Terms and Conditions
Send Me A Trainer is owned and operated by Bounce fitness LLC. This App (Send Me A Trainer “SMAT”) offers an online platform, enabling individuals to create a profile as Members and connect with Trainers, based on their individual needs and specifications. It acts as a venue to allow Members to avail services listed on the App by Trainers. SMAT does not guarantee that the Trainers shall be licensed or certified professionals.
This Service and the App is available only to individuals above 18 years of age or registered companies. By using any of the Services and the App, you expressly agree to be bound by these terms and all applicable laws and regulations governing the App and the Services. The terms form a legally binding agreement between you and www.sendmeatrainer.com in relation to your use of the App and/or the Services and applies to all Members, whether registered or not, on the App.
We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our App and/or through the Services, and you agree to be bound by such modifications or revisions. Although SMAT may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our App thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
You understand that you must comply with any licensing or registration requirements with respect to your business, and you represent that you comply with all such requirements.
Member means a person who completes SMAT’s account registration process and buys services of Trainer on SMAT.
Trainers are persons who offer services on SMAT.
Program is an instruction for a service that commences with a Member placing a valid order on file.
Content means text, graphics, images, music, software, audio, video, information or other materials.
SMAT Content means all Content that SMAT makes available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
Collective Content means Member’s Content and SMAT Content.
Rating means ‘review system’ used by members, which is measured through a ranking system of 5 stars and comments.
SMAT Experience means rating system’ displayed to the public on the Member’s public page.
Fees mean the fees payable by the Member to SMAT for receiving the service from Trainer.
Ambit of Service
SMAT is an online platform that instantly connects Members to Trainers in real time and only as they need it.
The App is a market platform where Members and Trainer can identify each other and advertise, buy, and sell Trainer Services online. Subject to the Terms of Service, SMAT provides the App Services to Members, including hosting and, maintaining the App, and enabling the formation of Service Contracts.
Parameters of Service
- Once the rating process is completed, the rating of the Trainer Experience will be shown to the public.
- Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
- Feedback comments given by Members are publicly displayed on a Trainer’s page. Members have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
- Withholding the delivery of services, files, or information required to complete the service with the intent to gain favorable reviews or additional services is strictly prohibited.
- “Good Fit Guarantee” is applicable on the first session only. In the event Member is not happy with Trainer in the first session they may choose another Trainer and the session shall be credited back in the Member’s account.
- SMAT does not, in any way, supervise, direct, or control Trainer or Trainer’s work. It will not provide Trainer with training or any equipment, labor, or materials needed for a particular Service Contract. It does not provide the premises at which the Trainer will perform the work. It makes no representations about, and does not guarantee the quality, safety, or legality of, the Trainer Services; the truth or accuracy of Trainer’s listings on the App; the qualifications, background, or identities of Members; the ability of Trainers to deliver the Trainer Services; the ability of Members to pay for the Trainer Services; or that a Member or Trainer can or will actually complete a transaction.
- SMAT is a passive platform and is not in any way involved in transactions, other than receiving fees payable for the service.
- In no event, an arrangement for the provision of service shall be made or any financial transaction conducted between the Member and the Trainer outside the platform of SMAT. Any such violation shall result in immediate expulsion from the platform and Trainers and Members shall lose all the currently active programs, sessions and payable dues (if applicable).
To access and use certain features of the Services, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to email@example.com if you discover or otherwise suspect any security breaches related to the Services.
SMAT does not control, and is not responsible for ads, directory information, business listings/information, messages between Members and Trainers, including without limitation e-mails sent from outside SMAT’s domain or other means of electronic communication, whether through the App or another Third Party App (defined below) or offerings, comments, Member/Trainer postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the App and the Service (“Content”); and that by using the App and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will SMAT be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing the Content.
