CompTrain
Terms of Use & Privacy Policy
Version Date: 20170626

Welcome to the CompTrain Web site, which is owned and maintained by CompTrain, LLC, a Massachusetts limited liability company (“CompTrain”). CompTrain provides Users ages 13 and above with access to fitness training and coaching related information in a collaborative fashion. YOU MUST BE 13 OR OLDER to use this site. By doing so, you agree, without limitation or qualification, to be bound by, and to comply with this Agreement and any other posted guidelines or rules applicable to any CompTrain feature or service. Please do not use CompTrain if you don’t agree to any part of this agreement.

Table of Contents:

  1. Teenaged Users.
  2. Amendments to this Agreement.
  3. Definitions.
  4. Use of our Web Site.
  5. Copyright and Trademark.
  6. Payments.
  7. Cancellations.
  8. Free Trials.
  9. Privacy Policy.
  10. Third Party Links.
  11. Limitation of Liability.
  12. Disclaimer of Warranty.
  13. Indemnity.
  14. Termination
  15. Ownership; Intellectual Property.
  16. United States Copyright Act Designation.
  17. Severability; Entire Agreement; Nonwaiver.
  18. Choice of Law and Jurisdiction.
  19. Contacting CompTrain.

1. Teenaged Users.

IF YOU ARE AGE 13-17, PLEASE READ THIS USER AGREEMENT TOGETHER WITH YOUR PARENT OR GUARDIAN. YOUR PARENT OR GUARDIAN MUST AGREE TO THESE TERMS ON YOUR BEHALF. BY USING OUR SITE YOU AGREE, AND YOUR PARENT OR GUARDIAN AGREES, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY, AND TO COMPLY WITH THIS AGREEMENT AND ANY OTHER POSTED GUIDELINES OR RULES APPLICABLE TO ANY COMPTRAIN FEATURE OR SERVICE. PLEASE DO NOT USE COMPTRAIN IF YOU DON’T AGREE TO ANY PART OF THIS AGREEMENT.

  1. Amendments to this Agreement.

We reserve the right to make changes to this Agreement and to other site guidelines at any time. Any modification to this Agreement shall become effective immediately upon posting to the CompTrain site. You will be responsible to check this Agreement from time to time to see if there are any changes to that may affect your use. Continued use of CompTrain after any such change constitutes acceptance of all changes. If you do not agree with this Agreement in full, you must immediately terminate your use of this site.

  1. Definitions.

“Content” means copyrighted and patented materials and techniques owned or displayed under license by CompTrain, its parents, subsidiaries, affiliates, officers, employees, consultants and teachers, feature or group of features or which is posted to the Web site at www.CompTrain.co and any related sites owned and maintained by CompTrain by any User, including all reviews, discussions, images, text, software and other content located on CompTrain, whether generated by Users or by CompTrain.

“CompTrain Information” means any information, service, or property accessible at the Internet domain CompTrain.co or otherwise displayed on the Internet by CompTrain. This includes, but isn’t restricted to, all text, images, and software.

“Members” means paying members of CompTrain.

“Users” or “you” as used herein refers collectively to Members, and to all paying and non-paying CompTrain users alike.

  1. Copyright and Trademark Information.

Unless otherwise indicated, CompTrain claims all rights title and interest in any and all copyrights, trademarks and all other relevant intellectual property rights to Information and Content published at www.CompTrain.co and any related sites owned and maintained by CompTrain. Any unauthorized use is strictly prohibited. All Information and Content, whether branded with product/service name or logo or not, published at CompTrain.co is for your own personal and non-commercial use; any unauthorized use, disclosure, or distribution is prohibited. By accessing this site and any related sites, you represent and warrant that your use of site content will be consistent with these terms of use and will not infringe or violate the copyrights and/or intellectual property rights applicable to CompTrain.co.

  1. Use of our Web Site.

The CompTrain Information is intended for personal use by individuals. Any unauthorized commercial use of CompTrain Information or resale, repurposing, or reproduction of CompTrain Information or Content is expressly prohibited. This includes providing links to specific Content related pages other than our home page for any commercial purpose that have not been specifically authorized by us in writing as well as using the site to contact other Users for commercial purposes.

You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not CompTrain, are entirely responsible for all Content that you upload, post or otherwise transmit via our Web site. CompTrain does not control the Content posted via our Web site and, as such, does not guarantee its accuracy, integrity or quality.

The following conditions shall govern Users’ use of the CompTrain Information.

