Terms of Use

Welcome to YourSportsTrainer.com!

Welcome, and thank you for visiting our YourSportsTrainer.com website. The YourSportsTrainer.com (“YST,” “we,” or “us”) and its affiliates are excited and happy to provide this online service along with the services and information available in it as part of our mission to motivate help people meet their fitness goals.  The yoursportstrainer.com website (the “YST Site”), YST affiliate and distribution partner websites, and other websites where users are permitted to link, connect and distribute content in accordance with these Terms of Use  are referred to collectively as the “Sites”.  These Terms of Use will be updated from time to time, so you should check back frequently to read the most recent Terms.

1. Acceptance of Terms of Use

It is our pleasure to provide the YST sites, services offered, information and products for your personal use (collectively, the “Services”). To enjoy our website, you must agree to and follow the terms and conditions set forth in these Terms of Use (“Terms of Use” or “Terms”). By visiting the YST website (whether or not you are a registered member), or using any of the YST Services on any of the Sites, you are agreeing to these Terms.

Please take a moment to read through these Terms carefully. If you have any questions or comments about these Terms, please contact us at support@YourSportsTrainer.com.

From time to time and at its sole discretion, YST may change these Terms at any time. All changes shall be effective upon posting the new Terms on the YST Site. Your continued use and any visits after posting the new Terms of this Website will mean acceptance of any changes we make to the Terms of Use.  Therefore, it is important that you read this page regularly to ensure that you are familiar with the most updated Terms.

2. Use of the YST Content and Services

The contents of the YST Site, such as text, images, videos, graphics, animation, information obtained from YST’s licensors, and other material contained on the YST Site (“Content”) are for informational purposes only.

YST is pleased to grant you a limited license to view the Content and to use the YST Services for personal, non-commercial purposes as set forth in these Terms.  You should be aware that this Site is not intended or designed to attract children under the age of thirteen (13).  It is highly recommended that all use by minors should be monitored by a parent or guardian.  We do not collect personally identifiable information from any person we actually know is a child under the age of thirteen.

You must not remove, interfere with, alter, or circumvent any trademark, copyright, or other proprietary marks and notices associated with the Content. The copying, duplication, downloading, reproduction, archiving, uploading, modification, translation, distribution, publication, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by YST in writing.

You may not incorporate the Content into any software or hardware application. This restriction applies even if you intend to give away the derivative materials free of charge.

You agree that YST owns and retains all rights to the Content and Services. You further agree that the Content and Services provided to you and other users as part of the Services is owned by YST and YST’s licensors. The Content and Services are protected by trademark, copyright, and other intellectual property laws.

3. Seek Medical Advice BEFORE Performing Physical Activity – YST Does Not Provide Medical Advice

It is highly recommended that all users of YST seek professional medical advice before attempting any exercises, drills and workouts obtained or referred from YST.  Use of Content and Services are to be used at your own risk.

Content and Services are not intended to be substituted for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or physical condition. Never discount professional medical advice or postpone in seeking professional advice because of something you have read or viewed on the YST Site.

4. Your Responsibilities

To help keep the Content and Service and safe and available for everyone to use, we all need to be smart and work within common sense guidelines. In general, the Content and Services must only be used for lawful and appropriate purposes only. You agree not to use the Content and Services in such a way that:

• violates the rights of others including copyright, trademark, patent, trade secret, privacy, publicity, or other proprietary rights;
• encourages illegal behavior or conduct that would constitute a criminal offense or give rise to civil liability;
• interferes with any party’s use and enjoyment of the Content and Services;
• violates these Terms or any guidelines or policies posted by YST;
• attempts to collect personally identifiable information in violation of YST’s Privacy Policy;
• attempts to introduce viruses or any other software code, programs, files that suspend, destroy, or limit the functionality of any computer software, hardware, network, or telecommunications equipment;
• attempts to disable, injure, impair, overload, or obtain unauthorized access to the Content or Services, including YST’s computer network, servers, database, or user accounts;
• uses any means or technology access the Content or Services that is not authorized by YST (including by circumventing or disabling any Content protection intended to prevent the unauthorized download, reproduction, scanning, stream capture, linking or distribution of the Content or Services);
• involves accessing the Content or Services through any automated means, including “spiders,” “robots,” or “offline readers” (other than by search engines where the sole purpose of, and only to the extent necessary for, creating publicly available search indices of Content or Services that are currently available to the public and not member only Content and Services);
• attempts to disable, remove, modify, suspend or otherwise impair any advertising in connection with the Service.

