TERMS AND CONDITIONS
Welcome to Visiting Trainer
Visiting Trainer is a health program platform, covering fitness coaching, nutrition coaching, supplement coaching, and accountability coaching, hereby doing business as Visiting Trainer (the “Platform” or “Website” or “App” or “System”).
Throughout the website (www.visitingtrainer.com), the terms “we”, “us” and “our” refer to Visiting Trainer.
By visiting our platform and/or subscribing, purchasing something from us, you engage in our “service” and agree to be bound by the following Terms (the “Terms”). These Terms apply to all users of the website, including without limitation users who are browsers, affiliates, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the terms of this agreement, then you may not access the website or use any service.
Any new features or tools which are added to the current platform shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- Using Visiting Trainer – Your commitments
To ensure good functioning, and in exchange for such services, we require that you commit to the following, notably when accessing and using our Platform:
- You must be a human. Use of the Platform (website/App) by “bots” or other automated methods is not permitted.
- If You have communicated your login to your account to a third party, or your Platform access code, voluntarily or involuntarily, You will be entirely responsible for any decisions that the third party may make on your behalf from Platform. Visiting Trainer is not responsible for the actions of third parties, which will be deemed to be your actions. Your use of Platform is at your sole risk. Platform is provided on an “as is” and “as available” basis, and we will not be liable for failure to deliver or transmit any information from your account, which is your sole responsibility. Visiting Trainer interacts with different social networks to access your account. If these do not work or have blocked their access via Visiting Trainer cannot be held responsible.
- Any decision You make via Platform is permanent. This means that once You have chosen to delete Your Content and/or to transfer it to a Storage Service, we cannot retrieve your content or transfer it back to your account it came from. Therefore, we invite You to carefully evaluate all the requests You make with Platform. We decline any responsibility in the event You regret any such request.
- If You send us any question, comment, suggestion, enhancement, idea, and other information regarding Platform, we will be entitled to use and disclose them without any restriction, whether commercial or not, free-of-charge.
- You must use Platform fairly, in accordance with this Agreement, applicable laws and regulations, including intellectual and industrial property laws. Platform may contain elements, materials and content copyrighted and/or protected by patent and/or intellectual property laws.
- Platform, trademarks, designs, models, images, texts, photos, logos, graphic charts, software and programs, databases, sounds, videos, domain names, designs or any other element composing the application, with the exception of your accounts, are the exclusive property of Visiting Trainer and are protected by any intellectual or industrial property right recognized by the laws in force.
- The service only includes a control over Platform. You are solely responsible for the use of the data provided by Platform. Any changes or deletions are at your own risk.
- Consequently, Visiting Trainer cannot be held liable for the sole fact of the use of our services by You.
- You should not use Platform in violation of this Agreement, applicable laws and/or third party rights. If You do, we can suspend the use of the website/application and close your account. We can also communicate all necessary information to the competent services in charge of the repression of offences.
- ACCEPTABLE USE
You shall not
(a) You must not disclose the logins to your accounts to anyone. Any connection to your account with your login, whether from the Platform on your phone or from a third party’s phone, is your sole responsibility.;
(b) share nonpublic system features or content with any third-party;
(c) access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas; or
(d) engage in web scraping or data scraping on or related to the System, including without limitation collection of information through any software that simulates human activity or any bot or web crawler.
- You must not modify, adapt or hack Platform.
- You must not interfere with the proper functioning of Platform, including introducing viruses or any other technology harmful to Platform or associated services. It is your responsibility to protect your equipment and your connection against any form of malicious, fraudulent, prohibited, or illegal external intrusion.
If Visiting Trainer suspects that you have violated the requirements of this section, we may suspend your access to the System without advanced notice, in addition to other remedies we may have.
Visiting Trainer is not obligated to take any action against you or any other System user or other third party for violating this Agreement, but we are free to take any such action as it sees fit.
- SYSTEM ACCESS
You are responsible and liable for:
(a) your use of the Website/App, including unauthorized conduct and conduct that would violate the requirements of these Terms;
(b) any use of the Website /App through your account or passwords, whether authorized or not.
- UNAUTHORIZED ACCESS
You agree to take reasonable steps to prevent unauthorized access to the System, including by protecting your password and other log-in information. You shall notify Visiting Trainer immediately if you know of or suspect unauthorized use of the System or breach of its security.
