Welcome to Training Hub!
As used in this Agreement, the terms “Training Hub,” “us,” “we,” the “Company”, and “our” shall refer to Training Hub, LLC. Training Hub is a nationwide platform that connects trainers with trainees across all sports. Every user is allowed to have a profile and connect with trainers who are free to charge at a price, location, and time of their choice. Train Hub is a platform to connect individuals who want to offer their sports related athletic training services and knowledge with individuals looking for training/coaching in a specific sport and/or area. Training Hub offers social media features such as uploading photos and videos and the ability to comment. There is no subscription fee to sign up; payment will be made to trainers and/or coaches as independent contractors. Trainers and/or coaches are in no way agents or employees of Training Hub, LLC.
IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH TRAINING HUB, NO MATTER WHEN ARISING OR ASSERTED, THROUGH BINDING INDIVIDUAL ARBITRATION.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ACKNOWLEDGE AND AGREE THAT YOU AND TRAINING HUB EACH WAIVE THE RIGHT TO A TRIAL BY JURY. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST TRAINING HUB, WHETHER NOW PENDING OR FILED IN THE FUTURE.
BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1.1 Training Hub. Training Hub, LLC., is a limited liability company established in the United States, having its office at 1209 Orange Street, Wilmington, DE 19801, registered at National Registered Agents, Inc. under number 3387876 ("Training Hub").
1.2 What Training Hub provides. Training Hub is a nationwide platform that connects trainers with trainees across all sports. Every user is allowed to have a profile and connect with trainers who are free to charge at a price, location, and time of their choice. Training Hub is a platform to connect individuals who want to offer their sports related athletic training services and knowledge with individuals looking for training/coaching in a specific sport and/or area. Training Hub offers social media features such as uploading photos and videos and the ability to comment. There is no subscription fee to sign up; payment will be made to trainers and/or coaches as independent contractors. Trainers and/or coaches are in no way agents or employees of Training Hub, LLC.
1.3 How to use the Service. In order to be able to use the Application or Service, you first need to sign up with Training Hub. When signing up, you are obligated to provide Training Hub with your personal information, mobile telephone number and credit card data. Upon successful completion of your signing up with Training Hub, Training Hub will provide you with a personal account, accessible for you with a password of your choice. For the avoidance of doubt: Training Hub itself does not provide training and/or coaching. It is up to the trainer and/or coach to offer its services, which may be requested through the use of the Application and/or the Service. Training Hub only acts as intermediary between you and the Trainer and/or Coach. The provision of the training and/or coaching services by the trainer and/or coach to you is therefore subject to the agreement (to be) entered into between you and the trainer and/or coach. Training Hub shall never be a party to such agreement.
1.4 Payment. The use of the Application and the Service is free of charge. Training Hub reserves the right to introduce a fee for the use of the Application and/or the Service. If Training Hub decides to introduce such a fee, Training Hub shall inform you accordingly.
You agree that you will pay for all training and/or coaching services you purchase from the service provider, and that Training Hub may charge your credit card account as provided by you when registering for the Service for the coaching and/or training services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Training Hub with a valid credit card account for payment of all fees at all times.
When paid by you, these payments are final and non-refundable, unless otherwise determined by Training Hub. Training Hub, in its sole discretion, may offer credits or refunds on a case-by-case basis.
1.5 Independent Contractor. It is understood that in the performance of the services herein provided for, Trainer and/or Coach shall be, and is, an independent contractor, and is not an agent or employee of Training Hub, LLC., and shall furnish such services in its own manner and method except as required by this Agreement.
2.1 In General. You may use the Services only if you agree to form a binding contract with Training Hub and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services.
If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Platform, and your parent or legal guardian must read and agree to this Agreement prior to your using the Platform. Notwithstanding the foregoing, you are not authorized to use the Platform or otherwise access the Services if you are under the age of 13. If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired payment method on file, or if Training Hub has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Training Hub has the right to block your current or future use of the Platform and/or the Services (or any portion thereof) and/or terminate this Agreement with you. If your Account is terminated for any or no reason, you may forfeit any pending, current, or future account credits.
