TrainChange.com WEB SITES TERMS AND USE
POLICY
important information
Here at TrainChange, our purpose is to inform,
educate, and provide valuable information on exercise, nutrition,
and the TrainChange product/services.! It is important that you
read the Terms and Conditions listed on this page, titled “Use
Policy”, carefully before using TrainChange.com Web Sites in order
to address several important issues. Please remember that these
terms and conditions may change or be updated from time to time,
so it is advised that you visit this page regularly.
Overview
The following rules and regulations apply to all visitors to,
or users of TrainChange.com Sites, and the home pages of which
are at TrainChange.com. By using these Web sites, you agree to
be bound by these rules and regulations, as they may be modified
by TrainChange at any time and posted on this Web Site, and also
represent that you are able to form a binding contract. You also
agree to that any information you provide about yourself is accurate
and complete information at the time provided. You agree to timely
update any information provided to TrainChange to keep it accurate
and complete. Failure to accurately and completely provide, and
timely update, information about yourself is reasonable grounds
for TrainChange to suspend or terminate your account and refuse
you service in the future. In the event of a violation of these
rules and regulations, TrainChange reserves the right to seek
all remedies available by law and in equity.
TrainChange makes available the Web Sites: TrainChange.com
(the "Sites") to you, the user, conditioned upon your
acceptance of all of the terms, conditions, policies and notices
stated on the Sites. You should review these Terms and Conditions
every time you use these Sites as they are binding on you. If
you do not agree to these term and conditions of use, please stop
using the Sites.
In addition to the Terms of Use, there are many
areas of TrainChange.com that are interactive. Please note that when
using a particular Area of TrainChange.com, you are also bound by
the posted guidelines and rules for that particular Area.
Intended Use
The information provided by TrainChange on the Sites is general and
broad in nature and provided for informational purposes only.
The Sites are for your personal use. As a condition to your continued
use of the Sites, you warrant to TrainChange that you will not use
the Sites for any purpose that is unlawful or prohibited by these
Terms and Conditions.
TrainChange makes no representation that materials
on these Sites are appropriate or available for use in locations
outside the United States, and accessing them from territories
where their contents are illegal is prohibited. Those who access
these Sites from locations outside the United States do so at
their own risk and are responsible for compliance with local laws.
You further agree that you will not use, import, export or re-export
the materials of this Sites, any software or technical data downloaded
from this Sites or products purchased from this Sites, or any
copy or adaptation, in violation of any applicable laws or regulations,
including, but not limited to, the requirements under the U.S.
Export Administration Act, Regulations of the Department of Commerce
or its successors, executive orders and other export controls.
Copyrights
TrainChange retains full copyright ownership, rights and protection
in all material contained on the Sites (including but not limited
to all software, HTML code and other code, or business methods).
Except as otherwise expressly provided in these Terms and Conditions,
you may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, rewrite, create derivative works
from, transfer, or sell any material contained on the Sites without
the prior consent of TrainChange. None of the material contained
on the Sites may be reverse-engineered, transcribed, stored in
a retrieval system, translated into any language or computer language,
retransmitted in any form or by any means without the prior written
consent of TrainChange. All content of the Sites is Copyright
© 2007 TrainChange. All rights reserved.
TrainChange respects the intellectual property rights
of others. If you believe that your work has been copied in any
way that constitutes copyright infringement, or your intellectual
property rights have been violated, please inform us immediately.
Trademarks
TrainChange and its affiliated companies retain all rights regarding
their trademarks, trade names, brand names and service marks.
These marks, names or service marks, and all associated logos
or images, are registered and/or common law trademarks of TrainChange
and are protected by U.S. and international laws and treaties.
No license to the use of such marks, names or service marks is
granted to you under these terms and conditions or by your use
of the Sites. Your misuse of the trademarks displayed on the Sites
is strictly prohibited. You are also advised that TrainChange will
aggressively enforce its intellectual property rights to the fullest
extent of the law, including the seeking of civil remedies and
criminal prosecution.
