DISCLAIMER, TERMS OF USE AND PRIVACY POLICY FOR TRAINER SMS/TEXT MESSAGE SERVICE

If you continue to browse and use this website, you are agreeing to comply with and be bound by these terms and conditions of use, which govern Trainer’s relationship with you with respect to this website and the sending and receiving of SMS/text messages via your mobile device regarding health, wellness and fitness information. The terms “Trainer”, “us”, and “we” refer to your Trainer, the owners of this website and/or the SMS/text message service. The term “you” refers to the Trainer’s client, user or viewer of this website and the person receiving SMS/text message.

BY SENDING A TRAINER KEYWORD TO THE SHORT CODE, OR BY SUBMITTING YOUR PHONE NUMBER VIA TRAINER’S ONLINE OPT-IN FORM, YOU ARE AGREEING (OPTING IN) TO RECEIVE SMS/TEXT MESSAGES FROM TRAINER, UP TO 4+ MESSAGES/MO, UNLESS YOU OPT OUT. YOUR WIRELESS CARRIER AND OTHER SERVICE PROVIDERS ALSO COLLECT DATA ABOUT YOUR SMS USAGE, AND THEIR PRACTICES ARE GOVERNED BY THEIR OWN PRIVACY POLICIES.

You can reach customer service at (855) 393-3801. Text HELP for help. Reply STOP to cancel the text message program. Message and data rates may apply.

We will not be liable for any delays or failures in the receipt of any mobile messages connected with this service. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of our control. Additionally, we are required to inform you that T-Mobile and MetroPCS are not liable for delayed or undelivered mobile messages.

The use of this website and the SMS/text message service is subject to the terms and conditions set forth herein.

The information contained on this website is subject to change without notice. The information presented by Trainer on this site or via SMS/text message is provided “as is” without any representation or warranty of any kind including, but not limited to, reliability, suitability, merchantability, fitness for a particular purpose, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Trainer provides you and other clients/consumers with offers, local deals, fitness and health information, motivational info as well as other content free of charge via SMS/text message service. User assumes all charges from their wireless provider for text messages. While Trainer endeavors to keep the information up-to-date and correct, Trainer does not represent or warrant that the information on this website or transmitted via text message is or will be always up-to-date, complete, or accurate. Your use of any information or materials on this website or sent via text message is entirely at your own risk. It shall be your own responsibility to ensure that any products, services or information available through this website or sent via text message meet your specific needs and requirements. Trainer strives to maintain this site and the text messages in a professional manner. However, we rely on various wireless carriers to provide text messaging. Occasionally systems may be down due to circumstances beyond our control. Trainer will make every effort to restore this site and the text message service in a timely manner, and assumes no liability for any monetary or personal losses due to outage of the site or the text message service.

UNDER NO CIRCUMSTANCES SHALL TRAINER AND/OR HIS/HER AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURIES, EMOTIONAL INJURIES, DAMAGES FOR THE INABILITY TO USE THE CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, THE WEBSITE, THE CONTENT OF THE TEXT MESSAGES AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF TRAINER (OR TRAINER REPRESENTATIVES, PROVIDERS, OR PARTNERS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Trainer respects the privacy of end users and are committed to making our service a safe place for everyone who uses the site and receives text messages.

It is the policy of Trainer to respect the privacy of end users of the Service. Trainer uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.

You agree that Trainer may access and disclose any information, including user names and other information, if they believe in good faith that such action is reasonably necessary to comply with applicable laws and lawful government requests, to operate their systems properly, or to protect themselves, their customers, or other third-parties. Trainer may also collect and possibly share personal data and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these terms of use, or as otherwise required by law.