2.3 Permission by Parent or Guardian. If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Your parent or legal guardian also must be present during any and all training sessions. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service and during any training session derived from the Service.
2.4 Businesses. If you are using the Service on behalf of a company or organization, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.
3.1 In order to use the service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
3.2 You can accept the Terms by simply using the Service. You understand and agree that Training Hub will treat your use of the Service as acceptance of the Terms from that point onward.
3.3 You may not use the Service and may not accept the Term if (a) you are under 13 years old, (b) you are under 18 years old and do not have the permission of, and are not directly supervised by, your parent or legal guardian to use the Platform, or (c) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are a resident or from which you access or use the Service.
3.4 You agree to comply with these Terms and check this page from time to time to ensure you are aware of any change.
3.5 You agree to comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements.
3.6 You agree that you will use the latest version of the App.
3.7 You agree to treat other users in a courteous and respectful manner on our services.
3.8 You agree to be respectful when communicating with any of our customer care representatives or other employees.
3.9 You agree to maintain a strong password and take reasonable measures to protect the security of your login information.
4.1 By using our Services, you represent and warrant that:
1. You are at least 13 years old;
2. If you are under 18 years old, at all times you are under your parent or legal guardian’s supervision while using the Service;
3. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
4. You are not on any list of individuals prohibited from conducting business with the United States;
5. You are not prohibited by law from using our services;
6. You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
7. You are not required to register as a sex offender with any state, federal or local sex offender registry;
8. You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
9. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, comments, training plans, sport related services, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
10. That all information you provide or provided to Training Hub upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
If at any time you cease to meet these requirements, you must immediately delete your account, and we retain the right to remove your access to our services without warning.
4.2 You agree that you will not:
1. Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
2. Use the Services in a way that damages the Services or prevents their use by other users;
3. Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
4. Use our Services for any harmful, illegal, or nefarious purpose;
5. Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
6. Post or share Prohibited Content (see below);
7. Use another user’s account;
8. Use our Services in relation to fraud, a pyramid scheme, or other similar practice;
9. Use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws;
10. Disclose private or proprietary information that you do not have the right to disclose;
11. Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Training Hub’s prior written consent;
12. Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
13. Upload viruses or other malicious code or otherwise compromise the security of our Services;
14. Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
15. “Frame” or “mirror” any part of our Services without Training Hub’s prior written authorization;
16. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
17. Use, access, or publish the Training Hub application programming interface without our written consent;
18. Probe, scan or test the vulnerability of our Services or any system or network; or
19. Encourage, promote, or agree to engage in any activity that violates these Terms;
21. Do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose;
22. Attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission;
23. Sell, license, or purchase any account or data obtained from us or our Service. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect Training Hub usernames, or passwords;
24. Post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods). You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share.
6.1 Content Defined. The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, training plans, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). Training Hub is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you have a Training Hub account, you may be able to upload Content to the Service. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service.
6.2 Rights you Grant. You agree that we can download and install updates to the Service on your device. You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Training Hub and other users of the Service, as described below.
6.3 License to Training Hub. By providing Content to the Service, you grant to Training Hub a worldwide, non-exclusive, royalty-free, transferable, license (with the right to sub-license) to use that Content (including to copy, reproduce, process, adapt, publish, transmit, distribute, modify, display and perform it) and create derivative works of your content, in any and all media or distribution methods now known or later developed.
6.4 License to Other Users. You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.
6.5 Duration of License. The licenses granted by you continue until the Content is removed. Once removed, the licenses will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require Training Hub to: (a) recall Content that is being used by other users; or (b) delete copies we reasonably need to keep for legal purposes.
7.1 Training Hub prohibits uploading or sharing content that:
1. Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
2. Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
3. Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
4. Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
5. Is defamatory, libelous, or untrue;
6. Involves the transmission of “junk” mail or “spam”;
7. Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Training Hub or otherwise;
8. Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
9. Was not written by you or was automatically generated, unless expressly authorized by Training Hub;
10. Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian; or
11. May harm the reputation of Training Hub or its affiliates.
12. You understand and agree that Training Hub cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk.
The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.
