Terms of Sale
(last Revised: March 2008)
iTRAIN, LLC ("iTRAIN"), thanks you for visiting its web site (this
"Site"). Please carefully read the Web Site Terms and Conditions of
Sale Agreement set out below and the Web Site Terms and Conditions of Use
Agreement (available on this Site, at
http://www.itrain.com/TermsAndConditions.php) before purchasing any downloadable
audio or audio-visual files or other products or services from iTRAIN through
this Site.
1. Scope of Agreement
This Web Site Terms and Conditions of Sale Agreement (this "Agreement")
is between you ("You" or "Your") and iTRAIN, LLC
("iTRAIN"). This Agreement governs Your purchase of any Files (defined
below) or other products or services (such other products and services,
collectively, the "Other Products") from iTRAIN through iTRAIN’s
web site (this "Site"). In addition to complying with the terms of this
Agreement, You agree to comply with the Terms of and Conditions of Use Agreement
that governs Your access to and use of this Site (available on this Site, at
http://www.itrain.com/TermsAndConditions.php) (the "Terms of Use"), and
with all additional terms and conditions governing access to and use of specific
areas of this Site set forth elsewhere on this Site (collectively,
"Additional Terms"). The Terms of Use, any Additional Terms, and
iTRAIN’s Privacy Policy (available on this Site at
http://www.itrain.com/PrivacyPolicy.php) (the "Privacy Policy") are
incorporated into and made a part of this Agreement. Capitalized terms used but
not otherwise defined in this Agreement have the meanings given such terms in the
Terms of Use.
One "Credit" is equal to downloading one File. Individual Files
purchased one at a time outside the subscription package program ("A La
Carte" Plan) range from $0.99 USD to $99.99 USD, as posted on the Site.
Prior to purchase, You will be required to choose whether You wish to purchase
the Resolution Package, the Monthly Motivator, or a File on the A La Carte Plan.
Upon expiration of Your Credits each month under either of the subscription
packages, You may purchase additional Files under the A La Carte Plan. You may
check the status of Your subscription package and Your remaining Credits at any
time at http://www.itrain.com/Plan.php. Credits are valid for sixty (60) days
from the date of purchase. CREDITS ARE NON-REFUNDABLE AND ARE NOT REDEEMABLE FOR
CASH.
2. Binding Agreement
BY COMPLETING A PURCHASE OF ANY FILES OR OTHER PRODUCTS ON THIS SITE, YOU ARE
DEEMED TO HAVE READ, UNDERSTOOD, AND AGREED TO EACH OF THE TERMS, CONDITIONS, AND
NOTICES SET FORTH IN THIS AGREEMENT AND IN ANY INCORPORATED AGREEMENT, POLICY, OR
OTHER TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND AND AGREE TO EACH OF THE
TERMS, CONDITIONS, AND NOTICES HEREIN AND AS SO INCORPORATED, YOU SHOULD NOT
PURCHASE ANY FILES OR OTHER PRODUCTS ON THIS SITE.
3. Product Pricing, Information, and Ordering
(a) iTRAIN sells copies of downloadable audio files ("Audio Files") and
downloadable audio-visual files ("Video Files") containing one or more
exercise programs (Audio Files and Video Files, collectively, "Files").
Each File contains one or more exercise programs designed and presented by one of
iTRAIN’s workout instructors. iTRAIN may also sell Other Products. iTRAIN
offers both (i) individual Files to be purchased one at a time (the "A La
Carte Plan"); and (ii) various subscription package programs (each, a
"Subscription Package"). Under a Subscription Package, Your payment of
the specified flat fee(s) (the "Subscription Payment(s)") for the
Subscription Package at the specified time will permit You to download the
specified number of Files per month during the period You maintain the
subscription (such period, the "Subscription Period").
(b) The Files and Other Products offered for sale, the Files that are available
under the A La Carte Plan or within Subscription Packages, the structure of
Subscription Packages, and prices of and terms of payment for Files, whether
purchased under the A La Carte Plan or a Subscription Package, and Other Products
are all within iTRAIN’s sole discretion. iTRAIN may modify such offerings,
structures, prices, and terms at any time and from time to time by posting new,
modified, or additional offerings, structures, prices, or terms on this Site.
(c) Individual Files purchased one at a time under the A La Carte Plan range from
$0.99 USD to $99.99 USD, each as specified on this Site with the description of
the File.
