Date of last revision: April 30, 2012
Welcome to VirtualTraining and its affiliated websites—VirtualTraining.eu, virtualtraining.cycleops.com and Desktop, Mobile and Tablet application VirtualTraining, PowerTap Mobile –(collectively “VirtualTraining,” “We,” “Us,” or “Our”).
VirtualTraining offers a variety of online geo-mapping applications, fitness tools and calculators, mobile device applications, social networking components–including but not limited to, intra-website message services, discussion forums, community groups, personal profile pages–other fitness and health related products and services, and select promotional offers (collectively, the “Services”).
The Producer is VirtualTraining, spol. s r .o. a limited company, incorporated under Czech law with the Czech Commerce and Companies Agency, having its registered address at Namesti Svobody 13, 385 01 Vimperk, Czech Republic (referred to as “VirtualTraining company”).
On our internet websites, mobile and desktop applications, VirtualTraining company offers services that help you to make your sport experience more fun.
All services are rendered to and accessed by you via the internet by use of an applicable device (pc, mobile phone etc.) of your own choice.
These terms and conditions and all services provided are rendered to you under and in accordance with Czech law.
AGREEMENT TO VIRTUALTRAINING TERMS AND CONDITIONS OF USE
Subscribers, customers, users, third parties acting on behalf of users, or others who download, use, purchase, subscribe, aggregate VirtualTraining data, information, or Content available on or via VirtualTraining affiliated websites, or otherwise interface with or access the VirtualTraining affiliated websites or Services (collectively or individually “You” “User” or “Users”) must do so under the following VirtualTraining Terms and Conditions of Use (“Terms and Conditions of Use).
BEFORE USING ANY OF THE SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE. BY ACCESSING, BROWSING AND/OR USING THE SERVICES, A USER ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE VIRTUALTRAINING REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE, INCLUDING ANY FUTURE MODIFICATIONS TO THE VIRTUALTRAINING TERMS AND CONDITIONS OF USE, AND IDENTIFIED AFFILIATED AGREEMENTS, GUIDELINES AND POLICIES (COLLECTIVELY, THE “AGREEMENT”). IF A USER DOES NOT CONSENT TO THE AGREEMENT, THEN VIRTUALTRAINING REQUIRES THAT SUCH USER CEASE USING THE SERVICES
BY USING VIRTUALTRAINING OR THE SERVICES, A USER THEREFORE AGREES, REPRESENTS AND WARRANTS THAT:
- he or she has received consent from his or her physician to participate in ANY programs, workouts, exercises, OR ANY OTHER FITNESS OR HEALTH RELATED ACTIVITY provided by VirtualTraining or displayed AS CONTENT on its affiliated websites.
THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN USERS AND VIRTUALTRAINING. Any User may Contact us in order to receive a copy of this Agreement.
ALL USERS ACKNOWLEDGE AND AGREE THAT VIRTUALTRAINING HAS OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. USERS FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN USERS AND VIRTUALTRAINING, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE USERS AND VIRTUALTRAINING. VIRTUALTRAINING WOULD NOT BE ABLE TO PROVIDE THE VIRTUALTRAINING SERVICES TO USERS ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
MODIFICATION OF THE TERMS AND CONDITIONS OF USE
OWNERSHIP AND PROPRIETARY RIGHTS
The Services are owned and operated by VirtualTraining. The VirtualTraining software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Services (collectively, the “Materials”) are protected by Czech Republic copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials and components contained in the Services are the property of VirtualTraining or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Services are proprietary to VirtualTraining or its affiliates and/or third-party licensors. Except as expressly authorized by VirtualTraining, any and all Users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The Services are not available to persons under the age of 15 or to any Users suspended or removed from the Services by VirtualTraining. Users agree that the information that they provide VirtualTraining upon registration and at all other times will be true, accurate, current, and complete. Users also agree that they will ensure that this information is kept accurate and up to date at all times.
