Limitation of Liability
Fitness programs and dietary suggestions provided via Train Like Athletes LLC (the “Site” or the “Company”) are provided to the User for informational purposes only. Nothing provided by the site constitutes personalized, medical, fitness or dietary advice. Content providers for the site have not performed any personal examination or assessment of any user, and the User of the site voluntarily accepts all risk in connection with the User’s access and use of the Site and the information provided by the Site. It is the sole responsibility of the User to consult with medical, fitness, and/or dietary professionals prior to implementing any of the fitness programs or dietary suggestions provided via the site. The Company will not be liable for any injury or sickness suffered by the User in connection with the User’s use of the site.
Company, its officers, directors, employees, affiliates, and agents assume no liability or responsibility for, and in no event, including negligence, shall Company, its officers, directors, employees, affiliates, or agents, be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from, any:
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, or the site materials;
Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
Interruption or cessation of transmission to or from the site;
Bugs, viruses, trojan horses, or the like, which may be transmitted to or through the site, or sites linked to by this site, by any third party; and/or
Errors or omissions in any content made available by Company, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Company is or has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event shall company’s aggregate liability exceed $100.00. This allocation of risk under these terms is an essential basis of the bargain between the parties. Each of these provisions shall be severable and independent of all other provisions set forth in these terms. The limitations in this section shall apply even if any limited remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Except for liability arising out of company’s gross negligence or willful misconduct, under no circumstances will company’s total liability of all kinds arising out of or related to these terms or any applicable subscription agreement (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the total amount paid by you to company under the applicable subscription agreement during the six (6) months preceding the claim (determined as of the date of any final judgment in an action).
Each provision of this agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of this agreement between you and company. This allocation is reflected in pricing offered by company to you and is an essential element of the basis of the bargain between you and company. Each of these provisions is severable and independent of all other provisions of this agreement. The limitations in this section will apply notwithstanding the failure of essential purpose of any limited remedy.
Except for actions for nonpayment or breach of proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either you or Company more than one (1) year after the cause of action has accrued.
Warranties Disclaimed
The site, the site materials, information, products, and services included in or made available in connection with the site and the site materials are provided “as is,” with no warranties whatsoever. The Company expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Company and our licensors disclaim any warranties regarding the permissibility of the site in your jurisdiction, the accuracy, security, reliability, timeliness, availability, compatibility, and performance of the site, the site materials, and any third-party or user content. Company and our licensors disclaim any warranties for services or goods received through or advertised on the site or in connection with the site or received through any content displayed on the site.
You agree that your access to or use of the site, and the site materials, shall be at your sole risk. To the extent that another party may have access to or view content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.
You understand and agree that you download or otherwise obtain material or data through the access to or use of the site, at your own discretion and risk. Company does not warrant that the site, the site materials, or any user content will be error-free, that access thereto will be uninterrupted, that defects will be corrected, that data will not be lost or that the site or the server that makes such content available is free of viruses or other harmful components. In such event, you assume the entire cost of all necessary servicing, repair, or correction.
Company does not warrant or make any representation regarding the access to or use or the results of the access to or use of the site, or the site materials. You hereby irrevocably waive any claim against company, its affiliates, shareholders, directors, officers, employees, and agents with respect to the site, goods or services provided by us, or the site materials. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of 30 days after the date on which you first used the site, and no warranties will apply after such period.