(d) Under a Subscription Package, You are provided a specified number of
"Credits" during a monthly period. One "Credit" entitles you
to download one File. Credits are valid for sixty days from the first day of the
month in which they are credited to You or until the end of Your Subscription
Period, whichever occurs first. CREDITS ARE NON-REFUNDABLE AND ARE NOT REDEEMABLE
FOR CASH. iTRAIN’s current Subscription Packages are the following:
(i) Up to January 4, 2007, the "Resolution Package": The Subscription
Period is one (1) year. Subscription Payments are $49.99 USD per year, payable
annually in advance. You are provided with three (3) Credits per month during the
Subscription Period.
(ii) Up to January 4, 2007, the "Monthly Motivator Package": The
Subscription Period is a number of months selected by you (minimum of three (3)
months). Subscription Payments are $9.99 USD per month, payable monthly in
advance. You are provided with five (5) Credits per month.
(iii) From January 4, 2007 to March 13, 2008, the "Resolution Package":
The Subscription Period is one (1) year. Subscription Payments are $79.99 USD per
year, payable annually in advance. You are provided with three (3) Credits per
month during the Subscription Period.
(iv) From January 4, 2007 to March 13, 2008 the "Monthly Motivator
Package": The Subscription Period is a number of months selected by you
(minimum of three (3) months). Subscription Payments are $9.99 USD per month,
payable monthly in advance. You are provided with three (3) Credits per month.(v)
After March 13, 2008, the "Resolution Package": The Subscription Period
is one (1) year. Subscription Payments are $149.99 USD per year, payable annually
in advance. You are provided with three (3) Credits per month during the
Subscription Period and will receive a 50% discount on iTRAIN Gold content.
(vi) After March 13, 2008 the "Monthly Motivator Package": The
Subscription Period is a number of months selected by you (minimum of three (3)
months). Subscription Payments are $15.99 USD per month, payable monthly in
advance. You are provided with three (3) Credits per month and will receive a 50%
discount on iTRAIN Gold content.
(e) Prior to purchase, You will be required to choose whether You wish to
purchase Files under a Subscription Package (and, if so, under which package) or
a single File under the A La Carte Plan. Upon expiration of Your Credits each
month under a Subscription Packages, You may purchase additional Files under the
A La Carte Plan. You may check the status of Your Subscription Package and Your
remaining Credits at any time at http://www.itrain.com/Plan.php after you log in.
(f) iTRAIN will use commercially reasonable efforts to fulfill Your orders of
Files or Other Products, but iTRAIN cannot and does not guarantee the accuracy or
completeness of information on this Site, including prices advertised other than
on this Site, product images, specifications, availability, and services
displayed on, offered for sale, or sold through this Site. iTRAIN and its vendors
and suppliers each reserve the right discontinue the sale of any Files or Other
Products and any Subscription Packages offered for sale on this Site at any time
and without prior notice to You.
(g) Prices for and information about Files and Other Products listed on this Site
may vary from other advertised prices and information. iTRAIN is bound only to
the File prices and information listed on this Site. Such prices are quoted and
payable in United States Dollars, are valid and effective only within the United
States, and do not include sales taxes, if applicable, which will all be added to
Your total invoice price. You are solely responsible for the payment of state and
local sales or use taxes that may apply to Your order.
4. Limitations on Subscription Packages
(a) You may not subscribe to more than one Subscription Package at the same time.
(b) Currently, the Subscription Packages include Audio Files for downloading and
sometimes Video files for viewing online only.
5. Payments; Subscription Cancellation
(a) Payments for Files, Subscription Packages, and Other Products must be made by
credit or debit card. Currently, iTRAIN accepts the following credit cards: Visa,
MasterCard, and American Express. You will generally be billed for subscriptions
to Subscription Packages on the first week of the calendar month of each month
following the month in which the Subscription Period begins (example: first
charge was on March 23rd, second payment will be on April 5th or the next working
day, etc.). iTRAIN may utilize a small-charge aggregation system to save credit
and debit card processing costs so that small charges You make to the same credit
or debit card, whether for individual Files under the A La Carte Plan, for
Subscription Packages, or for Other Products, may be held by iTRAIN or its
aggregator until the total of such charges reaches the billing threshold
(generally, up to $30.00 USD depending on the credit card company) and then
processed as a single charge. If You subscribe to a Subscription Package with a
Subscription Period of one year, you will be billed on a yearly cycle
(approximately every 365 days) that will begin on the date You subscribe.