Linking
Periodically, links may be established from this Web Site to one
or more external web sites or resources operated by third parties
(the "Third Party Sites"). These links are provided
for your convenience only. In addition, certain Third Party Sites
also may provide links to the TrainChange Web Site. None of such
links should be deemed to imply that TrainChange endorses the Third
Party Sites or any content therein. TrainChange does not control
and is not responsible or liable for any Third Party Sites or
any content, advertising, products, or other materials on or available
from such Third Party Sites. Access to any Third Party Sites is
at your own risk and TrainChange will have no liability arising out
of or related to such web sites and/or their content or for any
damages or loss caused or alleged to be caused by or in connection
with any purchase, use of or reliance on any such content, goods,
or services available on or through any such Third Party Site.
Software Uploading and Downloading
If you download software from these Sites, use of such software
is subject to the license terms in the license agreement that
accompanies or is provided with the software. You may not download
or install the software until you have read and accepted the terms
and conditions set forth in the license agreement. Except for
rights granted pursuant to such license agreement, TrainChange and/or
its licensors reserve all intellectual property rights, title
and interest in and to such software. Software downloading from
the Sites can only be done with express permission from a company
representative every time software is downloaded. Uploading of
software constitutes acceptance of TrainChange Terms and Conditions.
Software may only be uploaded to the Sites with permission of
the rightful owner of said software.
Materials Submision
If you send us suggestions, ideas, notes, computer programs, data,
drawings, concepts or other information of any kind (collectively,
"Ideas"), the Ideas shall be deemed, and shall remain,
the sole and absolute property of TrainChange. None of the Ideas
shall be subject to any obligation of confidence on the part of
TrainChange and TrainChange shall not be liable for any use or disclosure
of any Ideas. You agree not to post or transmit any information
through TrainChange that infringes the rights of others or violates
their privacy or publicity rights
TrainChange reserves the right to republish any material
contributed by our readers. By posting a message, comments, or
notes on our Site, a subscriber expressly grants the right to
TrainChange to republish or sell the message as part of any edited
compilation such as TrainChange news. Material that is copyright
protected may not be submitted without permission from the copyright
owner...since there are many thousands of possible sources spread
out across the Internet, it is impossible for us at TrainChange to
know if a posting represents a copyright infringement. Please
remember that you are responsible for the material you submit
-- including taste, reliability, originality and copyright. Author(s)
may be held legally responsible for copyright infringement, defamation
or invasion of privacy, as well as any damages arising out of
actions resulting from materials submitted by you and posted by
TrainChange. You are responsible for ensuring that your message or
posting does not violate any extant copyrights. If you believe
that your copyrighted material has been posted to TrainChange without
permission, please contact the Web Administrator immediately for
removal of this content, at admin@TrainChange.com.
Online Behavior and Etiquette
By using and visiting the TrainChange WebSites, you agree to follow
basic rules of etiquette. If you participate in any Forum within
a TrainChange.com Site, or submit any other comments, notes, or
content within our Site, you must not:
· defame, abuse, harass or threaten others;
· make any bigoted, hateful or racially offensive statements;
· advocate illegal activity or discuss illegal activities with
the intent to commit them;
· post or distribute any material that infringes and/or violates
any right of a third party or any law;
· post or distribute any vulgar, obscene, discourteous or indecent
language or images;
· advertise or sell to, or solicit others;
· use the Forum for commercial purposes of any kind;
· post or distribute any software or other materials which contain
a virus or other harmful component; or
· post material or make statements that do not generally pertain
to the designated topic or theme of any chat room or bulletin
board;
· No impersonating any person, including, but not limited to,
other community members or employees of TrainChange;
· No collecting, storing, or posting of personal data about or
of other community members.
Please note that TrainChange reserves the right to edit and/or
delete any and all content submitted and posted to the TrainChange.com
Site.
Privacy
You hereby acknowledge having read and agreed to all terms and
conditions of TrainChange 's Privacy Policy, which are hereby
incorporated into these Terms and Conditions. Be sure to visit
our Privacy Policy page, at http://www.TrainChange.com/privacypolicy.html.
Disclaimer of Warranties
Access to the Sites is provided to our customers and prospective
customers "AS IS" and "AS AVAILABLE" and without
warranty of any kind, whether express or implied, INCLUDING BUT
NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NONINFRINGEMENT. TrainChange MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF
THE WEB SITES CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR
ABOUT RESULTS TO BE OBTAINED FROM USING THE SITES OR TrainChange
PRODUCTS OR SERVICES. TrainChange reserves the right to block or
deny access to the Web Site to anyone at any time for any reason.