Members/Trainers will not use the Services if any applicable law in their country prohibits them from doing so and or have not previously been their right to use the Services suspended or terminated. You acknowledge and agree that SMAT cannot and does not pre-screen or approve any Content submitted by either Trainers or Members, but that SMAT has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to SMAT’s knowledge or for any other reason or no reason at all. Furthermore, the App and Content available through the App may contain links to other third-party application (“Third-Party Apps“), which are completely unrelated to SMAT. If you link to Third-Party Apps, you may be subject to those Third-Party Apps’ terms and conditions and other policies. SMAT makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party App, and your linking to any other App is completely at your own risk and SMAT disclaims all liability thereto.
The Member/Trainer shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and App. However, by submitting any Content on the App, you hereby grant to SMAT an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the App and SMAT’s (and its successors’).
You agree and understand that SMAT does not undertake any verification to confirm the accuracy of any information provided by the Members and Trainers on the App. SMAT will not be liable to any Trainers/Members in the event any information provided by them is false, incomplete, inaccurate, misleading or fraudulent. However, SMAT reserves the right to conduct the background checks through third parties.
SMAT does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and SMAT expressly disclaims any and all liability in connection with Member/Trainer’s Content and quality of content uploaded.
Notwithstanding any other provision of the Terms of Service, and except as prohibited by applicable law, if we determine in our sole discretion that Trainer has violated the conditions and restrictions of the App or the Terms of Service, we may hold the disbursement of the Trainer Fees. Additionally, we may also withhold the disbursement of the Trainer Fees if: (a) we require additional information, such as Trainer’s tax information, government-issued identification, address, or date of birth; (b) we have reason to believe the Trainer Fees may be subject to dispute or chargeback; (c) we suspect fraud; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under a Service Contract, this Agreement, or other Terms of Service; (e) we deem it necessary in connection with any investigation; or (f) required by applicable law.
In cases of fraud, abuse, or violation of the Terms of Service, SMAT reserves the right to revoke any payments and hold and reclaim from all Trainer Fees due to Trainer (not just the Trainer Fees from the Service Contract(s) under investigation) unless prohibited by applicable law. In addition, we reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or Engagement; if we discover erroneous or duplicate transactions; or if we have supplied our services in accordance with this Agreement yet we receive any chargeback from the Payment Method used by Member or Trainer.
Fees and Refunds for sessions
For fixing the Fees, SMAT shall evaluate the trainer’s profile and session length. Based on Trainer’s experience SMAT shall contact the Trainer to settle the session Fees.
In in the event Member requests cancellation of the program before its expiry, no refunds shall be made. However, if the payment of subscription fee has been on monthly basis and the Member requests cancellation of the program before its expiry, the Member shall have to pay 50% fees for remaining part of the program. It’s presumed that the Member has agreed to allow us to charge his/her card on file for 50% fees for the remaining program.
Irrespective of your attendance in session, the sessions shall roll over every month. We shall provide you an extra 14 days to complete your sessions by the end of the program. In the event you require more time than 14 days you may contact us at firstname.lastname@example.org.
Member and Trainer hereby authorize SMAT to run credit card authorizations on all credit cards provided by them, to store credit card and banking or other financial details as their method of payment for Services, and to charge their credit card (or any other Payment Method) and PayPal and Stripe accounts, if applicable.
The App and the Services operate in U.S. Dollars. The Member and Trainer, at their sole discretion and risk, may authorize the charge of its Payment Method in a supported foreign currency subject to conversion of the payment to U.S. Dollars at the foreign currency conversion rate applicable.
If Member fails to pay the Trainer Fees or any other amounts due under the Terms of Service, whether by cancelling Member’s credit or debit card, initiating an improper chargeback, or any other means, SMAT may suspend or close Member’s Account and revoke Member’s access to the App, including Member’s authority to use the App to process any additional payments, enter into Service Contracts, or obtain any additional Trainer Services.
SMAT will have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Trainer’s Fees.
Obligations of Member and Trainer.
The Member acknowledges and agrees:
- To provide clear instructions to the Trainer.
- That the Trainer is not obliged to commence any work if the request for Service is not accepted.
- That any modification, variation or amendment to any Virtual contract shall be subject to acceptance by the Trainer. Requests for any modification, variation or amendment to the Virtual contract shall not be unreasonable. In the event of confusion, ambiguity or dispute on what constitutes an unreasonable request, SMAT will decide and its decision shall be final and binding.
