By using Live Trained LLC’s (“Live Trained” “we” or “us”) programs, accessing any Live Trained website, including but not limited to www.livetrained.com, and Live Trained App or Live Trained portal, or using any of Live Trained’s other products or services that link to these Terms (the “Services”), you hereby form a binding contract with Live Trained and agree to these Terms.
If you do not agree to these Terms, then you may not use the Live Trained website or Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND LIVE TRAINED AGREE THAT DISPUTES BETWEEN Live Trained WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND LIVE TRAINED. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who Can Use the Services
No one under 18 is allowed to create an account or use the Services unless the person has had their parent or ward sign Live Trained’s current acknowledgement and release form for minors located on Live Trained’s website and app.
By using the Services, you agree and warrant that:
We may, in our sole discretion, refuse to offer the Services to any person or entity
2. Your Rights
Live Trained grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sub-licensable license to access and use the Services that are either free or that you have paid for per these terms. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and Live Trained’s usage policies allow.
Any software that we provide may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of Live Trained’s Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have Live Trained’s written permission to do so.
3. Rights Granted to Live Trained
Some of Live Trained’s Services may let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant Live Trained a worldwide, royalty free, perpetual license to use that content.
Submissions that are set to be viewable by Everyone as well as content you submit to crowd-sourced Services are considered “Public Content.” For all content you submit to the Services other than Public Content, you grant Live Trained and Live Trained’s affiliates a worldwide, royalty-free, sub licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content.
In addition to granting Live Trained the rights mentioned in the previous paragraph, you also grant Live Trained a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Public Content, you also grant Live Trained, Live Trained’s affiliates, and Live Trained’s business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from Live Trained, Live Trained’s affiliates, or Live Trained’s business partners if your name, likeness, or voice is conveyed through the Services, either on the Live Trained application, Live Trained’s Social media, or on one of Live Trained’s business partner’s platforms.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
The Services may contain advertisements. In consideration for Live Trained letting you access and use the Services, you agree that we, Live Trained’s affiliates, and Live Trained’s third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.
Additonally, to the greatest extent possible, you authorize Live Trained to share any information you upload, and any deriviative information and deriviatve works based on the information you upload, with third parties in exchange for payment to Live Trained, and you agree that you will not be owed any portion of that payment.
You hereby warrant that you own (or have all rights necessary to grant Live Trained the rights to) all content that you submit to Live Trained, and that we will not need to obtain licenses from any third party or pay royalties to any third party in order to use such content.
We always love to hear from Live Trained’s users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
4. The Content of Others
Some of the content on Live Trained’s Services may be produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Live Trained reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So, we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to Live Trained’s Terms. Therefore, you agree to hold Live Trained harmless regarding any content provided by third parties and agree that you will not hold Live Trained responsible for any and all injury and/or other damages that such content may cause.
Live Trained respects the rights of others, and so should you. You therefore agree not use the Services, or enable anyone else to use the Services, in a manner that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
- bullies, harasses, or intimidates.
- is unwanted sexual or romantic advances
- is offensive discriminatory communication
- threatens violence
- is disruptive to the enjoyment of other Live Trained customers
- spams or solicits Live Trained’s users or talent/coaches.
- or is reasonably foreseeable to cause any other harm.
You must also respect Live Trained’s rights. You also agree you will not do any of the following (or enable anyone else to do so):
- use branding, logos, designs, photographs, videos, or any other materials used in Live Trained’s Services.
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
- use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without Live Trained’s consent.
By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
- You will not use or develop any third-party applications that interact with the Services or other users’ content or information without Live Trained’s written consent.
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user’s account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of Live Trained’s Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
By using the Services, you agree not to post, upload, publish, submit or transmit any information or other material that:
- infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
We respect the safety and privacy of all Live Trained’s clients. Live Trained has a zero tolerance policy for abusive behavior. As a subscriber of Live Trained, you must refrain from the following prohibited activities:
- Bullying, name-calling or other aggressive behaviors
- Unwanted contact, stalking, or harassment of other clients
- Collection or storage of any personally identifiable information from the Services from other subscribers without their express prior permission
- Collection of personal data about other subscribers for unlawful purposes
- Collection of Personal Data about individuals under 18, for any purpose.
Live Trained is not a substitute for Medical, Legal, or other professional advice. Please do not:
- Provide users with medical, counseling, legal or other professional services or advice.
- Impersonate or misrepresent your affiliation with any person or entity
- Use Live Trained to disseminate professional information or services.7. Respecting Copyright:
Live Trained is for personal, non-commercial use only. The following actions are prohibited:
- Use of the services to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation
- Use of the Services for any commercial purpose or the benefit of any third party or in any manner not explicitly permitted by the Terms of Service
- Dissemination of advertisements or other irrelevant content
- Repetitive posts, or multiple posts containing the same or similar content
- Collection of personal data about other clients for commercial purposes.
Live Trained services may not be used to compromise Live Trained’s security. It is not permitted to use the Services to:
- Access, tamper with, or use non-public areas of the Website, App, Live Trained computer systems, or the technical delivery systems of Live Trained providers
- Attempt to probe, scan, or test the vulnerability of any Live Trained system or network or breach any security or authentication measures
- Avoid, bypass, remove, deactivate, impair or otherwise circumvent any technological measure or measures implemented by Live Trained or any of Live Trained‘s providers or any other third party (including other subscribers) to protect the Services
By using the Services, you agree that, in addition to exercising common sense:
- You will not create more than one account for yourself.
- You will not create another account if we have already disabled your account, unless you have Live Trained’s written permission to do so.
- You will not buy, sell, rent, or lease access to your Live Trained account, uploaded content, a Live Trained username, or a friend link without Live Trained’s written permission.
