Website Terms and Conditions of Use

 

 

Outline

 

These terms and conditions regulate your use of the train4performance website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

License to use the train4performance Website

 

Unless otherwise stated, Iain Bainbridge and train4performance own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages or pictures from this website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions of use. 

 

You must not:

 

• Display any material from this website in public

• Sell, rent or sub-license material from this website

• Republish information from this website (including republication on another website)

• Replicate, copy or otherwise misuse material on this website for any commercial purposes

• Edit or otherwise amend any material on the website, or

• Redistribute material from this website, except for content explicitly and expressly made accessible for redistribution and where permission has been granted by the owner and licensee of this website

 

Acceptable Use

 

You must not use this website in any way that produces, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is illegal, obscene, unlawful, fraudulent or harmful, or in association with any illegal, obscene, unlawful, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, transmit, store, host, send, use, publish or disseminate any material which contains (or is linked to) any computer virus, worm, spyware, Trojan horse, rootkit, keystroke logger, or other malicious computer software.

 

You must not operate any systematic or automated data gathering activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Iain Bainbridge’s express written consent.

 

You must not use this website to transmit or send unsolicited or obscene commercial communications.

 

You must not use this website for any purposes related to marketing without Iain Bainbridge’s express written consent

 

Restricted Access

 

Access to most areas of this website is restricted. Iain Bainbridge reserves the right to restrict access this entire website without explanation and at his sole discretion.

 

If you are provided with a unique user ID and/or password by Iain Bainbridge to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential and not disclosed to another party. 

 

Iain Bainbridge may disable your user ID and password if any of the conditions laid out in this document are breached. Iain Bainbridge may do this at his sole discretion without notice or explanation.

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User Content

 

In these terms and conditions, “your user content” means material (including, and without limitation, text, images, audio data, video data and audio-visual data) that you offer to the train4performance website, for whatsoever purpose.

 

You consent to Iain Bainbridge a global, irreversible, non-exclusive and royalty-free license to use, replicate, modify, publish, translate and circulate your user content in any current or future media. You also bestow to Iain Bainbridge the right to sub-license these rights, and the entitlement to bring an action for any infringements of these rights.

 

You must not present any user content to the train4performance that is or has ever been the subject of any impending, threatened or definite legal proceedings or other comparable grievance.

 

Your user content must not be unlawful or prohibited, must not contravene any third party's legal rights, and must not be capable of bringing cause to legal action either against you, Iain Bainbridge or any third party (in every case under any relevant law). 

 

Iain Bainbridge reserves the sole right to amend or eliminate any material presented to this website, or deposited on Iain Bainbridge’s / train4performance servers, or hosted or published upon this website.

 

Despite Iain Bainbridge’s rights under these terms and conditions in relation to user content, Iain Bainbridge does not undertake to monitor the presentation of such content to, or the publication of such content on, the train4performance website.

 

No Assurances

 

This website is provided “as is” exclusive of any interpretations or assurances, express or implied. Iain Bainbridge makes no representations or assurances in relation to thetrain4performance website or the information and materials presented on this website. 

 

WITHOUT PREJUDICE to the generalisation of the preceding paragraph, Iain Bainbridge does not guarantee that:

 

• The train4performance website will be continually accessible, or accessible at all

• The information on the train4performance website is absolute, valid, precise or non-misleading.

 

Nothing on this website is tantamount to, or is meant to represent, counsel of any kind. As with any exercise programme, you should always consult your Doctor or medical professional prior to commence of the programme. Any thorough medical or legal advice should be obtained from an appropriate professional

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Limits of Liability

 

Iain Bainbridge will not be liable to you (either under the law of contract, the law of misdemeanours or otherwise) in relation to the content of, or use of, or otherwise in association with the train4performance website:

 

• To the degree that the train4performance website is made available free of charge and is not responsible for any direct loss to you or any other third party; or

• For any unintended, extraordinary or significant loss; or

• For any business or commercial losses, loss or shortfall of income, revenue, profits or projected savings, loss of business associations or current and future contracts, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Iain Bainbridge has been clearly counselled of the prospective loss.

 

Exclusions

 

Nothing in the train4performance website disclaimer will disregard or constrain any warranty inferred by law that it would be unlawful to disregard or regulate; and nothing in the train4performance website disclaimer will exclude or limit Iain Bainbridge’s liability in respect of any:

 

• Fraud or fraudulent misrepresentation on the part of Iain Bainbridge;

• Death or personal injury produced by Iain Bainbridge’s negligence; or

• Material which it would be prohibited or unlawful for Iain Bainbridge to disregard or constrain, or to make an attempt or purposely exclude or limit, its liability.

 

Fairness

 

By using the train4performance website, you accede that the exclusions and limits of liability set out in this website disclaimer are fair and equitable. 

