LOCH’D IN TRAINING, LLC
LOCH’D IN TRAINING, LLC and its affiliates, subsidiaries, and parent companies (referred to as "LOCH’D IN TRAINING", "us", "we" or "our") are glad to provide you with access to and use of our websites, content, streaming services, products, goods, equipment, services, and any other materials (referred to as the “Platform" or “Services“) that we may provide.
HEALTH REPRESENTATIONS AND AGREEMENTS: You represent and warrant to LOCH’D IN TRAINING that you are in good physical condition and have no medical reason or impairment that could prevent you from using LOCH’D IN TRAINING’s Platform. You acknowledge that LOCH’D IN TRAINING has not and cannot give any medical advice before or after your choice to use the Platform. You acknowledge and agrees that you will discuss any health or medical concerns with a physician or medical professional before using the LOCH’D IN TRAINING Platform. Do not use the Platform if a medical professional has advised against it. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising, you should stop immediately and contact your health care provider. Call 911 immediately if you think you are having a medical emergency. You acknowledge that employees, agents, or guests appearing on the Platform, including, but not limited, to Ryan Lochte, may not be a certified medical or fitness professional.
ELIGIBILITY: By using the Platform, your assert and confirm that: (1) you are eighteen (18) years of age or older; (2) you are located in the United States of America; (3) you have read fully and understand the Terms; (4) you have full right and authority to enter into and abide by this agreement; (5) all information you provide to LOCH’D IN TRAINING is accurate and truthful.
CONSENT: You attest that phone numbers, e-mail addresses, and mailing addresses provided are accurate and were voluntarily given to LOCH’D IN TRAINING. You consent and authorize LOCH’D IN TRAINING and its representatives, as well as any related entities, agents, or contractors to contact you at any phone numbers, e-mail addresses, or mailing addresses provided by you to LOCH’D IN TRAINING. This consent permits LOCH’D IN TRAINING and its representatives, as well as any related entities, agents, or contractors to contact you using text messages. If you elect to display your image and/or share any voice or audio while using the Platform you consent to the video and/or audio recording of you and any person or places around you. You hereby consent to the photographing, filming, taping, recording, interviewing, and/or referencing of you by LOCH’D IN TRAINING (itself and/or by or through its agents, employees, designees, and/or contractors) during your use of the Platform. You grant LOCH’D IN TRAINING the non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, fully paid, perpetual, and universe-wide right to use your name, voice, and physical likeness, whether in original or modified form, in all publications, including but not limited to, LOCH’D IN TRAINING’s printed, broadcast, and digital collateral.
USER SUBMISSIONS: You are entirely responsible for any and all materials you share, submit or otherwise make available via the Platform, including pictures, videos, communications or profile information, (referred to as “User Submissions”). User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions. You hereby acknowledge that you: (1) shall be solely responsible of any and all and of your User Submissions and any and all consequences resulting from sharing, posting, publishing or otherwise making them available; (2) represent and warrant that you own or have the necessary licenses, permissions, rights or consents to use and authorize LOCH’D IN TRAINING to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the LOCH’D IN TRAINING and these Terms; (3) further agree that you shall not submit material that: (a) Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to submit the material and to grant us all of the license rights granted herein; (b) is obscene, pornographic, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise objectionable or inappropriate as decided by us in our sole discretion; (c) depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals; (d) impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity; (e) would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or (f) is unsolicited or unauthorized advertising, promotion, “spam” or any other form of solicitation.
DEVICES: You are responsible for the cost and maintenance of any equipment or hardware, including but not limited to computers, tablets, or cell phones (referred to as “Devices”), that may be required to use the LOCH’D IN TRAINING Platform. LOCH’D IN TRAINING does not guarantee that the Platform, in full or in part, will function on or in connection with any particular Device. By accessing the Platform through a particular Device, you acknowledge and agree that information about your usage on the Platform through that Device or network may be communicated to LOCH’D IN TRAINING and/or certain third parties. LOCH’D IN TRAINING is not responsible for your Device’s network or carrier fees that may apply while accessing the LOCH’D IN TRAINING Platform. You accept full responsibility of all Device, carrier, or network fees and taxes that may apply. LOCH’D IN TRAINING is not responsible for damage to any Devices that occur while using the Platform.
PAYMENT DETAILS: You authorize LOCH’D IN TRAINING and its third-party payment processing vendor(s) to charge agreed upon amounts to the credit or debit card you provide to LOCH’D IN TRAINING, and you agree that you responsible for the timely payment of all such amounts that accrue. You shall pay late charges, collection costs, and legal expenses (including, without limitation, costs and reasonable attorney fees), that LOCH’D IN TRAINING incurs or assesses in order to collect any unpaid amounts you may owe, plus interest at the maximum allowable rate.