- We or the Trainer shall not be responsible for the unsatisfactory quality or delivery of work as a result of any unclear or insufficient instructions provided by the Member.
- Member must provide 24-hour notice to the Trainer if they wish to cancel the session to avoid deduction of the session.
- The Member shall arrange the space where they plan to have the session and also buy the equipment needed for the session.
- In the event Member(s) bring another person for the session, they agree to pay $15 per session, per person, to SMAT.
The Trainer Acknowledges and Agrees:
- To provide honest, accurate information in Trainer profile.
- To Provide all the necessary certifications. (if applicable)
- In the event Member is not satisfied with the Service Trainer may have to leave the program.
- To ensure tax filings and fulfillment of all legal requirements
- Not to create duplicate profiles.
- Shall pay 20-50 USD to run a criminal background check.
We will suspend or terminate a Trainer’s account under the following circumstances:
- Illegal or Fraudulent services.
- Attempt to solicit or advertise their own services.
- Last minute cancellation.
- Use of Abusive and disrespectful language.
- Violation of our
- Sharing of Members information with other Trainers or third parties.
- Indiscrete behavior with the Member
- Consistently incomplete profile.
- Steal or attempt to steal.
- Adult oriented services.
When you send an e-mail or chat electronically with SMAT, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or in app chat. You agree that all agreements, notices, disclosures and other communications that SMAT provides to you electronically satisfy the legal requirement that such communications be in writing.
Reviews, Communications and Submissions by Members and Trainers.
You should always use most respectful language while submitting any content, such as a review regarding SMAT. Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within SMAT.
You agree that we have access to all communications between Members and the Trainers and such communications may be retained by us for our internal records.
We reserve the right, but have no obligation, to: (a) monitor any communications within SMAT; including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. SMAT does not endorse, approve, or prescreen any content that you or other Members post or communicate on or through SMAT. SMAT does not assume any responsibility or liability for any content that is generated, posted or communicated by any Members/Trainers on or through SMAT. You agree to indemnify SMAT and each of their respective employees, contractors, officers, directors, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through SMAT.
- Posting, transmitting, promoting, or distributing any content that is illegal.
- Harassing or threatening any other Member/Trainers of SMAT or any employee or contractor of SMAT.
- That promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Advocates harassment or intimidation of another person.
- Requests money from, or is intended to otherwise defraud other Members of the Service;
- Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18.
- Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses.
- Attempting to obtain a password, other account information, or other private information from any other Members of SMAT.
- Impersonates any person or entity, including, but not limited to, a SMAT employee, or falsely states or otherwise misrepresents an affiliation with a person or entity.
- Uploading any software, files, photos, images or any other content to SMAT that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program.
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any Members to post an advertisement on a third-party App or post an advertisement on behalf of such Member/Trainers; or to “stalk” or otherwise harass anyone.
- Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of SMAT.
- Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other Members.
- Make any libelous or defamatory comments or postings to or against anyone.
- Collect personal data about other Members or entities for commercial or unlawful purposes.
- Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses SMAT, or using or launching any unauthorized script or other software.
- Using a false e-mail address or otherwise disguising the source of any content that you submit within SMAT, or using tools which anonymize your internet protocol address.
- Interfering with or circumventing SMAT’s security features or any feature that restricts or limits access to SMAT.
- Cheating attempt to cheat or any other activity that SMAT deems to be in conflict with its policies.
- Post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- Attempt to gain unauthorized access to computer systems owned or controlled by SMAT or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the App.
In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with Trainers or persons you meet through the Service. Members acknowledge and agree that SMAT does not provide any Medical advice or professional Medical help.
You understand that we make no guarantee, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members or Trainers. You agree that any Content you place on the Service may be viewed by other Members/Trainers and may be viewed by any person visiting or participating in the Service.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other Members, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to SMAT or any other Members/Trainers (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
You agree and accept that all of the information you provide to SMAT when setting up your Member/Trainer Account and at any other time shall be true, correct, complete and accurate in all respects. You also agree that any information supplied to SMAT or posted on the App in connection with any accommodation, the property is true, accurate and complete.