 

If you do not think they are fair and equitable, you must not use this website.

 

Additional Parties

 

You accept that, as a limited liability entity, Iain Bainbridge / train4performance has an interest in limiting the personal liability of its officers and employees. You accede that you will not instigate any claim personally against Iain Bainbridge / train4performance's officers or employees in regard to any losses you experience in relation with the train4performance website.

 

WITHOUT PREJUDICE to the preceding paragraph, you agree that the limitations of warranties and liability situated in the train4performance website disclaimer will protect Iain Bainbridge / train4performance's employees, subsidiaries, officers, agents, sub-contractors, successors, assigns and as well as Jacqueline Van Paassen.

 

Unenforceable Obligations

 

If any obligation of this website disclaimer is, or is understood to be, unenforceable under appropriate law, that will not influence the enforceability of the other obligations of this website disclaimer.

 

Indemnity

 

You hereby indemnify Iain Bainbridge / train4performance and agree to keep Iain Bainbridge / train4performance indemnified against any losses, damages, costs, liabilities and expenses (including and without financial limitation, legal expenses and any amounts paid by Iain Bainbridge / train4performance to a third party in settlement of a claim or challenge on the advice of Iain Bainbridge’s / train4performance's legal counsellors) sustained or borne by Iain Bainbridge / train4performance resulting from any infringement by you of any provision of these terms and conditions, or resulting from any claim that you have infringed any provision of these terms and conditions.

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Virus Notice

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This website serves as a conduit for information. Certain documents and programs may be downloaded through this site. THE OWNERS AND OPERATORS OF THIS SITE ARE NOT RESPONSIBLE FOR ANY COMPUTER VIRUSES WHICH MAY BE PRESENT IN ANY OF THE ITEMS THAT YOU OBTAIN FROM OR THROUGH THIS SITE.

 

USERS ARE COMPLETELY RESPONSIBLE FOR PERFORMING ANTI-VIRUS SCREENING AND VERIFICATION OF ALL FILES OBTAINED ON OR THROUGH THIS SITE. CURRENTLY UPDATED ANTI-VIRUS SCREENING SOFTWARE IS HIGHLY RECOMMENDED.

 

The owners of this site will not intentionally or wilfully transmit files that they know to contain viruses. However, portions of this site serve as a bulletin board repository of files that are uploaded by users. WE DO NOT TAKE STEPS TO CHECK ANY SUCH FILES FOR VIRUSES. YOU ASSUME COMPLETE RESPONSIBILITY TO DO SO.

 

As a user of this site, you agree to immediately notify us of any files that you download that you believe contain viruses.

 

As a condition to any license contained for items obtained by or through this site, you will agree to perform virus screening on all such files prior to using the same.

 

THERE ARE NO WARRANTIES OF ANY KIND MADE WITH RESPECT TO FILES DOWNLOADED FROM OR THROUGH THIS SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.

 

Furthermore, the owners and operators of this site shall not be responsible for any incidental, consequential or special damages, whether foreseen or foreseeable, or whether they have been informed of the possibility thereof and take no actions to prevent the same.

 

A “virus” is a computer program or a code or portion of a computer program, which is intentionally created and programmed to cause damage to, corrupt, hinder, crash, tie up, or otherwise create negative effects on the user’s computer system. As you know, viruses do occur and are somewhat prevalent. As such, you, the user must take affirmative steps to assure that you and your computer system are appropriately protected against viruses.

 

Breaches of These Terms and Conditions

 

WITHOUT PREJUDICE to Iain Bainbridge’s additional rights under these terms and conditions, if you breach these terms and conditions in any way, Iain Bainbridge may instigate such action as Iain Bainbridge considers applicable to deal with the breach, as well as suspending your access to the website, barring you from accessing the website, preventing computers operating with your IP address from accessing the train4performance website, communicating with your internet service provider to request that they block your access to the train4performance website and/or bringing legal action against you.

 

Adaptation

 

Iain Bainbridge may adapt these terms and conditions as appropriate and from time-to-time. Adaptation of terms and conditions will pertain to the use of this website from the date of the publication of the adapted terms and conditions on this website. It is advisable that you regularly inspect this page to guarantee you are up-to-date with the current version.

 

Allocation

 

Iain Bainbridge may assign, sub-contract or alternatively deal with Iain Bainbridge’s rights and/or responsibilities under these terms and conditions without informing you or acquiring your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Absolute Agreement

 

These terms and conditions, collectively with all media, text, personal views and documents, comprise the absolute agreement between you and Iain Bainbridge in relation to your use of this website, and succeed all preceding agreements in regard of your use of this website.

 

Law and Jurisdiction

 

These terms and conditions will be governed by and construed in accordance with SPANISH LAW, and any disputes relating to these terms and conditions will be subject to the complete jurisdiction of the courts of SPAIN.