  • You agree not to reproduce, duplicate, copy, sell, resell, assign, license, sublicense or exploit any portion of the CompTrain Information, use of the CompTrain Information, or access to the CompTrain Information.
  • You agree not to attempt to bypass the authentication and security mechanisms or reverse engineer the software on this site.
  • You agree not to post any Content on this site that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) violates any applicable law or regulation, (c) impersonate any person or entity, including, but not limited to, a CompTrain official or another User, or falsely state or otherwise misrepresent your affiliation with a person or entity, (d) is defamatory, harassing, obscene or child pornographic, (e) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (f) is otherwise tortious or criminal, (g) is related to any service in connection with any junk e-mail, spam, or unsolicited messages, commercial or otherwise.
  • We reserve the right, in our sole discretion and at any time, to make any changes, modifications, amendments, alterations, and or deletions to any Content, and to any CompTrain Information.
  1. Payments.

Payments of CompTrain subscription fees and any legally required sales or service taxes will be processed by our billing service. By providing a payment method, credit/debit card or other, for your subscription, you authorize CompTrain to charge you a monthly subscription fee on a recurring basis according to your subscription plan

In the event you choose a new subscription plan, the subscription fee will be billed at the end of your free trial period (if applicable) and on each periodic renewal date thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued (pursuant to these terms).

Our billing service will automatically bill the payment form you provide upon registration with CompTrain on the calendar day corresponding to the commencement of your subscription.

To view the renewal date for your next billing period, please log into your user profile and view your subscription details there. All CompTrain subscriptions are monthly commitments and shall thus be billed on a monthly basis.

  1. Cancellation by You.

You may cancel your subscription to CompTrain’s subscription based content at any time. Your subscription will continue on a monthly recurring basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued (pursuant to these Terms). CompTrain shall not be held responsible for cancelling a customer’s subscription; you will remain responsible for your subscription fees until you cancel your subscription. You must cancel your subscription prior to your next renewal date to avoid being billed for the next billing period. Our billing service will automatically bill the periodic subscription fee plus any applicable fees to the most current payment method you have provided to our billing service. Your subscription cancellation will be effective at the end of the current billing period; this means you will retain access to CompTrain’s subscription based content until the end of that period, however you will not receive a refund of any kind. You must cancel your subscription by logging into your CompTrain account and following the instructions in your user profile. If your payment method expires and you do not update your payment information and our billing service is unable to process your invoice within seven days from the first failed payment, your subscription will expire and you will lose access to CompTrain’s subscription based content. All payments to CompTrain are final.

All changes to your account information, including your contact and financial information, must be made through your user profile.

  1. Free Trials.

CompTrain may offer certain free trials of its services from time to time. If no terms are stated at the time of the trial, the following shall govern your rights under the trial (otherwise any stated terms shall control):

  • A free trial may last for up to seven-days.
  • When a free trial ends, our normal billing practices shall govern your payment obligations. You will not receive a notice from CompTrain that your free trial is ending and you will be automatically billed for your monthly subscription to CompTrain’s subscription based content unless you cancel prior to the end of your free trial. For this reason, you will be asked to set up a valid payment method upon registration. If you wish to avoid charges to the payment method provided, you must cancel your subscription before the last day of your free trial period.
  1. Privacy Policy.

CompTrain collects personal information from you when you register at CompTrain.co and/or subscribe to subscription-based content provided by CompTrain. CompTrain does not sell, rent, nor share personal information about you without your express written permission, unless required by the laws of the United States of America or foreign law. All personal information collected during the registration process with CompTrain and/or subscribing to subscription-based content located at CompTrain.co shall be kept private and confidential; only employees and/or agents of CompTrain who reasonably need access to your personal information shall have access to your personal information. All payment information entered into CompTrain.co is transmitted to our billing service for processing and is not stored by CompTrain. CompTrain is not responsible for the use or storage of your payment information. Any payment information thus entered shall be governed by terms of use and privacy policies used by our billing service.

CompTrain reserves the right to reveal any data provided by a User or other information in its possession in cooperation with a request or investigation by any governmental body or governmental agency, or in response to a subpoena issued by any governmental body or governmental agency.

CompTrain reserves the right to examine any data provided by a User in the course of responding to any claim by a third party that a User is using the Services in connection with an infringing, illegal or improper activity or that the data infringes rights of the third party.

CompTrain reserves the right to disclose the identity of a User, or information allowing identification of a User, in response to request for identification in connection with claim of Copyright or Trademark infringement by the User.

Content posted or uploaded by Customers may be stored on computers and/or servers maintained by and in control of a third party service provider. Any expectation of privacy by a User is limited by and subject to the scope of the Service Provider’s privacy policies.

  1. Links to Third Party Sites.

This Web site may contain links to sites of third parties or affiliates outside the control of CompTrain. These links are provided as a convenience and CompTrain is not responsible for the content of any linked site or for the actions of those who may have provided the linked web site to CompTrain. A link to a non-CompTrain web site does not imply that CompTrain endorses or accepts any responsibility for the content found therein or the use of that web site.

  1. Disclaimers of Warranty.

YOU UNDERSTAND THAT YOU ARE USING COMPTRAIN ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPTRAIN MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

COMPTRAIN makes no representations or warranties about SUITABILITY OF THE INFORMATION OF THE CONTENT FOR YOUR NEEDS, the frequency with which content will be updated, or that you will be satisfied with the content that is or will be made available.