SMAT is under no obligation to seek to resolve disputes between Member(s) and Trainer(s).
By accepting the terms and conditions contained herein, every Member hereby agrees and gives consent to SMAT and Trainers to communicate via phone calls, text message, email and such other means as Members may deem fit.
Use of the Services
Except as otherwise agreed upon, we hereby grant you a limited, non-exclusive, non-sub-licensable license to access, and use the Platform and Content solely for the personal purpose, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by SMAT or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to or assigned to you herein.
Ownership and Intellectual Property of the App content
This App and all content forming part of the App, including without limitation, all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws of United States.
You acknowledge and agree that SMAT owns, controls or is licensed all legal right, title and interest in and related to the App, including all intellectual property rights. You may not:
- modify or copy the layout or appearance of the App or any computer software or code contained in the App; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the App.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at: email@example.com
Reliance on Information Posted
The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
Limitation of Liability
MEMBER IS RESPONSIBLE AND ASSUMES ALL LIABILITY FOR DETERMINING WHETHER TRAINERS ARE INDEPENDENT CONTRACTORS OR EMPLOYEES AND ENGAGING THEM ACCORDINGLY; SMAT DISCLAIMS ANY LIABILITY FOR SUCH DETERMINATION OR THE RELATED ENGAGEMENT. THE TERMS OF SERVICE DO NOT CREATE A PARTNERSHIP OR AGENCY RELATIONSHIP BETWEEN MEMBERS. TRAINER DOES NOT HAVE AUTHORITY TO ENTER INTO WRITTEN OR ORAL (WHETHER IMPLIED OR EXPRESS) CONTRACTS ON BEHALF OF SMAT.
YOU ACKNOWLEDGE THAT SOLELY YOU ARE RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS AND TRAINERS. SMAT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS/TRAINERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS/TRAINERS.
IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR PARTNERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS/TRAINERS OR PERSONS YOU MEET THROUGH THE SERVICE.
YOU UNDERSTAND THAT WE MAKE NO GUARANTEE, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION), OR WIRE OR OTHERWISE SEND MONEY, TO OTHER MEMBERS/TRAINERS. YOU AGREE THAT ANY CONTENT YOU PLACE ON THE SERVICE MAY BE VIEWED BY OTHER MEMBERS/TRAINERS AND MAY BE VIEWED BY ANY PERSON VISITING OR PARTICIPATING IN THE SERVICE.
IN NO EVENT SHALL SMAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMAT. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT SMAT. SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY SMAT. FROM ITS FACILITIES IN UNITED STATES. SMAT. MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
SMAT IS NOT A PARTY TO ANY AGREEMENT BETWEEN A MEMBER AND TRAINER AND WILL NOT BE LIABLE TO EITHER THE MEMBER OR THE TRAINER. FURTHERMORE, SMAT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING AS A RESULT OF: A FALSE, MISLEADING, INACCURATE OR INCOMPLETE INFORMATION BEING PROVIDED BY A MEMBER OR TRAINER.
Disclaimer of Warranties
Your use of the App, its content and any services or items obtained through the App is at your own risk. The App, its content and any services or items obtained through the App are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the App. We shall not be liable to you for any loss suffered in relation to your use or inability to use the App. Without limiting the foregoing, neither the company nor anyone associated with it represents or warrants that the App, its content or any services or items obtained through the App will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our App or the server that makes it available are free of viruses or other harmful components or that the App or any services or items obtained through the App will otherwise meet your needs or expectations.
The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Entire Agreement/ Severability
You may not assign these Terms or any of the rights granted hereunder without the prior consent of SMAT, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either SMAT or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
SMAT shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Virginia, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Virginia. Therefore, you agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Virginia. This Agreement shall be governed by the internal substantive laws of the province of Virginia, without respect to its conflict of law’s principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Virginia for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at: firstname.lastname@example.org.