When a User registers as a member and obtains an account, he or she will be asked to provide a password. Because a User will be responsible for all activities that generate from his or her account, and one can only access his or her account upon the transmission of the associated password, a User should keep that password strictly confidential at all times. A USER MUST NOTIFY VIRTUALTRAINING IMMEDIATELY OF ANY UNAUTHORIZED USE OF HIS OR HER PASSWORD OR IF HE OR SHE BELIEVES THAT PASSWORD IS NO LONGER CONFIDENTIAL. VirtualTraining reserves the right to suspend a User’s account and/or require that such User alter his or her password if we believe for any reason that such User’s password is no longer secure. A USER MAY NOT SHARE HIS OR HER VIRTUALTRAINING ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
PAYMENT TERMS AND CANCELATIONS
A User agrees to pay any fees due for and incurred by their use of those select Services that require payment on the part of Users (“Paid Services”). VirtualTraining will administer and apply User payments received for Paid Services via the online billing mechanisms of its affiliated websites in a timely and commercially reasonable manner. Further, VirtualTraining reserves the right to terminate a User’s access to a Paid Service on account of that User’s nonpayment of associated charges. If a User wants to discontinue his or her utilization of a Paid Service, then he or she may cancel that Paid Service in accord with the cancellation procedures established in the Guidelines pertinent to that Paid Service.
Certain individuals or vendors (collectively “third party vendors”) with whom VirtualTraining maintains a commercial relationship may market their own promotions and services on (or through) VirtualTraining.eu. To participate in some of those promotions or access some of those services, a User may be required to make payment for the specific service or promotion to the third party vendor that markets that specific service or promotion. VirtualTraining is not responsible for the administration or application of any User payments required by any third party vendor for any such select services or promotions.
VIRTUALTRAINING USAGE RULES
PROHIBITED CONDUCT & USES
A USER UNDERSTANDS AND HEREBY ACKNOWLEDGES AND AGREES THAT HE OR SHE MAY NOT, AND WARRANT THAT HER OR SHE WILL NOT:
- use the Services or any personal information or location information displayed on or within VirtualTraining to “stalk,” harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location information or personal information about other Users;
- include offensive or pornographic materials on or in his or her VirtualTraining personal profile pages;
- use VirtualTraining or the Services for any commercial or non-private use, it being understood that VirtualTraining and the Services are to be employed for personal, non-commercial use only;
- fail to deliver payment for any Paid Services;
- use VirtualTraining or the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
- make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of VirtualTraining. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the VirtualTraining accounts of other Users;
- share VirtualTraining-issued passwords or any other means of access to a mobile device while any Service is running and accessible with any third party or encourage any other User(s) to do so;
- misrepresent the source, identity or content of information transmitted via VirtualTraining;
- remove, circumvent, disable, damage or otherwise interfere with: (i) the security-related features of VirtualTraining or the Services; (ii) the features of VirtualTraining and the Services that prevent or restrict use or copying of any content accessible through the VirtualTraining; or (iii) the features of VirtualTraining and the Services that enforce limitations on use of the Services;
- intentionally interfere with, or damage operation of VirtualTraining or the Services, or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property right of the a third party;
- attempt to gain unauthorized access to VirtualTraining or the Services, other accounts, computer systems or networks connected to VirtualTraining, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with the proper working of VirtualTraining or any activities conducted on VirtualTraining;
- use any robot, spider, scraper or other automated means to access VirtualTraining for any purpose without VirtualTraining’s express written permission or bypass VirtualTraining’s robot exclusion headers or other measures we may use to prevent or restrict access to VirtualTraining or modify VirtualTraining in any manner or form, nor to use modified versions of VirtualTraining, including (without limitation) for the purpose of obtaining unauthorized access to VirtualTraining; or
- sell or transfer or allow another person to access his or her account passwords, profiles, or VirtualTraining accounts.
USAGE; REFUSAL OR SUSPENSION OF SERVICE
VIRTUALTRAINING RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE VIRTUALTRAINING’S SYSTEMS MONITOR ANY USER’S REGISTRATION OR SOCIAL NETWORKING ACTIVITIES (INCLUDING INVITING A FELLOW USER INTO A NETWORK OF FRIENDS), AS WELL AS ANY USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, VIRTUALTRAINING ALSO RESERVES THE RIGHT TO DISABLE ANY USER’S USE OF OR ACCESS TO VIRTUALTRAINING, ITS SERVICES, THE PERSONAL AND/OR LOCATION INFORMATION, OR THE PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.
A User is solely responsible for his or her involvement with other Users. VirtualTraining reserves the right, but has no obligation, to monitor disagreements between any Users.
VirtualTraining does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. Users acknowledge that they are solely responsible for all content and material that THEY PROVIDE to VirtualTraining.
MOREOVER, VIRTUALTRAINING RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
THIRD PARTY Content PRESENT ON OR Linked ON VirtualTraining’s Affilaited websites
Certain content displayed on or linked to VirtualTraining’s affiliated websites namely, third party websites and news headlines (collectively “third party web content”)–is developed by individuals or merchants over whom VirtualTraining exercises no direct control.
