Terms of Service
Last Modified: March 19, 2019
This Mobile App is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Mobile App, 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 Mobile App.
Accessing the Mobile App and Account Security
We reserve the right to withdraw or amend this Mobile App, and any service or material we provide on the Mobile App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Mobile App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Mobile App, or the entire Mobile App, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Mobile App.
• If you are using the Trainer Version of the Mobile App: making all arrangements necessary for the users, with whom you will be communicating through the Mobile App, - as a result of providing them with your Trainer Code, obtained upon registration - to access the Athlete Version of the Mobile App.
• Ensuring that the information you receive from the persons you communicate with through the Mobile App is not misused, made public or viewed by unauthorized third parties.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, - not including the Trainer Code that the Trainer will receive upon finalizing his or her registration procedure that he or she is free to share with a pre-determined number of users of the Athlete Version of the Mobile App, that will be communicating with him or her through the Mobile App - you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Mobile App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you will exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Subscription Fees for Trainer’s Version of the Mobile App
If you have downloaded and are currently intent on using the Trainer’s Version of the Mobile App, the following Subscription Fee Conditions will apply to you:
• For the first 60 (Sixty) Days after your initial download of the Trainer’s Version of the Mobile App (hereinafter – “Free Trial Period”) your use of the Trainer’s Version of the Mobile App will be Free of Charge. Once the Free Trial Period is up you will only be able to continue using the Service by paying in advance for additional usage in accordance with Payment Plans provided below. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made.
• Born Tough Trainer reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.
• After the Free Trial Period the use of the Trainer’s Version of the Mobile App will be subject to the following Payment Plans:
For Trainers with up to 10 Athletes - $49.99 per user per month
For Trainers with 11 to 20 Athletes - $39.99 per user per month
For Trainers with over 20 Athletes - $34.99 per user per month
Any upgrade or downgrade in plan level will result in the new rate being charged at the next billing cycle. There will be no prorating for changes in between the billing cycles. The number of Athletes connected to a Trainer is estimated at the beginning of each new billing cycle.
• A select group of users of the Trainer’s Version of the App in the amount of $19.99 per user per month will be part of the Official Launch and will get special pricing, not to be changed throughout their use of the Mobile App - $19.99 per user per month. The Free Trial Period conditions listed above shall also apply to the members of this select group.
• Born Tough Trainer reserves the right to change its pricing terms for the Payment Plans at any time, and Company will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to the pricing terms for the Payment Plans, then you may choose not to renew your Subscription/cancel your Subscription in your Account Settings.
• Born Tough Trainer further reserves the right to provide discounts, deductions, permanent or temporary to any users of the Trainer’s Version of the Mobile App in its sole and ultimate discretion.
Intellectual Property Rights
The Mobile App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
• You may download, install and use a single copy of the Mobile App to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the End User License Agreement, such agreement to be found at _________ (Athlete’s Version) and at __________ (Trainer’s Version), both incorporated herein by reference.
You must not:
(a) copy the Mobile App, except as expressly permitted by the End User License Agreement.
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Mobile App;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Mobile App or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Mobile App, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Mobile App, or any features or functionality of the Mobile App, to any third party for any reason, including by making the Mobile App available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Mobile App.
You must not access or use for any commercial purposes any part of the Mobile App or any services or materials available through the Mobile App.
The Company name, the trademarked names “Born Tough” and “Born Tough Trainer”, the Company 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 permission of the Company. All other names, logos, product and service names, designs, and slogans on this Mobile App are the trademarks of their respective owners.
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• 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.
• To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, but not limited to, by using email addresses or other identifiers associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Mobile App, or which, as determined by us, may harm the Company or users of the Mobile App or expose them to liability.
Additionally, you agree not to:
• Use the Mobile App in any manner that could disable, overburden, damage, or impair the Mobile App or interfere with any other party’s use of the Mobile App, including their ability to engage in real-time activities through the Mobile App.
• Use any robot, spider, or other automatic devices, process, or means to access the Mobile App for any purpose, including monitoring or copying any of the material on the Mobile App.
• Use any manual process to monitor or copy any of the material on the Mobile App or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Mobile App.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Mobile App, the server on which the Mobile App is stored, or any server, computer, or database connected to the Mobile App.
• Attack the Mobile App via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise, attempt to interfere with the proper working of the Mobile App.
The Mobile App may contain Messaging Interfaces, chat rooms, personal web pages or profiles, and other interactive features and Tools (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 Mobile App, including but not limited to any exchanges of information between the Trainers and Athletes using respective versions of the Mobile App.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Mobile App, you grant us and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and to our respective licensees, successors, and assigns.
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 for the content or accuracy of any User Contributions posted by you or any other user of the Mobile App.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• 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.
• Take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Mobile App.
Without limiting the foregoing, we have the right to cooperate fully 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 Mobile App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Mobile App, 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 nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy, found at _____________ for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers of copyrights of others.
Reliance on Information Posted
THE INFORMATION PRESENTED ON OR THROUGH THE MOBILE APP 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 OR USER OF THE MOBILE APP, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
This Mobile App includes content provided by third parties, including materials provided by users of both the Athlete and the Trainer versions of the Mobile App. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by 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, including materials provided by other users.
Changes to the Mobile App
We may update the content on this Mobile App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Mobile App may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Mobile App
Linking to the Mobile App and Social Media Features
This Mobile App may provide certain social media features that enable you to:
• Link from your own or certain third-party websites or mobile apps to certain content on this Mobile App.
• Send emails or other communications with certain content, or links to certain content, on this Mobile App.
• Cause limited portions of content on this Mobile App to be displayed or appear to be displayed on your own or certain third-party websites or mobile apps.
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:
• Cause the Mobile App or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing deep linking, or in-line linking.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. 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 discretion.
Links from the Mobile App
If the Mobile App 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 or mobile apps linked to this Mobile App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or mobile apps.
The owner of the Mobile App is based in the state of Florida in the United States. We provide this Mobile App for use only by persons located in the United States. We make no claims that the Mobile App or any of its content is accessible or appropriate outside of the United States. Access to the Mobile App may not be legal by certain persons or in certain countries. If you access the Mobile App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Mobile App, including materials posted by other users, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MOBILE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY MOBILE APP LINKED TO IT.
YOUR USE OF THE MOBILE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APP IS AT YOUR OWN RISK. THE MOBILE APP, IT'S CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APP 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 MOBILE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE MOBILE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APP 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 MOBILE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 MOBILE APP, ANY OTHER MOBILE APPS, WEBSITES OR MATERIALS LINKED TO IT, ANY CONTENT ON THE MOBILE APP, 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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This Mobile App is operated by Born Tough Trainer LLC, a Florida limited liability company with its office at 3 Turtle Walk, Key Biscayne, Fl 33149.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy, found at https://borntoughtrainer.com/privacy-policy/ in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Mobile App should be directed to: [email protected]