Neither TrainChange nor its employees, agents, partners,
or licensors warrant that the Sites or its operation will be accurate,
reliable, uninterrupted or error-free. You are responsible for
implementing sufficient procedures for accuracy of data input
and output, backing up of data and protection from malicious or
damaging computer software. If your use of the Sites results in
the need for servicing or replacing property, material, equipment
or data, TrainChange is not responsible for those costs. No agent
or representative has the authority to create any warranty regarding
the Sites on behalf of TrainChange.
TrainChange does not assume any liability for the
contents of any material provided on these Sites. Reliance on
any information presented on the Sites is at your own risk. No
agent or representative has the authority to create any warranty
regarding the Sites or products or services provided through the
Sites on behalf of TrainChange. TrainChange reserves the right to change
or discontinue any aspect or feature of the Sites, or any products
or services mentioned on this Sites, at any time without notice.
Mention of any third party products or services is for informational
purposes only and does not constitute a recommendation or endorsement
thereof.
You acknowledge that, in connection with the Sites,
information will be transmitted over local exchange, interexchange
and Internet backbone carrier lines and through routers, switches
and other devices owned, maintained and serviced by third party
local exchange and long distance carriers, utilities, Internet
service providers and others, all of which are beyond the control
and jurisdiction of TrainChange. Accordingly, TrainChange assumes no
liability for or relating to the delay, failure, interruption
or corruption of any data or other information transmitted in
connection with use of the Sites.
Limitation of Liability
IN NO EVENT WILL TrainChange BE LIABLE TO ANY PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING,
WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT,
BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM
USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF TrainChange
IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In
some jurisdictions, limitations of liability are not permitted.
In such jurisdictions, the foregoing limitations on liability
may not apply to you.
You agree to defend, indemnify and hold TrainChange,
its subsidiaries and affiliates, and their officers, directors,
employees and agents, licensors and business partners harmless
from and against any claims, actions or demands, liabilities and
settlements, including, without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result from, your
use of the Sites in a manner that violates or is alleged to violate
these Terms and Conditions. TrainChange shall provide you with prompt
notice of any such claim, suit or proceeding and shall reasonably
cooperate with you, at your expense, in your defense of any such
claim, suit or proceeding.
Choice of Law and Forum
These Terms and Conditions shall be governed by the laws of the
state of California, excluding any rule or principle that would
refer to and apply the substantive law of another state or jurisdiction.
To the extent allowed by applicable law, any claims or causes
of action arising from or relating to your access and use of the
Sites contemplated by these Terms and Conditions must be instituted
within one year from the date upon which such claim or cause arose
or accrued. Any such claim or cause of action may only be brought
in the state or federal courts located in Orange County, California,
and you agree to submit to the exclusive personal jurisdiction
of such courts. You agree to waive any objection that the state
or federal courts of California are an inconvenient forum. A printed
version of these Terms and Conditions shall be admissible in judicial
or administrative proceedings based upon or relating to use of
this Sites to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form.
If any provision of these Terms and Conditions
is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms and Conditions, which
shall remain in full force and effect. No waiver of these Terms
and Conditions shall be deemed a further or continuing waiver
of such term or condition or any other term or condition. Unless
otherwise specified herein, these Terms and Conditions constitute
the entire agreement between you and TrainChange with respect to
the Sites and the subject matter of these Terms and Conditions
and supersede all prior or contemporaneous communications and
proposals (whether oral, written or electronic) between you and
TrainChange with respect to the Sites and the subject matter of these
Terms and Conditions.
Termination
Under certain circumstances and without prior notice, your access
to any and all TrainChange.com Sites may be terminated immediately
from us if in our sole discretion you fail to comply with any
term or provision of these terms. Cause for such termination shall
include, but not be limited to, violation of the provisions set
forth within this agreement (“Use Policy”). You acknowledge and
agree that all terminations for cause shall be made in sole discretion
of TrainChange and that TrainChange shall not be liable to you or any
other party for the termination of your access to our Site or
the purging of any material.
These terms are effective until terminated by
either party. You may terminate these terms at any time by discontinuing
use of all TrainChange.com Sites and destroying all materials obtained
from any and all such sites and all related documentation and
all copies and installations thereof, whether made under the terms
of these terms or otherwise.