- You will not share your password.
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
7. Respecting Copyright:
Live Trained honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from Live Trained’s Services any infringing material that we become aware of. And if Live Trained becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within Live Trained’s power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with Live Trained’s designated agent:
Bradley Gies, Esq.
Bradley Gies P.A.
1983 PGA Blvd, ste 104b
Palm Beach Gardens, FL 33408
If you file a notice with Live Trained’s Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
- contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- identify the copyrighted work claimed to have been infringed.
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let Live Trained locate the material.
- provide your contact information, including your address, telephone number, and an email address.
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
YOU HEREBY ACKNOWLEDGE THAT PHYSICAL FITNESS TRAINING IS AN INHERENTLY RISKY ACTIVITY, AND YOU HEREBY ASSUME ALL RISKS OF PARTICIPATING IN THE SERVICES.
YOU HEREBY AGREE THAT YOU WILL SEEK AND RECEIVE CLEARANCE FROM YOUR PRIMARY CARE PHYSICAN BEFORE ENGAGING IN ANY OF THE SERVICES.
NOTHING STATED OR POSTED ON THE LIVE TRAINED SITE OR AVAILABLE THROUGH ANY LIVE TRAINED SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE LIVE TRAINED SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, LIVE TRAINED MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE LIVE TRAINED SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
You hereby agree that you will ALWAYS be aware of your surroundings when using the Services.
You hereby agree that you will NEVER use Live Trained in a location that puts you risk of injury or other dangerous location, NEVER use Live Trained while operating any vehicle, and NEVER use Live Trained while under the influence of drugs or alcohol.
In becoming a user of Live Trained with the intent of using the Live Trained Service, you affirm that, unless your physician or general practitioner has been specifically consulted by you regarding the following and approved of your use of the Live Trained Service, all of the following statements are true:
- no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
- you have never felt chest pain when engaging in physical activity;
- you have not experienced chest pain when not engaged in physical activity at any time within the past month;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have a bone or joint problem that could be made worse by a change in your physical activity;
- your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
- you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;
- you are not pregnant, breastfeeding or lactating ;and
- you do not know of any other reason you should not exercise; or
Live Trained reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
Membership Holders agree to pay the fee or fees specified when you purchased your Membership (plus any applicable taxes and other charges).
You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a =basis that is indicated at time of checkout , in advance, for your Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Membership Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Live Trained, nor any Live Trained agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Membership Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. You hereby consent to auto renewal of your membership as indiciated at the time of checkout.
You agree to pay us, through our payment processors, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
10. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using Live Trained’s Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
11. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through Live Trained’s Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Live Trained is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
12. Modifying the Services and Termination
We’re relentlessly improving Live Trained’s Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong Live Trained participant, you can terminate these Terms at any time and for any reason by deleting your account.
Live Trained may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use Live Trained’s Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
If Live Trained or any employees, affiliates, talent, coaches, subcontractors, licensors, agents, and/or suppliers determine, in their sole discretion, that you have violated these terms, that person may modify or end your session early, you will not be refunded the session cost, and Live Trained may terminate your membership without refunding you for any fees you have already paid.
Regardless of who terminates these Terms, both you and Live Trained. continue to be bound by Sections 3, 4, 6, 9, 10, and 13-22 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Live Trained, Live Trained’s affiliates, coaches, talent, directors, officers, stockholders, employees, subcontractors, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE LIVE TRAINED. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
LIVE TRAINED TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH LIVE TRAINED’S SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH LIVE TRAINED WILL BE RESPONSIBLE FOR.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVE TRAINED AND LIVE TRAINED’S MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, TALENT, COACHES, SUBCONTRACTORS, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF LIVE TRAINED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIVE TRAINED’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID LIVE TRAINED, IF ANY, IN THE LAST 12 MONTHS.
16. Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND LIVE TRAINED TO AGREE TO RESOLVE ALL DISPUTES BETWEEN Live Trained THROUGH BINDING INDIVIDUAL ARBITRATION.
Applicability of Arbitration Agreement. You and Live Trained agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Live Trained are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between Live Trained before the effective date of these Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Live Trained. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Live Trained.
Waiver of Jury Trial. YOU AND LIVE TRAINED WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Live Trained are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Live Trained over whether to vacate or enforce an arbitration award, YOU AND LIVE TRAINED WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Live Trained can force the other to arbitrate. To opt out, you must notify Live Trained in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Live Trained username and the email address you used to set up your Live Trained account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must mail your opt-out notice to this address:
ATTN: Bradley Gies - Arbitration Op-Out, 1983 PGA BLVD, Ste 104b, Palm Beach Gardens, FL 33408
Small Claims Court. Notwithstanding the foregoing, either you or Live Trained may bring an individual action in small claims court.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Live Trained.
17. Exclusive Venue
To the extent that these Terms allow you or Live Trained. to initiate litigation in a court, both you and Live Trained. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the state or federal courts located in West Palm Beach Florida. You and Live Trained consent to the personal jurisdiction of such courts.
18. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of Florida, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. Additional Terms for Specific Services
Given the breadth of Live Trained’s Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with Live Trained if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
21. Final Terms
These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Live Trained and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without Live Trained’s consent.
22. Medical Disclaimer
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Never disregard, avoid, or delay in obtaining medical advice from a qualified healthcare provider based on information obtained through the Services. LIVE TRAINED DOES NOT PROVIDE MEDICAL ADVICE. Reliance on any information provided by Live Trained, its employees, partners, or other customers of the Services is solely at your own risk. Live Trained does not recommend or endorse any specific test, facility, provider, product, procedure, opinion, or other information that may be mentioned on the services.