Terms of Use

The effective date of these Terms of Use is August 22, 2013.

Please read these Terms of Use carefully. These Terms of Use represent a binding contract. By using the MyNetTrainer.com website, you agree to all terms and conditions of these Terms of Use.

If you do not agree to be bound by any of these Terms of Use, do not use this website.

The MyNetTrainer.com website (the “Website”) is operated by Succeed, LLC (“Succeed” or “we”, “us”, or “our”). Succeed makes the Website available only subject to your binding agreement to these Terms of Use and your use of the Website is wholly voluntary. These Terms of Use govern your use of the Website (except to the extent the Website redirects to third party sites that are not operated by Succeed). Please see the “Links” and “MyNetTrainer Program” sections below regarding certain portions of our programming hosted by third parties. You agree to these Terms of Use by accessing the Website, by acknowledging your agreement to these Terms of Use, by using any features of the Website, and/or by accepting any information from the Website. Succeed reserves the right in its sole discretion to modify, alter or otherwise change these Terms of Use and you agree to be bound by such modifications, alterations or changes. Succeed will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Terms of Use. Succeed encourages you to revisit and review the Terms of Use posted here periodically. Your continued use of the Website after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes. You also agree that the form and nature of Succeed’s Website may change from time to time without prior notice to you including, without limitation, certain features or functionality no longer being available.

You may be required to provide personally identifiable information to use and /or access certain portions of the Website. You agree that any information that you provide to Succeed will be accurate and that you will make reasonable efforts to keep that information up to date. Please review Succeed’s Privacy Policy, which you also agree to and accept by using this Website, and which is specifically incorporated into these Terms of Use.

You may terminate this legal agreement with Succeed at any time by providing notice in accordance with the “Contacting Succeed” section below and discontinuing any use of the Website. Succeed may terminate this agreement with you at any time: (a) if you have breached or threatened to breach these Terms of Use; (b) if Succeed is required to do so by law; or (c) Succeed no longer makes the Website available for any or no reason.


General Usage of the MyNetTrainer.com Website

You agree that you will:

  1. only use the Website as permitted by these Terms of Use and as permitted by law;

  2. not access, or attempt to access, restricted or registration-required portions of the Website by any means other than the interface provided by Succeed;
  3. use the Website to threaten, harass, intimidate, stalk or otherwise abuse another user;
  4. not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of Succeed), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Succeed in its sole discretion);
  5. not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;
  6. not interfere with or disrupt the use and enjoyment of the Website by Succeed or any third party;
  7. not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with Succeed’s or any third party’s use and enjoyment of the Website and any other software, hardware and data;
  8. not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to Succeed, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
  9. not transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
  10. not resell, frame, duplicate, reproduce or otherwise commercially exploit the Website without the prior written agreement of Succeed;
  11. not remove, obscure or alter any proprietary rights notices on the Website or any material obtained from or through the Website;
  12. not violate any applicable local, state, federal or international law, rule or regulation.

Certain features of the Websites may be subject to a separate written agreement with Succeed. You agree that that your use of such features will be in accordance with such written agreement to the extent it differs from these Terms of Use.

Succeed will determine your compliance with these Terms of Use in its sole discretion and its decision shall be final and binding. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Succeed websites and may be referred to law enforcement authorities.


MyNetTrainer Program

Succeed offers MyNetTrainer, an archive of workout videos that may be accessed via the Internet, to subscribing individuals. Two (2) subscription models are available: (i) a month-to-month subscription, (ii) a twelve (12) month subscription. For each subscription model, three (3) new workout videos will be posted during each week of the subscription. Months will be measured from the calendar date numeral on the commencement of your subscription to the calendar day of the next month with the same numeral (except that subscription commencing on a day of a month (e.g. 30th or 31st) where the last day of the next month is a lower numeral (e.g., 28th) will end on the last day of such succeeding month.

You must register as a user of the Website in order to use the MyNetTrainer program. You will be issued a login and password for your access to the Website and the MyNetTrainer program. You are solely responsible for the security of your login criteria for the Website.