- GENERAL RESTRICTIONS
You represent, warrant, and agree that you will not use the Website/App, interact with the service, in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else;
(b) Violates any law;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your Visiting Trainer account or anyone else’s (such as allowing someone else to log in to the service as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Mail list, Listserv, any form of auto-responder or “spam” on the service, or any processes that run or are activated while you are not logged into the service, or that otherwise interfere with the proper working of the service (including by placing an unreasonable load on the service’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the service or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content; or
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the service.
A VIOLATION OF THE FOREGOING IS GROUNDS FOR TERMINATION OF YOUR RIGHT TO USE OR ACCESS THE SERVICE.
- LICENSE AND ACCESS
Subject to your compliance with these Terms, and your payment of any applicable fees, Visiting Trainer or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Visiting Trainer Website and make personal and non-commercial use of the Visiting Trainer Services and only for intended purpose. This license does not include any resale or commercial use of any Visiting Trainer Service, or its contents, or any Customer Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any Visiting Trainer Service or its contents, or any Customer Content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms or any Service Terms are reserved and retained by Visiting Trainer or its licensors, suppliers, publishers, rights holders, or other content providers. No Visiting Trainer Service and Website, nor any part of any Visiting Trainer Service and Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Visiting Trainer. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Visiting Trainer without express written consent. You may not use any meta tags or any other “hidden text” utilizing Visiting Trainer’s name or trademarks without the express written consent of Visiting Trainer. You may not misuse the Visiting Trainer Services. You may use the Visiting Trainer Services only as permitted by law. The licenses granted by Visiting Trainer terminate if you do not comply with these Terms.
- INTELLECTUAL PROPERTY
Ownership of Visiting Trainer Materials; Restrictions. All Intellectual Property Rights in Visiting Trainer materials, products, deliverables, documentation, and subscriptions belong exclusively to Visiting Trainer and its licensors. Customer will not (and will not allow any third party to): (i) disassemble, decompile, reverse compile, reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Visiting Trainer Materials (except to the limited extent that applicable law prohibits reverse engineering restrictions); (ii) sell, resell, distribute, sublicense or otherwise transfer, the Visiting Trainer Materials, or make the functionality of the Visiting Trainer Materials available to any other party through any means (unless otherwise Visiting Trainer has provided prior written consent), (iii) without the express prior written consent of Visiting Trainer, conduct any benchmarking or comparative study or analysis involving the Visiting Trainer Materials (“Benchmarking”) for any reason or purpose except, to the limited extent absolutely necessary, to determine the suitability of Products or Subscriptions to inter-operate with Customer’s internal computer systems; (iv) disclose or publish to any third party any Benchmarking or any other information related thereto; (v) use the Visiting Trainer Materials or any Benchmarking in connection with the development of products, services or subscriptions that compete with the Visiting Trainer Materials; or (vi) reproduce, alter, modify, or create derivatives of the Visiting Trainer Materials. Between Customer and Visiting Trainer, Visiting Trainer shall retain all rights and title in and to any Indicators of Compromise Visiting Trainer developed by or for Visiting Trainer in the course of providing Subscriptions or performing Services. Visiting Trainer may audit Customer’s use of Offerings to ensure compliance with the terms of this Agreement.
Third Party Materials. Customer acknowledges that Products and Subscriptions may include Third Party Materials. Visiting Trainer represents that these Third Party Materials will not diminish the license rights provided herein or limit Customer’s ability to use the Products and Subscriptions in accordance with the applicable Documentation, and neither the inclusion of Third Party Materials in any Product or Subscription or use of Third Party Materials in performance of Services will create any obligation on the part of Customer to license Customer’s software or products under any open source or similar license.
- LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the platform may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Visiting Trainer and/or its suppliers may make improvements and/or changes in the platform at any time. Advice received via the platform should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Visiting Trainer and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the platform for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Visiting Trainer and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement
- DISCLAIMER OF WARRANTIES
We disclaim all warranties, express or implied regard to this service. We do not make representations of any kind or warranties available to you through the Platform.
No oral advice or written information given by Visiting Trainer or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty.
Without limitation the generality of the foregoing: (a) we have no obligation to indemnify or defend you against claims related to infringement of intellectual property; (b) we do not represent or warrant that the system will perform without interruption or error; (c) we do not represent or warrant that the system is secure from hacking or other unauthorized intrusion or that your content will remain private or secure; and (d) we disclaim any representation or warranty concerning products or service provided by other users of the system or other third parties.