7.2 Duty to notify. You agree to promptly notify Training Hub in writing of any User Content which breaches these User Terms. You agree to provide to Training Hub sufficient information to enable Training Hub to investigate whether such User Content breaches these User Terms. Training Hub agrees to make good faith efforts to investigate such complaint and shall take such action as Training Hub in its sole discretion decides. However, Training Hub does not warrant or represent that it will block or remove (in whole or in part) such user Content. Training Hubcannot and will not be responsible for the Content posted on the Service.
On becoming aware of any potential violation of these terms, Training Hub reserves the right (but shall have no obligation) to decide whether Content complies with the Content requirements set out in these terms and may remove such Content and/or terminate a user’s access for uploading Content which is in violation of these Terms at any time, without prior notice, at its sole discretion.
Training Hub gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Training Hub, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of the United States. Nothing in the Terms gives you a right to use the Training Hub name or any of the Training Hub trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Training Hub and its licensors. Any feedback, comments, or suggestions you may provide regarding Training Hub, or the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Training Hub alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by Training Hub. Training Hub’s name, logo, and the product names associated with the Application and Service are trademarks of Training Hub, its affiliated companies or third parties, and no right or license is granted to use them.
Training Hub does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others.
YOU UNDERSTAND THAT TRAINING HUB DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. TRAINING HUB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. TRAINING HUB RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE TRAINING HUB TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS BUT NOT LIMITED TO IDENTITY VERIFICATION CHECKS AND SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY TRAINING HUB, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though Training Hub strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users.
Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Training Hub makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Training Hub or through the Services, will create any warranty or representation not expressly made herein.
We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
UNDER NO CIRCUMSTANCES WILL THE TRAINING HUB PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE TRAINING HUB CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TRAINING HUB PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE TRAINING HUB PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE TRAINING HUB PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TRAINING HUB PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TRAINING HUB’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE TRAINING HUB PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE TRAINING HUB PARTIES.
TRAINING HUB IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Training Hub’s request), indemnify and hold Training Hub harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
In the unlikely event that we have a legal dispute, here is what you need to know.
If you are dissatisfied with our Services for any reason, please contact Training Hub Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against Training Hub, these terms will apply.
14.1 ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER
If you pursue a legal claim against Training Hub, you agree to arbitration
You and Training Hub agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of this Agreement, or that in any way relate to your use of the Platform, the Materials, the Services, and/or other content on the Platform, your relationship with Training Hub, or any other dispute with Training Hub, shall be submitted exclusively to binding arbitration. This includes claims that arose, were asserted, or involve facts occurring before the existence of this or any prior Agreement as well as claims that may arise after the termination of this Agreement.
Notwithstanding the foregoing, issues related to the scope, validity, and enforceability of this Arbitration Agreement are for a court to decide. Also, each party retains the right to (1) elect to have any claims heard in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction and (2) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other confidential or proprietary information or intellectual property rights.
ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND TRAINING HUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings.
14.2 Arbitration rules. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION administered by The American Arbitration Association ("AAA"). If AAA is not available to arbitrate, the parties will select an alternative arbitration provider. The AAA will administer the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1 (together, the "Applicable AAA Rules"). The Applicable AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1- 800-778-7879.
14.3 Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Applicable AAA Rules. (The AAA provides applicable forms for Demands for Arbitration available at www. Adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Also, regardless of any statute or law to the contrary, you must provide notice to Training Hub, pursuant to the procedures in the “Dispute Resolution” section, of any claim within one year of its accrual, or your claim will be waived and barred.
14.4 Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the applicable AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator's award of damages and/or other relief must be consistent with this agreement and with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable.
Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Training Hub will have the right to recover attorneys’ fees and expenses.
Delaware law and the Federal Arbitration Act will apply if there is a dispute
Except for the “Dispute Resolution” section, the terms, conditions, and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The Federal Arbitration Act will govern the interpretation and enforcement of the “Dispute Resolution” section.
We reserve the right to modify, amend, or change the Terms at any time. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Training Hub’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Training Hub, LLC. at 1209 Orange Street, Wilmington, DE 19801 U.S.A.