Terms & Conditions

INTRODUCTION

Welcome to the Internet site of TrainerMarcelo.com. TrainerMarcelo.com site is collectively referred to herein as “Site, “we,” “us” or “our.”

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using this site you acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site.

USE OF CONTENT

All information, materials, functions and other content (“Content”) contained on Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Site or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from any Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, except that where a Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of any Site is prohibited.

In the event that we offer downloads of software on a Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

 LICENSES AND REPRESENTATIONS

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, in whole or in part, in all media formats and channels now known or hereafter devised (including on our Site and third party web site) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution.

CONTENT ACCESSIBLE VIA LINKS FROM SITE AND SEARCH
RESULTS

You should be aware that when you are on a Site, there are links to other site that take you outside of our service to site that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the site you are taken to be not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such site. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Site or third-party Content contained on our site. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on site retrieved in searches and/or listed in search results or identified on search results pages.

 DISCLAIMERS

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO OUR SITE OR ANY THIRD PARTY SITE OR SERVICES LINKED TO FROM ANY SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITE (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

Furthermore, the Content is not intended to be a substitute for the services of trained professionals in any field, including, but not limited to, medical matters. Always seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness. If you think you may have a medical emergency, call your doctor or 911 immediately. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through the Site. Reliance on any information appearing on a Site is strictly at your own risk. Neither we, our affiliates nor any of the officers, directors, owners, employees, agents, representatives and assigns of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death.

Site may contain the opinions and views of other users. Given the interactive nature of this site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

Site content is intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or wellness condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Site without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor or other trained health care professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

 PRIVACY POLICY

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy (below).

 LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 DISPUTE RESOLUTION

Subject to the foregoing, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with these terms of use, this or any other Site shall be resolved individually, without resort to any form of class action, by binding arbitration to take place in Boise, Idaho in accordance with the rules of the American Arbitration Association; (2) any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to TrainerMarcelo.com for accessing the Site, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and each Site user hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms of use, or the rights and obligations of users and us in connection with these terms of use, shall be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Idaho or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Idaho. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions.

 JURISDICTIONAL ISSUES

We control and operate the Site from our office in the United States of America. We do not represent that Site content is appropriate or available for use in other locations. Persons who chose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 AMENDMENT

At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Site covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Site. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

 WAIVER; TIME WITHIN WHICH CLAIMS MUST BE BROUGHT

No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to.” YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THIS OR ANY OTHER SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

TRAINERMARCELO.COM PRIVACY POLICY

We are committed to protecting the privacy and security of the users of our Site.

This Privacy Policy will advise you about our guidelines concerning the use of your personal information, including, without limitation, the reasonable efforts we make to protect your personal information in accord with these guidelines, and about what choices you have concerning our use of such information. Please read this policy carefully. We may need to change this policy from time to time in order to address new issues and reflect changes on our Site. We will post those changes here so that you will always know our policies regarding what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our Privacy Policy, please send an e-mail to marcelo@trainermarcelo.com or contact us at: 44 Peachtree Place Unit #630, Atlanta – GA – 30309

NON-PERSONAL IDENTIFICATION INFORMATION

We collect non-personal identification information through the use of, without limitation, the following types of methodology:

“Cookie” technology: A “cookie” is an element of data that a website can send to your browser, which may then store it on your system.

“IP address tracking”: An “IP address” is a number that is assigned to your computer when you are on the Internet. When you request pages from our Site, our servers log your IP address.

“Web beacons”: A “Web beacon,” or “clear gif,” is a small graphic image on a webpage or web-based document that a website can use to determine information about a user.

Non-personal identification information might include the browser you use, the type of computer, technical information about your means of connection to our Site such as the operating systems and the Internet service providers utilized, and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our Site and about the links you may select from within our Site to other areas of the World Wide Web or elsewhere online.

We use such information for our business purposes, and, in particular, to administer the Site, better manage advertising on the Site, and, in the aggregate, to understand how our users as a group use the services, features and other resources provided on our Site. This way we know which areas of our Site are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our Site.

We may share this aggregate statistical information with our partners, suppliers and other third parties, but we will not share any individual names, personal navigational or other personal information. For example, we may use a third-party advertising company to serve ads when you visit our Site. We may share demographic and preference information with this company to allow them to display appropriate advertisements for you.

We use a proprietary advertising server to display ads on our Site. In addition, advertisers may elect to use third-party advertising companies to serve ads onto our Site. Some of our advertisers may display ads on our Site that may use cookie technology or Web beacons to (i) identify non-personal information about our users (such as connection speed, browser and country of origin) and (ii) track user behavior within our Site. Advertisers generally use such information to customize the display of ads within our Site. We will not permit such advertisers to collect any personal information from our users within our Site; however, you may choose to voluntarily provide the advertisers with your personal information. We do not have access to these cookies or any information that they may contain.

Further, from time-to-time we contract with a third party web analytics provider to help manage and optimize our Site. We use this service to help us measure the effectiveness of our advertising and how visitors use our Site. To do this, we use Web beacons and cookie technology on the Site. The type of information we collect includes such information as the number of hits a webpage receives, type of browser used, and number of times a visitor makes a purchase from a particular promotion. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which products and services most interest our users, and what kinds of offers our users like to see. Although this third-party provider logs the information coming from our Site on our behalf, we control how that data may and may not be used.

LINKS TO OTHER SITE

Users will find advertising or other content on our Site that link to the site and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on those sites. In addition, those site or services, including their content and links, may be constantly changing. Those site and services may have their own privacy policies and customer service policies, or no policy (policies) at all. We encourage you to review the privacy policies of any third party site or services before providing any of them with your personal information.

SECURITY POLICY

Protecting your privacy and your information is a top priority. We have taken reasonable measures to secure both your information and our physical premises. We exercise reasonable care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail). However, we cannot guaranty that our measures will completely bar unauthorized access to your information, and by using the Site you assume this risk.

CHOICE/OPT-OUT

If you “opt-in” to receive information from us, you can change your mind later. If you do not want to receive e-mail or other mail from us, please be sure to opt out of these features. All of these communications provide the ability for you to opt out of future communications through an ‘unsubscribe’ link at the bottom of the communication. If you sign up to enter a sweepstakes or contest, you are opted in to receive email communications. When submitting your information for these purposes, you will see the following message: “By submitting your email you are agreeing to receive promotional emails from TrainerMarcelo.com. You may opt out at any time.” We do not sell your email or other contact information to third parties. Even if you opt out of receiving notices regarding our Terms of Use and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of TrainerMarcelo.com and orders placed with TrainerMarcelo.com, and it is your responsibility to review them for changes. You should be aware that it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third party who has been provided with your information in accordance with this policy.

CONSENT TO TRANSFER

The Site is operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Website, participating in any of our services and/or providing us with your information, you consent to this transfer.

YOUR ACCEPTANCE OF THESE TERMS

By using any of the Site, you signify your acceptance of our Privacy Policy, your promise to comply with the representations you make and contained in the Privacy Policy and Terms of Use, and your understanding of the scope and limitations of the protections provided under the Privacy Policy and Terms of Use. If you do not agree to these policies, please do not use our Site. Your continued use of the Site following the posting of changes to our Terms of Use or Privacy Policy will mean that you accept those changes.

Last modified on April 26, 2016.

CONTACTING US

If you have any questions about these Terms of Use, Privacy Policy, the practices of our site, or your dealings with our site, you may contact:

Marcelo Vazquez
TrainerMarcelo.com
44 Peachtree Place Unit 630
Atlanta, GA
USA
Phone: 404-539-0149
Email: marcelo@trainermarcelo.com