- Visiting Trainer Privacy is not a law firm
We provide you with privacy information and self-help tools. The information provided in your account together with the content on our blog is provided for your private use and does not constitute legal advice. If you need legal advice for a specific problem, you should consult a licensed lawyer.
Furthermore, as we are not lawyers, please note that any communications between us is not protected under the attorney-client privilege.
- Limitation of Liability
By using the Visiting Trainer you agree that we shall not be liable for any indirect or consequential losses which may be incurred by You resulting from:
- Any loss of profit (whether incurred directly or indirectly) of goodwill or business reputation, or of opportunity.
- Any loss of data suffered.
- Any loss or damage which may be incurred as a result of any changes which we may make to Visiting Trainer, or for any permanent or temporary cessation in the provision of Visiting Trainer (or any account, tool or feature within Visiting Trainer).
- The deletion of, corruption of, or failure to store any of your content and other communications data maintained or transmitted by or through your use of Visiting Trainer.
- Your failure to provide Visiting Trainer with accurate account information.
- Your failure to keep your password or your accounts details’ secure and confidential.
The limitations on our liability to You within this provision shall apply whether or not we were advised of or should have been aware of the possibility of any such losses arising.
- RISK OF EXPOSURE
You understand and agree that using/sharing content online involves risks of unauthorized disclosure or exposure and that, in submitting your content, data to or transmitting it through the system, you assume the risks. We offer no representation, warranty, or guarantee that your data will not be exposed or disclosed through the System or through errors or the actions of third parties.
Risks exist and are dangerous in the online environment. It is important to be aware of the risks that subsist on the internet and how to minimize them:
- Exposure to inappropriate material
- Illegal activities
- Legal and financial risks
- Identity theft
- Invasion of privacy
- Data breach
- CYBERSECURITY AND ONLINE PLATFORM DISCLAIMER
- Cyber Security is technologies, processes, procedures and controls that are designed to protect Digital Environments from Cyber Security Incidents;
- Cyber Security Incident is the loss or unauthorised destruction, alteration, disclosure of, access to, or control of a Digital Environment;
- Digital Environment is information technology systems, operational technology systems, networks, internet-enabled applications or devices and the data contained within such systems.
We have implemented administrative, physical and technical safeguards to protect Client’s Personal information. We shall ensure that all such safeguards, including the manner in which Personal Information is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws, as well as the terms and conditions of this Agreement.
You understand and agree that sharing content online involves risks of unauthorised disclosure or exposure and that, in submitting your content to or transmitting it through the system, you assume the risks. We offer no representation, warranty, or guarantee that your content will not be exposed or disclosed through the System or through errors or the actions of third parties.
We are not liable, and you agree not to hold us responsible for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:
- Your use of or your inability to use our website or Site Service;
- Delays or disruptions in our website or Site Service;
- Viruses or other malicious software got by accessing, or linking to, our website or Site Service;
- Glitches, bugs, errors, or inaccuracies of any kind in our website or Site Service;
- Damage to your hardware device from the use of the Website or Site Service;
- The content, actions, or inactions of third parties’ use of the Website or Site Service;
- A suspension or other action taken regarding your Account;
- INFORMATION SECURITY EXPERTS
- Regularly, we consult with our developers if urgent issues arise with the Website or if there are scheduled feature releases or upgrades.
- Hosting company will only be asked to access the data in the Website’s event being down or server issues.
- We may consult with security experts to ensure continuous website safety and compliance.
- CYBERATTACK DISCLAIMER
A cyberattack is where an attacker tries to gain unauthorized access to an IT system for the purpose of theft, extortion, disruption or other nefarious reasons.
Normally, a cyberattack is carried out by someone who is not, or was not, a member of your organization.
Visiting Trainer strives to protect Customers against Cyberattacks. We have implemented our system with security experts; we take different types of security measures to protect our users.
We are not liable for any Cyberattack, damage, or loss on the World Wide Web. You expressly agree and acknowledge that the use of the Visiting Trainer Platform is at your sole risk. In no event will Visiting Trainer, Visiting Trainer professionals or their officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use data or other intangible losses arising out of or related to your use of the Website or the service.
Types of Cyberattacks
- Malware: is a type of application that can perform a variety of malicious tasks – spy on the user in order to obtain credentials or other valuable data or to cause disruption.
- Phishing: is where the attacker tries to trick an unsuspecting victim into handing over valuable information, such as passwords, credit card details, intellectual property, and so on.