Subscription fees are the then-current fees for the MyNetTrainer program as posted at the Website. Fees are subject to change at any time, except that fees will not change for the duration of any prepaid subscription period and increased fees will only take effect upon the next renewal of your applicable subscription term.

Portions of the MyNetTrainer program offered by Succeed hosted by third parties (such as Wistia INC). All payments for the MyNetTrainer program will be processed through third-party payment processors (such as Stripe). Succeed is not responsible for, and you agree that Succeed will have no liability to you for, the availability, content or performance of any portion of any materials, content or site of third-party hosting and payment-processing providers. Succeed in no way endorses any the products or services of these third-party hosting and payment-processing providers.

Your use of the Wistia INC-hosted portions of the MyNetTrainer program, shall be governed by the Wistia INC Privacy Policy.


90-Day full Refund

If you’re not completely satisfied with your MyNetTrainer.com experience during the first ninety (90) days of your subscription, we’ll issue you a full refund. Simply email us at Info@MyNetTrainer.com within the first 90 days of purchasing your subscription to MyNetTrainer.com and we’ll take care of the rest. No questions asked.


Cancellation and Renewal

Your subscription will renew automatically for successive periods of the same duration (1 month or 12 months), unless it is cancelled in accordance with this Section. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card or Stripe account. We may cancel your subscription at any time by notifying you. You may cancel your subscription at any time by emailing us at Info@MyNetTrainer.com. If your month-to-month subscription is cancelled, you will not be issued a refund for the unused portion of any month in which the cancelation is received. Twelve-month subscription holders may cancel their membership at the end of the agreed upon subscription period. However, no refunds will be issued for any unused portion of the subscription. All fees for subscriptions are non-refundable (except as set forth in the “90-Day Full Refund” section above).


No Professional Advice

The information on the Website is provided for informational and/or entertainment purposes only and is not intended or recommended as a substitute for medical or other professional advice.


Ownership of Content and License of Your Submissions and Postings

Succeed’s websites (including, without limitation, the Website) and all of the content on Succeed’s websites (as updated from time-to-time), including, without limitation, any trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Material”) are owned by or licensed to Succeed or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, right of publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Succeed or such third party that may own the Material or intellectual property displayed on the website. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the Material is strictly prohibited. You agree not to use the Material for any unlawful purposes and not to violate Succeed’s rights or the rights of others. You are advised that Succeed will enforce its rights to the fullest extent of the law. Succeed may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.

You hereby acknowledge and agree that your relationship with Succeed is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Succeed does not place Succeed in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit. You hereby waive any moral rights (or “droit moral”) you may have in and to any materials that you submit to Succeed, even if such material is altered or changed in a manner not agreeable to you.


Linking

The content of this Website is subject to change at any time without notice. By accessing or linking to the Website, you assume the risk that the information on the Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

The Website may contain links to third party web sites, including sites that may offer software extensions that work in conjunction with Succeed products. For example, portions of the MyNetTrainer program are hosted and conducted on a third party site hosted and operated by Wistia INC. Succeed is not responsible for, and you agree that Succeed will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which the Website may be linked or from which a Succeed website may be accessed. The appearance of any link on the Website in no way constitutes an endorsement by Succeed of any third-party products or services.

You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Succeed in its sole discretion. Succeed reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Succeed deems to be inappropriate or inconsistent with or antithetical to the Website and/or these Terms of Use.


Disclaimers/Limitations on Liability

You understand and agree that the Website and all material contained or made available on or through them are provided and made available solely “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” and without warranties of any kind, either express or implied, including, without limitation, warranties of title or the implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise at law or from a course of dealing or usage of trade. Some jurisdictions do not permit the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. You many have other rights which vary by jurisdiction. When the implied warranties are not allowed to be excluded in their entirety, you agree that they will be limited to the greatest extent and shortest duration permitted by law.

