USER AGREEMENT
The following User Agreement informs you of the terms, conditions, disclaimers,
and policies (“Terms and Conditions”) applicable to your use of
Gamertrainer.com, LLC’s (“Gamertrainer”) website. This Agreement is a legally
binding contract between you and Gamertrainer.
TERMS AND CONDITIONS
Gamertrainer facilitates the scheduling of trainers with their respective
customers, provides/maintains a forum/message boards for Users to interact with
one another or with other trainers, post game reviews, advertise upcoming events
and maintain “blogs” for the benefit of our Users. At times, we also allow
third-parties to advertise or post information as well. All actual training
sessions will be conducted on other websites,
console based online services or any other medium as agreed to between the
trainer and their customers. Gamertrainer will not provide a means for the
training sessions to be conducted directly from this web site.
Furthermore, it should be noted that the
“trainers” are not employees of Gamertrainer and therefore, Gamertrainer is not
liable for the actions of the trainers soliciting business through this web
site. Gamertrainer does not guarantee or warrant that a User’s gaming will
improve as a result of participating in the training sessions.
Acceptance of Terms and Conditions
By accessing and using our website, you acknowledge your agreement to the Terms
and Conditions of this Agreement. You must be at least
18 years of age or older and have attained the age of majority in the province,
state or country in which you live. The information you provide must be complete
and correct. The services offered to you through our website are conditioned
upon your acceptance of the Terms and Conditions without any modification,
changes or deletions. You must agree to the Terms and Conditions by selecting
“Accept” below. If you do not agree to the Terms and Conditions stated
herein, you are prohibited from using this website and must discontinue your
registration and select “Decline” below.
Please note that this contract limits our
liability and we do not provide warranties for any of the services offered. The
contract also limits your remedies against Gamertrainer.
Materials Posted or Provided by User
To the extent that you are able to submit, post, transmit or share, with
Gamertrainer, its agents or affiliates, or other users, images, or other
materials for use in connection with this web site, (“Submission”) we do not
claim any ownership of those transmissions. By posting or otherwise providing
your Submission, you are granting the public permission to use, copy,
distribute, display, perform or modify your Submission, for personal and
non-commercial use. This includes publishing your name, gamertag or other
information you provide in connection with the Submission. You also give the
public permission to grant this permission to others. If the Submission is or
contains a photograph or digital image, you hereby expressly waive any and all
rights to privacy and publicity with respect to the image. This section only
applies for legally permissible and authorized content, and to the extent that
use and publishing of legal content does not breach the law.
We will not pay you for your Submission and
may refuse to transfer or use your image at any time and for any reason. It is
understood and agreed that you must have all rights necessary for you to grant
the permissions in this section. It is further understood and agreed that this
section only applies to legally permissible and authorized content.
By transferring or posting the Submission, you
should not expect any level of privacy concerning your use of the “live
communication” features, such as chat rooms, blogs, message boards, etc.,
provided by this website. In fact, you understand that these communications may
be recorded and used by others. Furthermore, Gamertrainer and any of its
affiliates may use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such Submission, in whole or in
part, as it so desires. The right to do so is irrevocable, non-exclusive,
royalty-free, perpetual and fully sub-licensable.
You agree to indemnify and hold harmless
Gamertrainer, its employees, agents or affiliates for any and all claims
resulting from the content of your Submissions.
Communications Monitoring
While we do not routinely monitor your use of the “live communication” features;
it is understood and agreed that we may monitor your messages and may disclose
information about you, including contents of messages, as provided by law. We
will exercise our rights to the maximum extent permitted by law if we deem it
necessary to: (1) conform to legal requirements or respond to legal process; (2)
ensure your compliance with this contract; or (3) protect the rights, property
or interests of Gamertrainer, its employees, agents, or affiliates, customers or
the general public.
By posting a Submission or otherwise using the
“live communications” features, you represent and warrant that you own or
otherwise control the rights to the content you post; that the content is
accurate; that use of the content does not violate any of the policies of
Gamertrainer and will not cause injury to or violate the rights of other
individuals or entities.
Billing
Gamertrainer accepts the following major credit
cards: Discover, Visa, MasterCard and American Express.
We do not support PayPal at this time. Payment is immediately due upon booking
your training session – there are no exceptions.
Code of Conduct
By using the Gamertrainer website, you agree to abide by its Code of Conduct;
specifically, you agree not to do the following:
·
Engage in any illegal activity.
Gamertrainer is not responsible for anything you say or do on the website or for
any liability resulting from your actions. You are solely responsible for your
actions and the consequences thereof.
·
Use this website or its services
if you are age 13 or younger.
·
Allow someone who is age 13 or
younger to use your account to access this website or its services.
·
Disseminate or transmit “spam,”
unsolicited messages, chain letters, or unsolicited commercial email.
·
Disseminate, distribute, post, publish, upload or transmit defamatory,
obscene, sexual, infringing or other unlawful materials such as child
pornography or illegal drugs including, but not limited to, images, audio, video
or text.
·
Post links to website that violate this Code of Conduct or any other Policies of
Gamertrainer.