4. Privacy Policy

Your privacy is of utmost importance to us, and we will take it seriously. All personally-identifiable information that you submit will solely be used to provide your requested service, product, or information.  We will not sell, rent, license or share your personally-identifiable information including your e-mail address.  Non-personally identifiable data may be collected in aggregate form to improve the YST. We may automatically gather limited general information including, but not limited to, the domain name, the previous third party IP address which you enter our site, which YST pages you visit and the amount of time spent on those pages.

5. No Spam/ Unsolicited Communications

No one may use the Content or Services to acquire information about users for the purpose of sending, or to encourage or facilitate the sending of unsolicited bulk emails or other communications. You understand that we may utilize any technical solutions to prevent spam or unsolicited bulk communications from our system and networks.

You acknowledge that any attempt to send spam, advertising, or other unsolicited communications of any kind through the YST Services including comments and posts will have caused substantial harm to YST.  The amount of such harm would be difficult to measure, so as a reasonable approximation of such harm, you agree to pay YST $25 for each such unsolicited communication you send through the YST Services and systems.

6. Cookies

YST may place a cookie on your computer to improve YST and your YST experience or to track site activity.  We store cookie data in aggregate form only.  Our session cookies are temporarily stored on your computer and cease when you exit YST.  Permanent cookies may be assigned only to users who link the site from a search engine and are used only to permit Fee Disclosure to attract qualified users to the site.

7. User Registration and Accounts

We may offer various Services and features that require the user to create their individual user account on the YST Site. Should you choose to register or create a user account with us, the following additional terms and conditions set forth will also apply.

• All registration information that you submit must be accurate and updated.
• Please keep your password confidential, including to all YST representatives.
• You are responsible for any and all use on your account, including unauthorized use by any third party. Clearly, it is critical that you do not share or reveal your password with anyone. Please notify us immediately of any suspected unauthorized use of your account.
• You may terminate your account by emailing YST.  Please provide a valid reply email address and phone number in the event we require additional information to terminate your account.

We reserve the right to immediately cancel your account or your use of YST without notice or liability, at any time, if YST determines, in its sole discretion that you have breached these Terms, violated any law, regulation, or rule, engaged in other inappropriate behavior, or for any other business reason.

8. Content and Services that Require Fees

Features of YST Content and Services may require a subscription or fee payment for access, as described in the specific conditions where those products and services are offered. You agree to pay all fees and charges that you incur.  We may, at any time, upon notice if required by applicable laws, change the amount of any subscription, fee or charge, or establish new fees or charges. All payments are due in accordance with payment terms in effect at the time the fee or the charge becomes payable. Any termination of Services which has received payment for such Services will not refunded, unless YST, at its sole discretion, chooses to refund full or partial payments.

9. Suspension, Modification and Discontinuation of YST Content and Services

At any time, we may change, suspend, or discontinue — temporarily or permanently —all or some of the Content or Services with respect to any or all users without notice. You acknowledge that YST may do so at YST’s sole discretion. You also agree that YST will not be liable to you for any suspension, modification, or discontinuance of Services.

10. User Comments, Reviews, Articles and Other Material

As part of the YST system, users may have an opportunity to submit, publish, transmit, or otherwise post (collectively, “Post”) comments, articles, reviews, personally identifiable information, or other materials (collectively, “User Material”).  To keep YST pleasant for all of our users, you must adhere to the following terms.