VirtualTraining does not endorse any third party web content, or the information, material, products, or services associated with third party content.
Furthermore, some Users may find some third party web content to be objectionable, inappropriate, or offensive. VirtualTraining therefore does not make any express or implied warranties with regard to the nature of the information, material, products, or services that are displayed or linked by any third party web content.
In addition, User contacts or business dealings with, or participation in the promotions of individuals or merchants found on, or linked by any third party web content exist solely and operate independently as between a User and such individuals or merchants. A User therefore agrees that VirtualTraining shall not be responsible for, or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to such third party web content on VirtualTraining.eu
- he or she is solely responsible for the transmission, accuracy, completeness, and publication of that User Content;
- he or she controls all of the rights to that User Content and that it neither does nor will infringe or violate the rights of any third party; and
- VirtualTraining bears no responsibility, legal or otherwise, for that User Content.
Prohibited User Content
A User may not post Content on VirtualTraining.eu that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone except said User;
- promotes information that a User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
- involves commercial activities and/or sales without VirtualTraining’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
User Accounts And User Content
A User is responsible for all User Content posted under his or her account on VirtualTraining.eu, and for adjusting those account settings, specifically User Privacy Settings, that permit him or her to display User Content on the Site.
Posting User Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to said User Content. VirtualTraining will make reasonable efforts to prevent User Content from disclosure that exceeds the account settings selected by a User, but VirtualTraining cannot guarantee that User account settings will completely protect against some User Content from being viewed or accessed by unintended third parties, and VirtualTraining will not be liable for such chance disclosures.
Upon a User’s termination of his or her account, he or she may request that VirtualTraining completely “purge” the User account, including the deletion of any and all User Content previously submitted by that User. VirtualTraining will in turn undertake reasonable efforts to ensure that a User Account and VirtualTraining is completely purged of User Content, subject to the limitation that VirtualTraining may not be able to fully delete all User Content, specifically any User Content posted in VirtualTraining forums, community groups, on other User pages. VirtualTraining therefore directs that a User exercise good judgment when he or she posts User Content to VirtualTraining forums, community groups, or on other User pages, and refrain from posting sensitive material.
In addition, VirtualTraining cannot wholly purge health index related User Content upon the deletion of a User Account. We will, however, make that information anonymous upon the termination of a User account.
Ownership Rights In User Content
When a User transmits or otherwise supplies User Content to VirtualTraining, or otherwise makes User Content available on or through VirtualTraining.eu, he or she expressly grants VirtualTraining a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, or distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with VirtualTraining or the promotion thereof.
In addition, VirtualTraining obtains a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to create derivative works from User Content, display User Content, in whole or in part, and/or to incorporate User Content in other works in any form, media or technology, and a User agrees that any “moral rights” in that User Content have been waived. Moreover, when a User posts User Content to VirtualTraining.eu, he or she authorizes and directs VirtualTraining to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content.
The rights held by VirtualTraining relative to User Content, as delineated above, are, however, subject to the limitation that should VirtualTraining seek to make use of certain User Content–namely a User’s image–for explicit commercial or advertising purposes, VirtualTraining will make a reasonable effort to secure consent from that User for that specific purpose.
Further, VirtualTraining does not assert any real ownership over User Content. Rather, subject to the rights granted to VirtualTraining in these Terms and Conditions of Use, a User retains full ownership of any and all of his or her User Content and any intellectual property rights or other proprietary rights associated with said User Content.
Ownership Of VirtualTraining Content
VirtualTraining is the sole owner of all VirtualTraining Content including all copyrights, trademarks, trade dress, service marks, and other intellectual property rights. A User may not download, copy, or save any VirtualTraining Content or any portion of it, for any purpose, except as permitted by select Services (as provided for in the specific Guidelines and Policies relative to those Services), and in the limited cases where a User needs to print a copy of individual screens appearing as part of VirtualTraining solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted under these Terms and Conditions of Use and/or certain ancillary Guidelines related to specific Services, a User may not modify, copy, publish, display, transmit, adapt or in any way exploit the VirtualTraining Content without the prior written permission of VirtualTraining.
Content Is Not Medical Advice
VirtualTraining CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD A USER HAVE ANY HEALTHCARE RELATED QUESTIONS, HE OR SHE SHOULD CONTACT HIS OR HER PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY AND IN ADVANCE OF HIS OR HER USE OF VIRTUALTRAINING AND THE SERVICES.