You agree that Succeed and its affiliates, subsidiaries, licensors and assigns, and each of their respective employees, officers, agents and directors (collectively, the “Released Parties”), are not liable to you for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive damages arising or resulting in any way from, or in connection with, the Website, and any other Succeed website, the material and features posted and made available on any Succeed website, or any errors or omissions in the technical operation of the websites and any materials posted or made available on the Succeed websites, even if the Released Parties have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the Succeed websites or any related information or programs. Notwithstanding any other provision in these Terms of Use, in no event and under no circumstances will the Released Parties, or any of them, be liable to you for any reason or any cause of action whatsoever in an amount greater than Ten United States Dollars ($10.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation which restricts the limitation or exclusion of liability, so the above limitation may not apply to you.

You should consult with a healthcare professional before starting any diet, exercise, supplementation or medication program, including but not limited to your participation in and use of the MyNetTrainer.com program. Succeed expressly disclaims any and all liability, and you agree that Succeed will not be liable to you in any way arising from or related to any damage or injury (including but not limited to death) resulting from your wholly voluntary participation in and use of the MyNetTrainer program and your use of any equipment.

By accessing the Website subject to these Terms of Use, I understand that I am waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, I acknowledge that I have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any State, Country or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Succeed makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Website. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by Succeed. To the extent view and opinions are posted on the site, the views and opinions of users or Succeed employees of Succeed’s websites do not necessarily state or reflect those of Succeed, LLC.

The Internet is inherently insecure. Succeed expressly disclaims any and all liability, and you agree that Succeed will not be liable to you in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Succeed any information. Succeed makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Succeed websites. A Succeed website may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason.


Indemnification

You agree to indemnify and hold harmless Succeed, its affiliates, subsidiaries, licensors and assigns, and their respective officers, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or in any way related to your use of the Website or any materials downloaded, obtained, used or otherwise accessed or acquired through the Website: (i) in breach of these Terms of Use or in violation of any law or regulation; (ii) that attempts, commits or results in any actual or alleged infringement, misappropriation or violation of any third party’s rights; and / or (iii) in breach of any agreement between you and any third party. Succeed reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Succeed. This indemnification section will survive any termination or expiration of these Terms of Use.


Force Majeure

If Succeed is compelled to cease performance of its obligations, or otherwise limited in its performance, because of: (a) the passage of any laws or regulations; (b) any legal or administrative proceedings of any government or governmental agency, court or administrative agency; (c) strikes, boycotts, lockouts or other labor disturbances outside of Succeed’s reasonable control; (d) interruption of power; (e) temporary or permanent lack or loss of supplies, production or Internet capacity or access for reasons outside Succeed’s reasonable control (including, without limitation, any downtime of third-party service providers such as Wistia INC and Stripe); or (f) any other cause beyond the control of Succeed, then Succeed will, while so affected, be relieved to the extent thus prevented from performing its obligations hereunder, but in such event, Succeed will take reasonable measures to remove the disability and to resume full performance hereunder at the earliest possible date.


Location

Succeed operates the Website in the United States. Information contained on the Website may not be appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. If you access the Website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms of Use shall be construed and enforced in accordance with the laws of the United States and the State of Indiana, without regard to its conflicts of law principles. You agree that any lawsuit filed by you with respect to the Terms of Use and / or your use of any Succeed website must be filed exclusively in the County of Marion or County of Boone, State of Indiana, United States of America.


English Language

For users residing in Quebec, France and other francophone jurisdictions: You and Succeed have expressly requested that the Terms Of Use and all documents and notices be drafted in the English language. Toi et Succeed ont demandé expressément qua la présente entente et tous les document et avis connexes soient rédigés en anglais.


Contacting Succeed

Any questions or concerns regarding these Terms of Use should be directed to: Info@MyNetTrainer.com, or via mail to Succeed, LLC, attn: Terms of Use, 4348 Sedge Court, Zionsville, IN 46077.


General Terms

Succeed’s failure to exercise, or delay in exercising, any of Succeed’s rights under these Terms of Use will not constitute or be deemed a waiver or forfeiture of those rights.

These Terms of Use are the entire agreement between you and Succeed concerning your use of the Website and they supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except by subsequent agreement in writing by you and an officer of Succeed.