Terms And Conditions
This website is operated by TrainQuility, LLC. Throughout the site, the terms, “we” “us” and “our” refer to TrainQuility, LLC. We offer this website, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and are bound by the following Terms and Conditions (“Terms”), including those additional terms and services referenced herein. These Terms apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read the Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not use any of our Services.
Any new features or tools which are added to the current website shall be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Our website store is hosted by Allure Inc. They provide us with the online e-commerce platform that allows us to see our products and services to you.
*Results May Vary: Fitness and/or weight loss results will vary from person to person. No individual result should be seen as typical. All information and tools presented within this site are intended for educational purposes. Any health, diet or exercise advice is not intended as medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider before beginning a new health care regimen; any weight loss program, exercise, training regime or any diet. Our services are not intended to diagnose, treat, cure or prevent any disease. Your participation in a program provided by our company is voluntary and is done at your own risk. There are potential health risks associated with any diet and exercise programs, and we are not responsible for any injury or damages that may occur as a result of one of our suggested programs.
Terms and Conditions
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least of the age of majority in your state or province of residence, or that you are of the age of majority in your state or providence of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site in not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCT AVAILABILITY
Our products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible, the colors and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained will meet your expectations.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We do not have any liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by relevant third-party provider(s).
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail or otherwise (collectively “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) respond to any comments.
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is incorrect.
SECTION 10 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant-ability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall TrainQuility, LLC, or our directors, officers, employees, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service.
SECTION 12- PAYMENT TERMS; SHIPPING CHARGES; TAXES
Our website store is hosted by Allure Inc, LLC. Accordingly, TrainQuility, LLC accepts only those credit cards and payment methods mentioned on Allure Inc, LLC’s website as the payment options for your purchase.
All applicable local, city and state taxes are your responsibility and will be added to the order. You agree to pay these taxes.
SECTION 13 – REFUND AND CANCELLATION POLICY
This program provides individual fitness instruction sessions designed to help achieve Client’s fitness goals.
Purchase of a Program does not provide the Client with any privileges, nor does it include the use of, or access generally to, any club, facility, activity, class, program or equipment, which privileges may be separately purchased. There are no refunds for Programs not used except as provided in this document. We make every reasonable effort to provide the coach of choice; however, we reserve the right to substitute another qualified coach with no prior notice if necessary. No refunds will be given based on the termination or resignation of any employee. Late arrival for sessions will result in forfeiture of the missed session time. Sessions which are not cancelled at least 24 hours in advance of their scheduled time will be forfeited.
Consumer Right to Cancellation:
You may cancel your program without any penalty or further obligation within 3 days from the date of purchase by written notification to: TrainQuility, 34 Woodfield drive Whippany NJ 07981, by certified or registered mail.
Additional Rights to Cancellation: You may cancel your program upon written notice, sent by certified or registered mail, for any of the following reasons:
1. If upon a doctor’s order you cannot physically receive the services because of physical difficulty for a period in excess of 12 months (must provide a doctor’s note).
2. If you die your estate shall be relieved of any further obligation for payment under this agreement not then due and owing.
All money paid pursuant to such package cancelled for the reasons contained in this subdivision must be refunded within fifteen days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full package price from the buyer.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless TrainQuility, LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforce-ability to any other remaining provisions.
SECTION 16 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of our site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 17 – CHOICE OF LAW/FORUM SELECTION CLAUSE
THE LAWS OF THE STATE OF NEW YORK WILL GOVERN THIS SALE. ANY LITIGATION THAT MAY ARISE AS A RESULT OF YOUR INTERACTION WITH US SHALL BE BROUGHT IN STATE COURT IN THE STATE OF NEW YORK.
SECTION 18 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to firstname.lastname@example.org
TrainQuility, LLC – Intellectual Property
The following is a non-exhaustive list of TrainQuility, LLC’s trademarks.
The absence of a product or service name or logo from this list does not constitute a waiver of TrainQuility LLC’s trademark or other intellectual property rights concerning that name or logo.
TrainQuility, LLC’s trademarks:
TrainQuility™ (Brand name of TrainQuility, LLC)
Save $100 on your next program with TrainQuility. To be eligible for $100 off your next purchase, the person you refer must provide your name in writing to email@example.com and firstname.lastname@example.org before they purchase a program. If the person fails to provide your name to email@example.com and firstname.lastname@example.org prior to purchasing a program, this referral will not make you eligible for $100 off your next program.
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at email@example.com.
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 –ALLURE INC
Our store is hosted on Allure Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Allure’s data storage, databases and the general Allure application. They store your data on a secure server behind a firewall.
For more insight, you may also want to read Allure’s Terms of Service (https://www.allureinc.co) or Privacy Statement (https://www.allureinc.co).
SECTION 5 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at
SECTION 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 – COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer,landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
PREF, persistent for a very short period, set by Google and tracks who visits the store and from where.
SECTION 8 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at: firstname.lastname@example.org