ANY VirtualTraining CONTENT, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY VIRTUALTRAINING OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, (B) A VISIT, CALL OR CONSULTATION WITH A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.
A USER THEREFORE SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY VirtualTraining CONTENT AND A USER SHOULD NOT EMPLOY CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.
FURTHER, THE TRANSMISSION AND RECEIPT OF VIRTUALTRAINING CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN VIRTUALTRAINING AND A USER.
VirtualTraining offers certain mobile device applications and services, including but not limited to the VirtualTraining proprietary iPhone and Android Applications (collectively the “Mobile Services”). To use or otherwise access the Mobile Services, a User must have a mobile device that is compatible with VirtualTraining. VirtualTraining does not warrant that the Mobile Service will be compatible with a given User’s mobile device.
VirtualTraining does not charge Users for VirtualTraining’s basic iPhone Mobile Services; however, a User may incur some fees in his or her use of select VirtualTraining Mobile Services. Further, a wireless carrier’s normal messaging, data and other rates and fees will still apply. A User should therefore check with his or her carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by a User’s carrier, and not all Mobile Services may work with all carriers or devices. Therefore, a User should check with his or her carrier to find out if the Mobile Services are available for his or her mobile device, and what restrictions, if any, may be applicable to his or her use of such Mobile Services.
By using the Mobile Services, a User agrees that VirtualTraining may communicate with him or her regarding VirtualTraining by SMS, MMS, text message or other electronic means directed to his or her mobile device and that certain information about his or her usage of the Mobile Services may be communicated to VirtualTraining. In the event a User changes or deactivates his or her mobile device telephone number, said User agrees to promptly update his or her VirtualTraining account information to ensure that messages are not sent to the person that acquires said User’s old number.
The foregoing license grant under the Terms and Conditions of Use is not a sale of the Mobile Services or any copy thereof and VirtualTraining or its third party partners or suppliers retain all rights, title, and interest in the Mobile Services (and any copy thereof). Any attempt by a User to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in the Terms and Conditions of Use, is void. VirtualTraining reserves all rights not expressly granted under the Terms and Conditions and Use.
THE SERVICES, INCLUDING THE MOBILE SERVICES, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH VIRTUALTRAINING ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. VIRTUALTRAINING, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION VIRTUALTRAINING’S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
VIRTUALTRAINING AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION VIRTUALTRAINING’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT VIRTUALTRAINING OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, VIRTUALTRAINING, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION VIRTUALTRAINING’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. A USER (AND NOT VIRTUALTRAINING OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SERVICES.
INDEMNIFICATION; HOLD HARMLESS
A User agrees to indemnify, defend, and hold VirtualTraining, and its suppliers and partners (including, without limitation, VirtualTraining’s wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) the use or misuse of any User’s personal information and location information, or the Services generally, (b) any violation of the rights of any other person or entity by User, (c) any breach or violation by a User of VirtualTraining, or (d) a User’s employment of the Services to meet another User in-person or to locate and attend any offline place or event.
VirtualTraining reserves the right, at a given User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify VirtualTraining, and said User agrees to cooperate with VirtualTraining’s defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
A USER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL VIRTUALTRAINING, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, VIRTUALTRAINING’S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO ANY USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER’S PERSONAL INFORMATION OR LOCATION INFORMATION; (B) A USER’S ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, INCLUDING THE MOBILE SERVICES, OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH VIRTUALTRAINING OR ANY OTHER USER OF THE SERVICES, EVEN IF VIRTUALTRAINING OR A VIRTUALTRAINING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON VIRTUALTRAINING OR THROUGH THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY VIRTUALTRAINING, THE AFFILIATED WEBSITES, OR THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON VIRTUALTRAINING, THE AFFILIATED WEBSITES, THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY VIRTUALTRAINING, THE AFFILIATE WEBSITES, OR THE SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF VIRTUALTRAINING OR THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO VIRTUALTRAINING, its affiliated websites, OR THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall VirtualTraining be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
IN NO EVENT SHALL VIRTUALTRAINING (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, VIRTUALTRAINING’S WIRELESS CARRIER PARTNERS) TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, OR A USER’S EMPLOYMENT OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY A USER FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF SAID USER’S CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
A USER FURTHER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OF USE, AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO A SPECFIC USER. SAID USER, HOWEVER, AGREES THAT VIRTUALTRAINING’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
These Terms and Conditions of Use (and any related Guidelines of the character detailed above) constitute the entirety of the agreement between VirtualTraining and Users relative to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.