·
Provide information that
personally identifies you, including but not limited to, name, address, date of
birth, social security number, financial information, credit card information.
·
Create a gamertag, user name,
motto, etc. that may offend other users or the public, including but not limited
to sexual innuendos, profanity, hate speech, illegal drugs/controlled
substances, illegal activities, racial, ethnic or religious slurs.
·
Disseminate or transmit viruses,
Trojan horses or any malicious code or program.
·
Create a false identity or
otherwise attempt to mislead any person as to the identity or origin of a
communication
·
Engage in any other activity
deemed to be unacceptable by Gamertrainer for any reason
Gamertrainer may cancel, suspend, ban or
temporarily ban your account if you violate this Code of Conduct. Gamertrainer
is not obligated to notify you prior to canceling, suspending, or banning you
from your account.
Copyright
The content of this website, including but limited to, text, graphics, logos,
images, links, icons, button icons, audio and video clips,
software, digital downloads, are the exclusive property of, or licensed
by Gamertrainer and is protected by domestic and international copyright laws.
Liability Limitation; Exclusive Remedy
To the extent that you are awarded damages, you may recover direct damages only
in an amount not to exceed the total cost of the individual training session you
booked, and in no event to exceed $130.00. In no event shall User be entitled to seek or recover
any other damages, including but not limited to consequential, lost profits,
special, indirect or incidental damages.
This applies even if this remedy does not fully compensate you for any losses
you may have incurred.
Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT THE USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE
GAMERTRAINER WEBSITE, ALL MATERIALS ON THE GAMERTRAINER WEBSITE AND ALL PRODUCTS
AND SERVICES OFFERED VIA THE GAMERTRAINER WEBSITE, TO THE EXTENT THAT ANY ARE
OFFERED, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. FURTHERMORE, GAMERTRAINER DOES NOT WARRANT THE SERVICES OR PRODUCTS
OF THE TRAINERS OR GAMING PLATFORMS UTILIZED BY THE TRAINERS. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER WE NOR ANY OF OUR RESPECTIVE AGENTS OR
CONTRACTORS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE GAMERTRAINER WEBSITE
WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR
THAT THE GAMERTRAINER WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR RESPECTIVE
AGENTS OR CONTRACTORS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF SERVICES, PRODUCTS OR MATERIALS ON THE GAMERTRAINER
WEBSITE WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO
YOUR SYSTEM.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT
LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST
PROFITS OR COSTS OR ATTORNEY’S FEES, THAT RESULT FROM THE USE OF OR THE
INABILITY TO USE THE GAMERTRAINER WEBSITE OR MATERIALS OR FUNCTIONS ON THE
GAMERTRAINER WEBSITE, REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT LIABILITY IS FOUND DESPITE THIS
PARAGRAPH, THE TOTAL LIABILITY OF GAMERTRAINER AND/OR ANY OF ITS AGENTS,
CONTRACTORS OR EMPLOYEES TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES
SHALL BE LIMITED TO AN AMOUNT NO LARGER THAN THE TOTAL COST OF THE INDIVIDUAL
TRAINING SESSION YOU BOOKED, AND IN NO EVENT TO EXCEED $130.00
Indemnification
You hereby agree to indemnify and hold harmless Gamertrainer, its subsidiaries,
affiliates, officers, directors, agents and employees, from any expense, loss,
claim damage, fine, penalty, or liability, including attorney’s fees and other
professional fees, payable under any judgment, verdict, court order or
settlement, to the extent resulting from any claim, demand, action, suit,
arbitration or other proceeding initiated by any third party, including the
assessment, claim or demand by a governmental agency or entity, arising out of
your breach of this Agreement, including any claims arising out of your link to
the Gamertrainer website, if applicable.
Changes to Service; Cancellation of Service
Gamertrainer may change services or features, games or other content at any time
and for any reason. Cancellation or suspension of any services or features,
games or other content may be with or without cause and/or with or without
notice. If the service is cancelled or suspended, any data you have stored on
through Gamertrainer may not be retrieved at a later date. If Gamertrainer
cancels the service without cause, any funds on deposit will be refunded to you,
on a pro-rata basis.
Any User may cancel or terminate using the
services of Gamertrainer, with or without cause, upon notice to Gamertrainer.
Any funds on deposit with Gamertrainer will be forfeited at the time of
cancellation by the User.
Gamertrainer is not responsible for or liable
for the actions of the trainers as they are independent contractors. However,
if, through no fault of the User, a trainer fails to provide services as
scheduled and confirmed through this website, Gamertrainer will credit the User
for those hours for future training sessions with that trainer or in certain
circumstances determined solely by Gamertrainer, a different trainer.
Choice of Law and Venue of Resolving Disputes
Any claims for breach of this Agreement or related to the use of this website
will be subject to the laws of the state of Ohio,
USA,
without reference to conflict of laws principles. Furthermore, User consents to
the exclusive jurisdiction and venue of the courts in
Cuyahoga County, Ohio.
Use of this website is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, privacy policies and
code of conduct.
Language
It is the express intention of the parties that this Agreement and all related
documents have been drawn up in English and that all communications between
Gamertrainer and User will be in English.