  1. Limitation of Liability.

THE INFORMATION PROVIDED VIA THIS WEB SITE IS GENERAL IN NATURE WITHOUT ANY INTENTION THAT IT BE TAILORED TO YOUR INDIVIDUAL HEALTH AND TRAINING NEEDS. IF YOU WISH INDIVIDUAL INSTRUCTION, YOU SHOULD HIRE A PERSONAL TRAINER. COMPTRAIN SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY YOUR APPLICATION OF THE INFORMATION OR CONTENT PROVIDED HEREIN.

CompTrain shall not be held responsible for ANY inability BY YOU to access the subscription based content AT CompTrain.co for any reason. You subscribe to CompTrain’s subscription based web site at your own risk.

COMPTRAIN SHALL NOT BE RESPONSIBLE FOR LOSS OF ACCESS TO, OR ALTERATION (INCLUDING DELETION) OF ANY TRAINING RECORDS OR OTHER CONTENT.

COMPTRAIN SHALL BEAR NO LIABILITY FOR OR ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER OR BY THIRD PARTIES LINKED TO FROM THIS SITE, INCLUDING ANY LIABILITY FOR NEGLIGENCE. IN NO EVENT SHALL COMPTRAIN BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, EVEN IF COMPTRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME USERS. IN NO EVENT SHALL COMPTRAIN TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THAT CUSTOMER OR VISITOR TO COMPTRAIN FOR THE SERVICES DURING THE YEAR PRIOR TO ACCRUAL OF THE DAMAGES, LOSSES, OR CAUSES OF ACTION. USERS FURTHER AGREE THAT COMPTRAIN, ITS EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOST PROPERTY OR DATA OF THE CUSTOMER OR ANY CLAIM OR DEMAND AGAINST THE USER BY ANY OTHER PARTY.

  1. Indemnity.

By using the CompTrain Information or content you agree to indemnify, defend, and hold harmless CompTrain, its parents, subsidiaries, affiliates, officers, employees, consultants and teachers from and against any claim or demand, of physical, material, monetary or other nature, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of CompTrain Information, its online fitness training information, or any other Content provided on the site, the violation of this Agreement by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

  1. Termination by CompTrain.

CompTrain reserves the right to ban or block access to any user. CompTrain also reserves the right in its sole discretion to refuse or cancel usage, membership, paid or unpaid, with or without refund at any point in time. In all cases refund amounts will never exceed the amount paid.

By agreeing to these terms and conditions governing your subscription, you agree not to share with any third party your login information or any content found on the subscription based Web site at CompTrain.co.

In the event that you share your login information or any the content found on CompTrain’s subscription based web site with any third party without express written permission from CompTrain, CompTrain reserves the right to immediately cancel your membership without a refund, and to pursue any and all remedies available to CompTrain under the law.

  1. Ownership; Intellectual Property.

All Content on CompTrain shall be and remain the property of CompTrain. If you post Content or submit material, and unless we indicate otherwise, you grant CompTrain, its affiliates, parents, and partners a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.

You grant CompTrain and its affiliates, parents, and partners the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate our site’s policies and will not cause injury to any person or entity; and that you will indemnify CompTrain or its affiliates, parents, and partners for all claims resulting from Content you supply.

If you have signed up and paid for access to CompTrain subscription based programming, you are granted one (1) license for non-commercial, personal use of such Content as presented in the CompTrain subscription based programming. Any deliberate misuse, reproductions or misappropriation of the Content violates Federal copyright and patent statutes and shall result in claims for damages as outlined in those statutes.

  1. United States Copyright Act Designation.

CompTrain respects the intellectual property of others and we ask our Users to do the same. Please do not post any Content that is copyrighted by others. If you believe that your copyrighted work has been infringed, and you want us to take down or disable the infringement, please contact the following CompTrain designated agent to receive notifications of claimed infringement under the United States Copyright Act, or violations of other laws or regulations, both foreign and domestic, by its Users:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices should be addressed as follows:

Copyright Agent
CompTrain, LLC
15 Tech Circle, Natick, MA 01760
E-mail: support@comptrain.co

CompTrain Users who are found to repeatedly violate copyright rights of others may have their access to all services terminated.

  1. Severability; Entire Agreement; Nonwaiver.

If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Failure by CompTrain to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.

  1. Choice of Law and Jurisdiction.

Interpretation and enforcement of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts, excluding its choice of law rules. All Users consent to personal jurisdiction in the federal and state courts of the Commonwealth of Massachusetts, for any action arising out of or relating to their use of the Services. The federal and state courts of the Commonwealth of Massachusetts shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney’s fees.

  1. Contacting CompTrain.

You may contact CompTrain, at support@CompTrain.co