used pursuant to the specific terms that Train Co. establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Train Co. reserves the right to withhold or deduct vouchers or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Train Co. determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Train Co.’s Terms.
e.User Provided Content.
Train Co. may, in Train Co.'s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Train Co. through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Train Co., you grant Train Co. a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Train Co.'s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Train Co. the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Train Co.'s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Train Co. in its sole discretion, whether or not such material may be protected by law. Train Co. may, but shall not be obligated to, review, monitor, or remove User Content, at Train Co.'s sole discretion and at any time and for any reason, without notice to you.
f.Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Train Co. does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
a.Charges and Fees.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Train Co. will receive and/or enable your payment of the applicable Charges for services or goods obtained or rendered through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include lesson request fees, lesson fees, processing fees, background check and profile activation fees, and fees paid to Coaches.
All Charges and payments will be enabled by Train Co. using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Train Co. may use a secondary payment method in your Account, if available. If no payment method is available, you will either be prevented from using the Services or contacted by Train Co. to submit any unpaid amounts owed to Train Co. or Coaches. Charges paid by you are final and non-refundable, unless otherwise determined by Train Co.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Train Co. Account, you can do so at any time by logging into your Account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your coaching sessions or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Coaching sessions are subject to availability, and we reserve the right to cancel all or part of a coaching session and to discontinue making certain coaching services available through our Services without prior notice.
As between you and Train Co., Train Co. reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Train Co.'s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may vary and Charges will vary based on number of Lesson Recipients, duration of the lesson, and the Coach’s hourly rate. Train Co. will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Train Co. may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you will be required to forfeit the fee incurred upon submitting a lesson request, if the cancellation occurs within 24 hours of the scheduled start time for the lesson. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Train Co. may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to services rendered by Coaches, Charges you incur will be owed directly to the Coaches, and Train Co. will collect payment of those charges from you, via a secured payment gateway within the Train Co. App, and payment of the Charges shall be made directly by you to the Coach(es). In such cases, you retain the right to request lower Charges from a Coach upon matching and connecting with the Coach and before receiving the desired services. Charges you incur as a result of services rendered by the Coach, arising out of the use of Train Co.’s Services, will be owed to the Coach. Train Co. will respond accordingly to any request from a Coach to modify the Charges for a particular service. This payment structure is intended to fully compensate a Coach, if applicable, for the services obtained in connection with your use of the Services. Train Co. does not designate any portion of your payment as a tip or gratuity to a Coach. Tipping is not permitted through the Train Co. App or in connection with any of the Services. You understand and agree that, you will not tip or compensate a Coach beyond the amount set by the Coach within the Train Co. App.
b.Coaching/Training/Lesson Sessions; Expiration.
You may use our Services to schedule and purchase one or more coaching sessions. Any coaching sessions purchased through our Services must be scheduled and completed within one year of the purchase date. Any coaching sessions not scheduled and completed within one year of purchase are forfeited and you will not be issued a refund.
c.Specific Lesson Fees.
Coaches charge hourly rates, which will be due upon completion of each lesson. Train Co. charges a percentage of a Coach’s hourly fee, which is added to the total of the lesson fee. Additional fees and costs are associated with Train Co.’s secure payment gateway provider and will be incurred by users. Users are made aware of these fees prior to incurring them. Parents or Lesson Recipients are charged a fee to send a Lesson Request to Athletes. This amount, along with all other fees and Charges incurred, are non-refundable. There are, however, specific instances where Parents or Lesson Recipients will receive “Vouchers,” which is explained below. In order to access the Services, and provide coaching/lesson/training services, Coaches must pay a “Background Check and Profile Activation” fee. This amount is non-refundable, regardless of whether Train Co., in its sole discretion, denies any user’s access to the Train Co. App or the Services for any reason, including an issue found within a background check. You hereby acknowledge that Train Co. reserves the right to deny any user access to the Train Co. App and the Services, and that no user is entitled to a refund, unless otherwise agreed upon between the user and Train Co. Under no circumstances will a user be entitled to Train Co.’s consideration of a refund, unless Train Co. is contacted within two (2) days of the payment for which the user is seeking a refund takes place, or, for Coaches, from the date Train Co. notifies the Coach that he/she has been denied access due to a failed background check. Regardless, users acknowledge and understand that Train Co. is never obligated to issue a refund.