- MITM – Man-in-the-middle-attack is where an attacker intercepts the communications between two parties in an attempt to spy on the victims, steal personal information or credentials, or perhaps alter the conversation in some way.
- DDoS – Distributed Denial-of-Service attack – is where an attacker essentially floods a target server with traffic in an attempt to disrupt, and perhaps even bring down the target. A DDoS attack is able to leverage multiple compromised devices to bombard the target with traffic.
- SQL injection: is a type of attack which is specific to SQL databases. The attacker can exploit the HTML form to execute queries that will create, read, modify, or delete the data stored in the database.
- Zero-day exploit: is where cyber-criminals learn of a vulnerability that has been discovered in certain widely-used software applications and operation systems, and then target organizations who are using that software in order to exploit the vulnerability before a fix becomes available.
- DNS tunnelling: is a sophisticated attack vector that is designed to provide attackers with persistent access to a given target. Attackers are able to insert or tunnel malware into DNS queries. The malware is used to create a persistent communication channel that most firewalls are unable to detect.
- BEC – Business Email Compromise: is where the attacker targets specific individuals, usually an employee who has the ability to authorize financial transactions, in order to trick into transferring money into an account controlled by the attacker. BEC attacks usually involve planning and research in order to be effective.
- Cryptojacking: is where cyber criminals compromise a user’s computer or device and use it to mine cryptocurrencies, such as Bitcoin. Organizations don’t have great visibility when it comes to this type of attack, which means that a hacker could use valuable network resources to mine a cryptocurrency without the organization having any knowledge of it.
- Drive by Attack: A drive by download’ attack is where an unsuspecting victim visits a website which in turn infects their device with malware. The website in question could be one that is directly controlled by the attacker, or one that has been compromised. In some cases, the malware is served in content such as banners and advertisements.
- Cross-site scripting (XSS) attacks: Cross-site scripting attacks are quite similar to SQL injection attacks, although instead of extracting data from a database, they are typically used to infect other users who visit the Website. It can happen in the comment section on a webpage.
- Password attack: is a type of cyberattack where an attacker tries to guess or cracks a user’s password. Some examples: Brute-force attack, Dictionary attack, Rainbow table attack, Credential stuffing, Password spraying and Keylogger attack.
- Eavesdropping attack: Sometimes referred as “snooping” or “sniffing”, an eavesdropping attack is where the attacker looks for unsecured network communications to intercept and access data that is being sent across the network.
- AI-Powered attack: AI-powered software is able to slave machines to perform a huge DDoS attack. Also, can learn what kinds of approaches work best and adapt their attack methods accordingly. They can use intelligence feeds to quickly identify software vulnerabilities, as well as scan systems themselves for potential vulnerabilities. AI-powered attacks can work around the clock. They are fast, efficient, affordable and adaptable.
- IOT-Based attacks: is a type of attack where an attacker goes through an IOT (internet-of-things) device and exploits targets such as medical devices, security systems, smart thermometers in order to launch large-scale DDoS attacks.
What types of Cookies do we use?
We use two types of Cookies on the Platform: “session cookies” and “persistent cookies.” Session Cookies are temporary Cookies that remain on your device until you leave the Platform. A persistent Cookie remains on your device for much longer until you manually delete it (how long the Cookie remains will depend on the duration or “lifetime” of the specific Cookie and your browser settings).
What are Cookies used for?
Cookies transmit information about you and your use of the Platform, such as your browser type, search preferences, job titles, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. With the exception of an identifier Cookie that we associate with registered accounts to prevent fraud by members of the Platform, Cookies link to certain unique information that you entered at time of registration or on your profile, but this is not linked to your name.
- Preferences and Features
- Analytics and Performance
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
- MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
- ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Website or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
- GOVERNING LAW, DISPUTE RESOLUTION, VENUE, BREACH OF CONTRACT, CLAIMS & COUNTERCLAIM ARISING
In case of Breach of Contract or any Legal Disputes or Small or big claims or any Arbitration and any legal issues that need to be resolved, it will only take a place in the county of Visting Trainer LLC and that is Oakland County, Michigan courts, such court will be assigned by Visiting Trainer, LLC. at such time.
The interpretation, validity, and enforcement of this Agreement shall only be governed by the laws of the State of Michigan, USA.
- CHANGES TO TERMS
You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms constitutes acceptance of those changes.
Questions about this agreement should be sent to us at [email protected]