Subscription Packages will be renewed automatically unless You cancel your
subscription as provided below. BY SUBSCRIBING TO A SUBSCRIPTION PACKAGE, YOU ARE
AUTHORIZING iTRAIN TO CHARGE THE APPLICABLE RECURRING SUBSCRIPTION PAYMENT TO
YOUR DESIGNATED CREDIT OR DEBIT CARD UNTIL YOU PROPERLY CANCEL YOUR SUBSCRIPTION.
(b) You may cancel a Subscription Package as follows:
i) Resolution Package: You must give notice of cancellation to iTRAIN at least
thirty (30) days, but no more than ninety (90) days, prior to the end of your
Subscription Period by going to the (link)Contact Us page or
http://www.itrain.com/ContactUs.php and following the notice instructions
provided.
(ii) Monthly Motivator Package: You must give notice of cancellation to iTRAIN at
least sixty (60) days, but no more than ninety (90) days, prior to the end of
your Subscription Period by going to the (link)Contact Us page or
http://www.itrain.com/ContactUs.phpand following the notice instructions
provided. If You cancel prior to the end of Your Subscription Period, iTRAIN will
not refund any remaining portion of your Subscription Payment for that
Subscription Period. Files purchased under the A La Carte Plan may not be
canceled and payments for Files purchased under this plan will not be refunded.
(c) If there is a problem with Your method of payment, iTRAIN may make reasonable
efforts to contact You to resolve the problem. If iTRAIN is unable to charge Your
designated credit or debit card, iTRAIN reserves the right (i) immediately to
suspend or terminate Your Subscription Package or Your registration for this
Site, (ii) to collect the outstanding amount You owe under the Subscription
Package; or (iii) to seek legal action against You for breach of these terms.
These remedies are not exclusive.
6. Warranties; Disclaimer; Limitation of Liability
(a) WARRANTY DISCLAIMER.
ALL FILES AND OTHER PRODUCTS ARE SOLD "AS IS" AND ON AN "AS
AVAILABLE" BASIS. ITRAIN DISCLAIMS ANY AND ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NONINFRINGEMENT, TITLE,
QUIET ENJOYMENT, DATA ACCURACY, OR SYSTEM INTEGRATION. THIS SITE AND THE FILES
AND OTHER PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE AND TREATMENT OF A
LICENSED HEALTH CARE PROFESSIONAL. ITRAIN DOES NOT GUARANTEE THAT ACCESS TO THIS
SITE OR TO THE FILES SHALL BE UNINTERRUPTED AND ERROR FREE, AND ITRAIN MAY
SUSPEND OR CANCEL THE SERVICE AT ANY TIME WITHOUT NOTICE TO YOU.
(b) LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ITRAIN; ITS PARENT,
SUBSIDIARIES, OR AFFILIATES; NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR
PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER
INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR ITRAIN HAD BEEN
ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
(c) MAXIMUM LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITRAIN’S TOTAL LIABILITY
TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT,
WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE) SHALL NOT EXCEED IN THE
AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ITRAIN FOR THE ONE MONTH
PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO ITRAIN’S LIABILITY.
7. Single use license
PLEASE READ THIS CONTENT LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE
USING THE iTRAIN CONTENT. BY USING THE iTRAIN CONTENT, YOU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS
OF THIS LICENSE, DO NOT USE THE CONTENT. IF YOU DO NOT AGREE TO THE
TERMS OF THE LICENSE, CLICK "DISAGREE/DECLINE".
Usage
Federal law provides severe civil and criminal penalties for the
unauthorized reproduction, distribution or exhibition of copyrighted
materials. Criminal copyright infringement is investigated by the FBI and
may constitute a felony with a minimum penalty of up to five years in
prison and/or $250,000 fine.
Medical Liability
The instruction and advice in the following programs are in no way assumed
as medical advice. Not all exercises are suited for everyone. Please do
not perform any exercise if feeling strained or uncomfortable. Consult
with your physician before performing any exercise routine. The creators,
producers, participants of this program do not assume any liability for
injury or loss in connection with this exercise program or instruction
therin.
iTrain LLC.All rights reserved.
No part of this publication may be reproduced, used for instruction,
stored in a retrieval system, or transmitted in any form, or by any means,
electronic, mechanical, photocopying, recording, or otherwise, without
prior written permission of iTrain LLC.
8. Complete Agreement.
This Agreement (including under the Terms of Use, any Additional Terms, and the
Privacy Policy) constitutes the entire agreement between You and iTRAIN with
respect to Your purchase of Files or Other Products through this Site.
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