SUBSCRIPTIONS: LOCH’D IN TRAINING subscriptions are purchased through the Platform. The price, frequency of payments, and length of your subscription is determined by you during the order process. Your subscription will automatically renew unless you cancel before the end of the current billing period. All subscriptions will continue indefinitely until cancelled by you. You may cancel your subscription by logging in and accessing the billing section of the Platform. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
USER CONDUCT: By using the Platform you expressly acknowledge that you are prohibited from the following:
Unlawful Activity – any activity that: (1) involves proceeds from any illegal or unlawful activity; (2) publishes, distributes or disseminates any illegal or unlawful material or information; or (3) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which LOCH’D IN TRAINING or the User are bound in any jurisdiction applicable to the access and use of the Platform.
Unauthorized Use – any activity that: (1) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (2) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other program that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (3) attempts to gain unauthorized access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (4) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (5) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (6) uses the User Account information of another person to access or use the Platform; or (7) transfers access or rights to your User Account to a third party.
Abusive Acts – any act that: (1) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (2) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (3) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.
Fraud – any act that: (1) attempts to defraud LOCH’D IN TRAINING or any other person; or (2) provides false, inaccurate, or misleading information to LOCH’D IN TRAINING.
OWNERSHIP: LOCH’D IN TRAINING and all elements and derivatives thereof (including, without limitation, all information, content, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by LOCH’D IN TRAINING. In no event shall you have or retain any rights, titles, or interests in or to the foregoing other than those limited rights expressly granted to you under these Terms. No rights or permissions granted to you under these Terms are coupled with an interest. Nothing contained in these Terms shall be construed as a waiver or limitation of LOCH’D IN TRAINING’s or its licensors’ respective rights and remedies under applicable law.
DISCLAIMER: LOCH’D IN TRAINING or any related entity or subsidiary is not responsible for any injury or loss of property suffered while using the Platform, participating in promoted exercise, or for any reason whatsoever resulting from the ordinary negligence on the part of LOCH’D IN TRAINING, its agents, or employees.
WAIVER: In consideration of being permitted to use, today and on all future dates, the Platform, I, on behalf of myself, my family, my heirs, personal representatives, and my assigns, do hereby release, waive, discharge, and covenant not to seek legal action against LOCH’D IN TRAINING, its directors, officers, employees, volunteers, independent contractors, and agents from liability from any and all claims arising from the ordinary negligence of LOCH’D IN TRAINING or any of the aforementioned parties. This waiver pertains to (1) personal injury (including death) arising from participation in LOCH’D IN TRAINING activities including, but not limited to, exercise, observation, and any other use of the Platform and (2) any and all claims relating to the damage or loss of personal property.
ASSUMPTION OF RISK: You acknowledge that you know, understand, and are respectful of the inherent risks associated with exercise. These activities may include, but are not limited to, strength and functional training and any of the many forms of cardiovascular training. By utilizing the Platform, you fully assume responsibility in relation to the inherent risks associated with exercise the use of the Platform and assert that you are voluntarily participating in such activities.
INDEMNIFICATION AND HOLD HARMLESS: You further agree to indemnify and save and hold harmless LOCH’D IN TRAINING for any and all claims resulting from your own negligence, conduct or participation and to reimburse LOCH’D IN TRAINING for any expense incurred as a result of your involvement with LOCH’D IN TRAINING. Furthermore, you agree to cover all court costs and legal fees incurred by LOCH’D IN TRAINING in the investigation and defense of a claim or suit if your claim is dismissed, withdrawn, or a court or arbitrator determines that LOCH’D IN TRAINING is not responsible for the injury, loss or damage.
SEVERABILITY AND VENUE: By agreeing to the Terms you acknowledge and accept that the foregoing waiver/release of liability agreement is intended to be as broad and inclusive as the law permits and if one or more portions thereof are held invalid, it is agreed that the balance of the agreement shall, notwithstanding, continue in full legal force and effect. You agree and consent to Wake County, North Carolina being the exclusive venue for any legal action or proceeding.
ACKNOWLEDGMENT AND UNDERSTANDING: You acknowledge that you are of legal age and are freely participating in and using the Platform. You acknowledge that you have carefully read and understand these Terms. By participating in and using the Platform, you are hereby stating your adherence to these Terms and are waiving any right that you may have to bring a legal action to assert a claim against LOCH’D IN TRAINING its directors, officers, employee, volunteers, independent contractors, related entities, and agents for any negligence.