Vouchers can be used to bypass the fee incurred to send a Lesson Request. You acknowledge that there are only four (4) ways to receive a Voucher on your Account: (1) If Coaches are unable to accept your Lesson Request; (2) If a Coach cancels your Lesson Request at any time, for any reason; (3) If you cancel your Lesson Request more than 24 hours before the Lesson is scheduled to begin; and/or (4) Train Co. conducts a promotion offering users a Voucher. You acknowledge that Vouchers cannot be redeemed or exchanged for U.S. currencyand cannot be assigned to other users.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TRAIN CO. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TRAIN CO. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TRAIN CO. DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR COACHES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
TRAIN CO. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF TRAIN CO., EVEN IF TRAIN CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TRAIN CO. SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER, EVEN IF TRAIN CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRAIN CO. SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TRAIN CO.'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT COACHES AND ALL USERS OF THE TRAIN CO. APP AND THE SERVICES ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OF TRAIN CO., AND, THUS, TRAIN CO. IS IN NO WAY RESPONSIBLE FOR THEIR ACTIONS IN CONNECTION WITH THE SERVICES.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE COACHING/SPORTS TRAINING/SPORTS LESSON SERVICES WITH COACHES, BUT YOU AGREE THAT TRAIN CO. HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY COACHING/SPORTS TRAINING/SPORTS LESSON SERVICES PROVIDED TO YOU BY COACHES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TRAIN CO.’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON TRAIN CO.’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold Train Co. and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Train Co.'s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers, Coaches, Lesson Recipient(s), and all other users.
Assumption of Risk
You assume all risks when using our Services, including all of the risks associated with interactions with other users. You agree to take all necessary precautions when interacting with other users.
a.Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Georgia, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Georgians to assert claims under Georgia law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Georgia law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Georgia law to you if you do not otherwise reside in Georgia. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
b.Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Train Co.'s designated agent, which can be found online.
Train Co. may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Train Co., with such notice deemed given when received by Train Co., at any time by first class mail or pre-paid post to our registered agent for service of process, c/o Train Collegiate, LLC. The name and current contact information for the registered agent are available online.
These Terms constitute the entire agreement between you and Train Co. relating to your access to and use of our Services and your order, receipt and use of products or services made available through our Services.You may not assign these Terms without Train Co.'s prior written approval. Train Co. may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Train Co.'s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Train Co. or any other user, including Coaches, Parents, Lesson Recipients, compliance offices, universities or colleges, etc., as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Train Co.'s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Train Co. in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
a.Information You Provide to Us
We collect information you provide directly to us. The types of information we may collect include:
b.Information We Collect Automatically When You Use the Services
When you access or use our Services, we automatically collect information about you, including:
c.Information We Collect from Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including from other users, identity verification services, mailing list providers and publicly available sources. If you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information and email address, in accordance with the authorization procedures determined by such social media site.
We may use information about you for various purposes, including to:
Train Co. is based in the United States and the information we collect is governed by U.S. law. By accessing or using our Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Please note: no identifying information of any College Athlete will be shared in an effort to promote their availability for rendering coaching/training services.
The Services may offer social sharing features and other integrated tools (such as the Facebook "Like" button), which let you share actions you take on our Services with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
You may access, update, correct or delete information about you at any time by accessing your account dashboard. If you wish to deactivate your account, please visit our contact page and submit a message letting us know you would like to deactivate your account, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
When you first launch any of our mobile applications that collect location information, you will be asked to consent to the application's collection of this information. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. You may also stop our collection of location information by following the standard uninstall process to remove all of our mobile applications from your device.
Cookies and Web Storage
Most web browsers are set to accept cookies and web storage by default. If you prefer, you can usually choose to set your browser to remove or reject cookies and web storage. Please note that if you choose to remove or reject cookies or web storage, this could affect the availability and functionality of our Services.
You may opt out of receiving promotional emails and text messages from Train Co. by following the instructions in those emails or messages. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device or within our mobile applications.