Please carefully review and select the User Material that you Post and limit yourself to User Material that is relevant to the YST Services.  Importantly, you must not Post User Material that: (a) contains unsuitable material as defined as defined in Terms of Use, or (b) dishonestly claims the identity of another person or entity.  Extreme caution must be used if you decide to Post personally identifiable information, such as your full name, email address, street address or telephone number.

You either must be, or have previously obtained permission from, the rightful owner of any User Material you Post.  By submitting User Material, you represent and warrant that you own or otherwise have the appropriate right of the User Material and grant YST the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including publicity rights, privacy rights, and intellectual property rights.  In addition, you agree to pay for all fees, royalties and other payments owed to any party by reason of your Posting User Material.  YST will remove all User Material if we are properly notified that such User Material infringes on another party’s rights. Additionally, you acknowledge that YST does not guarantee any confidentiality with respect to any User Material.

YST does not claim any ownership rights to User Material that you Post. After posting your User Material, you continue to retain all of the same ownership rights you had prior to your Posting. By posting your User Material, you grant YST a limited license to display, use, distribute, reproduce, modify, add to, delete from, prepare derivative works of, publicly perform, and publish such User Material worldwide in perpetuity, in any media formats and any media channels now known or hereinafter created.  The license that you grant to YST is non-exclusive; you are not prohibited by us from licensing your User Material to anyone else in addition to YST.  This license is fully-paid, and royalty-free.  YST is not required to pay you for the use of your User Material.  In addition, this license is sub-licensable in that YST is able to use its subcontractors, affiliates, and other partners to provide the YST Services.  By posting your User Material, you also hereby grant each user of the YST Services a non-exclusive limited license to access your User Material, and to display, use, distribute, reproduce, and perform such User Material as permitted through the functionality of the YST Services and under these Terms of Use.

Third Party Posts

Despite the Terms of Use restrictions and policies, please be aware that some material provided by users may be inaccurate, objectionable, unlawful, or inappropriate. YST does not endorse any User Material, and User Material that is posted and does not reflect the policies or opinions YST.  We reserve the right, but have no obligation, (a) to monitor User Material, and (b) to remove or restrict User Material that we determine, at our sole discretion, is inappropriate or for any other business reason.

In no event does YST assume any liability or responsibility whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies that you may have against YST with respect to such User Material.  However, you can help us by notifying us of any unlawful or inappropriate User Material you find.

11. Third Party Websites and Advertising

If we provide banners, pointers or links to other websites, you should not assume or infer that YST owns, operates, controls, or is otherwise connected with these websites. When you click on a link within the YST Services, you may be directed to an outside webpage. YST will not provide warning to you that you have left YST Services and are then subject to the terms and conditions, including privacy policies, of the destination website.  For some instances, it may be less obvious than others that you have left YST and arrived at another website.  Be careful to review the terms of use and privacy policy of any website before you engage in any transactions or provide any confidential information. You should not rely on these Terms of Use for another website.

YST is not responsible for the practices or content of any website other than the YST Site, even if it links to the YST Site and even if the website is operated by a company affiliated or otherwise connected with YST.  By using the YST Services, you agree and acknowledge that YST is not responsible or liable to you for any content, products or other materials served and hosted from any website other than the YST Site.

Advertisements

YST claims no responsibility or liability for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers.  Any and all dealings that you have with advertisers found while using the YST Services are between you and the advertiser.  You agree that YST is not liable for any claim or loss that you may have against an advertiser. Additionally, you agree that YST may display promotions and advertisements of all kinds in and with the services.

13. Rights You Grant to YST

Account Access

To ensure that YST is able to provide high-quality services that are responsive to users’ needs, you agree that YST employees will have access to your account and records as reasonably needed to investigate complaints and system quality related issues.

Merger or Acquisition

To ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of an individual website owned by YST, or sale of all or substantially all of YST’s assets, YST may transfer your User Material, which includes your personally identifiable information to a third party as a part of such merger, acquisition, reorganization, or sale.

14. No Third Party Engagements with Trainers, Marketing Partners and Users

YST will not engage itself in/ or with the representations or agreements and between users/ members and other third parties.

