Eligibility. You must be at least thirteen (13) years of age to use the Service. If you are under eighteen (18) years of age, then your parent or legal guardian must be the registered user for your account. A legally authorized parent or guardian must consent to the use of Trainer Rx by any person between the ages of 13 and 16 years. By agreeing to these Terms, you, your parent or your legal guardian, as applicable, represent and warrant to us: (i) that you are at least thirteen (13) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If Trainer Rx discovers or has reason to believe that you are not at least thirteen (13), it will terminate your account and not reinstate your account until your parent/guardian provides verifiable written consent for you to use the Service by sending such consent to the notice address provided in Section 16 or contacting Trainer Rx at firstname.lastname@example.org.
Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, address, e-mail address, telephone number or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You understand and agree that as part of the registration process Trainer Rx may use this information to verify your eligibility to use the Service. When you register, you will be asked to provide a password. You have the option to grant access to your account to your Health Care Provider [and others]. These third parties shall have access to your account until such time as you revoke this access by emailing a secure message via your Trainer Rx account to email@example.com requesting removal of that third party’s access to your account. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
Medical Advice. TRAINER RX DOES NOT GIVE MEDICAL ADVICE OR PROVIDE MEDICAL CARE. THE INFORMATION AND MATERIALS AVAILABLE THROUGH THE TRAINER RX SERVICE ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT, OR TO SUBSTITUTE FOR YOUR PERSONAL OR PROFESSIONAL JUDGMENT. NEVER DISREGARD, AVOID, OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT, AND SHOULD NOT BE USED AS, A SUBSTITUTE FOR THE ADVICE OF YOUR HEALTH CARE PROVIDER. SHOULD ANY MEDICAL ISSUE ARISE DURING YOUR USE OF THE SERVICE, YOU SHOULD CONTACT YOUR HEALTH CARE PROVIDER IMMEDIATELY. YOU ASSUME FULL RISK FOR THE USE OF INFORMATION YOU OBTAIN FROM OR THROUGH TRAINER RX. IN ADDITION, TRAINER RX DOES NOT RECOMMEND OR ENDORSE ANY PROVIDER OF HEALTH CARE OR HEALTH CARE RELATED SERVICES.
To the extent medical advice is provided to you by your Health Care Provider through the Service, such medical advice is based on your personal health data as provided by you and the local standards of care for your presenting symptoms.
Payment. You may be required to pay fees to access and use the Service or certain features of the Service, including your Trainer Rx pathway subscription. Upon your payment of such fees, your access and use of the Service shall be in accordance with the subscription term specified at the time of purchase, if any, after which Trainer Rx may cease providing such purchased pathway subscription or service. All fees are in U.S. Dollars and are non-refundable. Trainer Rx will charge the payment method you specify at the time of purchase, and you authorize Trainer Rx or its authorized third-party payment processor to charge all fees to such payment method. Trainer Rx may change the fees for the Service, or the fees for any feature thereof, at any time, and upon your renewal of your subscription or other subsequent purchase of any service from Trainer Rx, you will be charged the applicable then-current fees. Trainer Rx is not responsible for any incomplete transaction, whether due to insufficient funds or for any other reason, though Trainer Rx reserves the right to suspend or terminate your access to and use of the Service or any portion thereof, for failure to complete a payment hereunder. [If you wish to make a complaint regarding your purchase, you may do so by contacting Trainer Rx at email@example.com].
Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service; or (iii) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth; or
attempt to do any of the foregoing in this Section 4, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 4.
Procedure for Unlawful User Content.
General. If you believe that any User Content does not conform to these Terms, please notify Trainer Rx at firstname.lastname@example.org.
DMCA Notification. Trainer Rx comply with the provisions of the Digital Millennium Copyright Act (the “DMCA”) applicable to our operations (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Services, you may contact Trainer Rx at the following address:
1670 Riviera Ave. Suite 101
Walnut Creek, CA 94596
Please note that under applicable law, if you knowingly give false, misleading or inaccurate information that User Content is infringing, you may be subject to civil or criminal penalty. Any notice under the Digital Millennium Copyright Act (the “DMCA”) alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include all of the information required by the DMCA for such notices.
Third-Party Services and Linked Websites. Trainer Rx may provide tools through the Service that enable you to export information to third party services. By using these tools, and by consenting to the disclosure of Personal Data to these third party services, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, Trainer Rx, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at email@example.com.
If Trainer Rx, the health care provider and customer can communicate through the site in any unsecured manner: Secure electronic messaging is always preferred to insecure email, but under specific circumstances, insecure email communication containing protected health information (“PHI”) may take place between you and Trainer Rx or your health care provider. For your convenience, Trainer Rx lets you choose whether to receive email communications containing PHI. This email communication is not encrypted and may include message from your treatment provider, appointment reminders, treatment referrals, and prescription information.
You should consider that standard email is not a secure means of communications. There is some risk that any PHII contained in email may be disclosed to, or intercepted, printed, or stored by, unauthorized third parties. Trainer Rx cannot ensure the security or confidentiality of messages sent by email.
You will receive email communication from Trainer Rx and treatment providers. If you choose to receive PHI in emails, you authorize Trainer Rx to send you messages that include PHI.
Trainer Rx and your Health Care Provider may use and disclose any information included in your account only in accordance with applicable federal and state laws, including without limitation obtaining any consents or authorizations that may be required for your information to be shared with third parties.]
Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
Ownership; Proprietary Rights. The Service is owned and operated by Trainer Rx. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), videos, photographs, software, services, and all other elements of the Service (the “Materials”) provided by Trainer Rx are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Trainer Rx or our third-party licensors. Except as expressly authorized by Trainer Rx, you may not make use of the Materials. Trainer Rx reserves all rights to the Materials not granted expressly in these Terms.
Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Trainer Rx and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Trainer Rx Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE TRAINER RX ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. THE TRAINER RX ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE TRAINER RX ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT WILL THE TRAINER RX ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE TRAINER RX ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL TRAINER RX BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE TRAINER RX ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF AMOUNTS PAID BY YOU FOR THE APP OR FIFTY DOLLARS ($50 USD).
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law. These Terms will be governed by the laws of the State of California without regard to conflict of law principles. To the extent you are resident of the European union, then the GDPR shall apply to your Personal Data. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Trainer Rx agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such disputes. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations
Dispute Resolution and Arbitration
Generally. In the interest of resolving disputes between you and Trainer Rx in the most expedient and cost effective manner, you and Trainer Rx agree that any and all disputes arising in connection with these Terms must be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TRAINER RX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Notwithstanding subsection 13.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Arbitrator. Any arbitration between you and Trainer Rx will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Trainer Rx.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Trainer Rx's address for Notice is: Trainer Rx, Inc.,1670 Riviera Avenue, Suite 101, Walnut Creek, CA 94596. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Trainer Rx may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Trainer Rx must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Trainer Rx will pay you (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Trainer Rx in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000, whichever is greater.
Fees. In the event that you commence arbitration in accordance with these Terms, Trainer Rx will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco, California provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Trainer Rx for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND TRAINER RX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Trainer Rx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications. In the event that Trainer Rx makes any future change to this arbitration provision (other than a change to Trainer Rx's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Trainer Rx's address for Notice, in which case your account with Trainer Rx will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
Enforceability. If Subsection 13.6 is found to be unenforceable or if the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section 13 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 12 will govern any action arising out of or related to these Terms.
Contact Information. The services hereunder are offered by Trainer Rx, Inc., located at 1670 Riviera Avenue, Suite 101, Walnut Creek, CA 94596. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.
Last Updated: May 15, 2018