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Introduction

These Website and App Standard Terms and Conditions written on this webpage shall manage your use of our website, TrainerDay and our iOS application our site is accessible at trainerday.com

By using this Website or our app, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 16 years old are not allowed to use this website or our training app.

Intellectual Property Rights

IF YOU UPLOAD WORKOUTS FROM OTHER PLATFORMS, such as TrainerRoad, Zwift, Sufferfest or others. Please do not share it with the world. KEEP IT PRIVATE FOR YOUR OWN USE. Using workouts and plans from other platforms is just like shopping at the local bike store and buying online. We built TrainerDay because we felt people should be able to share their own ideas, which are always derived from someone else’s ideas. Workouts in themselves are not copyrightable, but the names and descriptions are. We do not support harming these other great businesses and products. We also have a take down request form which you can find on the footer of our website.

For any workouts you create on our platform are your intellectual property owner and you agree to allow unlimited use to anyone using our platform. You also bear responsibility for providing intellectual property that is not your own. TrainerDay Inc and/or its licensors own all the other intellectual property rights and materials on our website(s).

You are granted a limited license only for purposes of viewing the material contained on this website as well as everyone has free use of any public workouts generated by the TrainerDay users.

Restrictions

• You will not use TrainerDay if you are not at least 16-years of age
• You will not publish any copy-written materials in any TrainerDay site content, plans or workouts unless created by you.
• Selling, sub-licensing and/or otherwise commercializing any website material including workouts, lists and plans unless created by you.
• Using this website in any way that is or may be damaging to this website;
• Using this website in any way that affects user access to this website;
• Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; Other than API usage for the purpose of enhancing the TrainerDay/ERGdb community via additional free distribution of our workouts, unless allowed by TrainerDay in writing.
• Using this website to engage in any advertising or marketing unless written permission is given.

Certain areas of this Website are restricted from being access by you and Zuz LLC may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Zuz LLC a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Zuz LLC reserves the right to remove any of Your Content from this Website at any time without notice.

Your Privacy

Please read Privacy Policy.

No warranties

This Website is provided “as is,” with all faults, and Zuz LLC express no representations or warranties of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall Zuz LLC, nor any of its officers, directors, and employees shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Zuz LLC, including its officers, directors, and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent Zuz LLC from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Zuz LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The Zuz LLC is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Zuz LLC and you in relation to your use of this Website and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the United States (Washington State), and you submit to the non-exclusive jurisdiction of the state and federal courts located in us for the resolution of any disputes.