15. Accuracy of Information

All information and content is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.  YST makes only some effort to ensure that accurate content is provided through this Site.  If you know of any corrections required, please contact us so that we may make the necessary changes. YST makes neither warranties nor representations as to the accuracy, timeliness, reliability or completeness of any such information. Additionally, YST will not make any commitments and further disclaims any duty to update such information.

YST may permit other third parties to provide information and testimonials, including references and personal pages to their own site, products and services.  This Site may also post articles and other content provided by third parties.  You acknowledge that the recommendations and opinions of third parties contained in this Site may not be endorsed or necessarily those of the YST.

16. TRADEMARKS

YST, www.YourSportsTrainer.com, the YST logo, and other YST graphics, videos, marks, logos, scripts, and sounds are trademarks of YST. YST trademarks may be copied, downloaded, or otherwise exploited.

17. DISCLAIMER OF WARRANTIES, LIMITATION OF INDEMNITY AND LIABILITY

WE STRIVE TO ENSURE THE OPTIMAL PERFORMANCE OF THE YST SERVICES. HOWEVER, YOU AGREE THAT USE OF YST SERVICES IS AT YOUR OWN RISK.  YST SERVICES, INCLUDING THE YST SITE AND THE OTHER SITES, THE CONTENT, USER MATERIAL, OTHER MEMBER CONTENT AND ANY OTHER MATERIALS CONTAINED IN OR PROVIDED THROUGH THE YST, ARE PROVIDED “AS IS” WHICH MAY UNITENTIAONALLY CONTAIN ERRORS OR OMISSIONS. ALL YST SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YST DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE YST SERVICES WILL BE CONTINUOUS OR UNINTERRUPTED, FREE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, RELIABLE OR ERROR FREE.

IN NO EVENT SHALL YST OR ITS AFFILIATES, ASSIGNS, SUCCESSORS AND EACH OF THEIR RESPECTIVE INVESTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND AGENTS (COLLECTIVELY, THE “YST PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE YST SERVICES (INCLUDING ANY INFORMATION, CONTENT, SERVICES, OR PRODUCTS ADVERTISED OR MARKETED IN, PROVIDED, OR OBTAINED THROUGH THE YST), WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORY, EVEN IF THE YST PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS YST PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, EXPENSES INCLUDING REASONABLE ATTORNEY’S FEES AND ASSOCIATED COSTS, AND OTHER LOSSES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF YST SERVICES.

18. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Information, Content, User Material, or other material provided through the YST Services, including through a web link, infringes your copyright, you should notify YST of your infringement claim. YST will process each notification of alleged infringement to take appropriate action in accordance with applicable laws. Please send a notification of alleged copyright infringement to YST at support@YourSportsTrainer.com.

19. GENERAL INFORMATION

Governing Law

These Terms of Use are governed by, and construed in accordance with, the laws of the State of Florida, USA without giving effect to principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts located in the Palm Beach County of the State of Florida.

Since YST may be accessed internationally, you agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

No Waiver/Reliance

If you see other users or parties violating these Terms, please let us know at support@YourSportsTrainer.com. How YST may respond to a party that is violating these Terms may differ depending on the circumstances.  This will be determined after carefully analyzing all of the facts and circumstances of a particular case.  Even though YST may delay enforcing or exercising any right or remedy under these Terms of Use, this shall not constitute a waiver of such right or remedy for any party or deem a constructive amendment of Terms.

Integration, Amendment, and Severability

You acknowledge that these Terms of Use constitute the entire legal agreement between you and YST, and govern your use of the YST Services (however, this excludes any services that YST may provide to you in a separate, signed written agreement), and completely replaces any prior agreements between you and YST in relation to the use of YST Services.  These Terms of Use may not be varied or amended except by a written signed agreement by YST.  If any provision of these Terms of Use is deemed to be unlawful, unenforceable, or void, all parties agree that the provision will be deemed severable from these Terms of Use and will not affect the enforceability and validity of any remaining provisions.