Terms and Conditions of Service
CAROLYN TRAINS (“CAROLYN TRAINS”, “we”, or “us”) provides a personalized online fitness coaching and workout program, and related services, content, features and products through the CAROLYN TRAINS website located at https://www.carolyntrains.ca/ (the "CAROLYN TRAINS Site", "Website", or the "Site") and through mobile and desktop or device applications (including iOS and applications) and social media pages controlled by CAROLYN TRAINS (including on Facebook, Instagram, Linked In, and Twitter) (collectively, the “CAROLYN TRAINS Service” or the “Service”). By registering as a member or by visiting, browsing, or using the Service in any way, you (as a “user”) have read, understood, and accept these Terms and Conditions of Service ("Terms" or “Agreement”), which forms a binding agreement between you and CAROLYN TRAINS. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In order to use our Services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
The CAROLYN TRAINS Service
Subject to your compliance with this Agreement, CAROLYN TRAINS grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Service for your own personal, non-commercial purposes. This license includes the right to view content available on the Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted in writing by an authorized representative of CAROLYN TRAINS, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the CAROLYN TRAINS Service, nor will you take any measures to interfere with or damage the CAROLYN TRAINS Service. All rights not expressly granted by CAROLYN TRAINS in this Agreement are reserved.
Membership and Subscriptions
To enjoy access to the CAROLYN TRAINS Service, you must register as a member of the CAROLYN TRAINS Service and enter into a subscription agreement for access to our workouts, content and features (a “Subscription”). You must provide complete and accurate registration information to CAROLYN TRAINS, complete the Subscription process, and notify us if any of your information changes.
You may not use someone else's name, or any name, location or other public profile information that violates any third party rights or that is offensive, obscene or otherwise objectionable (in CAROLYN TRAINS' sole discretion). Similarly, you may not use any image that violates any third party rights or that is offensive, obscene or otherwise objectionable (in CAROLYN TRAINS' sole discretion).
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the CAROLYN TRAINS Service. If you become aware of an unauthorized access to your account, change your password and notify us immediately at carolyn@carolyntrains.ca.
CAROLYN TRAINS offers different subscription levels. By purchasing a Subscription you will get full access to the CAROLYN TRAINS features and content available for that level of Subscription for as long as that Subscription remains active. The fee for the Subscription and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method via Stripe. Your Subscription recurs until cancelled in accordance with the terms below. Billing occurs at the beginning of the Subscription cycle and provides unlimited access for one month thereafter. The prices we charge for using each level of our services are listed on the Website. We reserve the right to make subscription increases and will provide minimum one month's notice of any planned increase. Features for each level of subscription are subject to change. Additional information about pricing and sales tax is available on the payments page.
When subscribing to a Subscription, you agree that: (i) you are responsible for reading the full service/plan listing before making a commitment to purchase it; (ii) you enter into a legally binding contract to purchase a service when you complete the check-out payment process.
Any free trial or other promotion must be used within the specified time frame of the trial or promotion.
The account holder of the Subscription will be the person who activated the Subscription (the “Subscription Holder”).
Free Trial Terms
14 days of subscription to the Carolyn Trains Essentials Plan, starting from the date of enrollment, is free. Payment information is not collected for this Free Trial. To be eligible for the Free Trial, you must be a new Carolyn Trains customer. Participants in the I Do Good program are not eligible for the Free Trial, and vice versa. This restriction ensures fairness in accessing promotional offerings.
You will be notified via e-mail of the approaching expiration of your trial period prior to the expiration date. To continue using the plan after your trial, you will need to sign up for a subscription on the Carolyn Trains website. You can cancel your Carolyn Trains Free Trial at any time via the Cancel My Subscription page.
This program is non-transferable and may not be combined with any other promotional offer. Terms, conditions, service and support options, and eligibility requirements are subject to change without notice.
I Do Good Program Terms
The Carolyn Trains I Do Good program provides a free 30-day subscription to eligible donors, employees, and volunteers of participating non-profit organizations. Payment information is not collected for this program. To access this program, users must receive access from their participating organization and register on the Carolyn Trains website. Participants in the I Do Good program are not eligible for the Free Trial, and vice versa. You can cancel your Carolyn Trains I Do Good program at any time via the Cancel My Subscription page.
You will be notified via e-mail of the approaching expiration of I Do Good program prior to the expiration date. To continue using the plan after your trial, you will need to sign up for a subscription on the Carolyn Trains website.
This program is non-transferable and may not be combined with any other promotional offer. Terms, conditions, service & support options, and eligibility requirements are subject to change without notice.
Suspension/Termination/Deletion by CAROLYN TRAINS
CAROLYN TRAINS may immediately terminate, delete, or suspend your account, and all or a portion of your Subscription, without notice if: (a) your payment is more than 15 days overdue; (b) you provide false or inaccurate information; (c) you violate these Terms and Conditions of Service or any other CAROLYN TRAINS rules or agreements then in effect; (d) you engage in conduct that is a violation of any applicable law or tarrif (including, without limitation, copyright and intellectual property laws); or (e) if you engage in conduct that is threatening, abusive or harassing to CAROLYN TRAINS employees, agents, or other CAROLYN TRAINS users, including, for example, making threats to physically harm or damage property.
If we terminate or suspend your Subscription, your license to use any software or content provided in connection with the Subscription is also terminated or suspended (as applicable). If your Subscription is terminated, CAROLYN TRAINS has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. For clarity, if your Subscription is terminated for any reason, you will lose access to the CAROLYN TRAINS app and any other content or features provided through the CAROLYN TRAINS Service. You must pay all charges through the date of termination. Should you wish to resume your Subscription after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
Bill Inquiries and Refunds
If you believe you have been billed in error for a Subscription, please notify us within 60 days of the billing date by emailing carolyn@carolyntrains.ca. We will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
Expected Results
CAROLYN TRAINS Services and the information contained therein is provided for information purposes only. We make no representations or warranties in relation to our Services or the information and materials provided.
Without prejudice to the generality of any other clause contained in this disclaimer, We make no warranties or representations that the information on this website:
a) is complete, true, accurate or non-misleading; and
b) is right for You.
While we believe that for most people, following our Service will lead to desired results, all exercise programs depend on the individual. Results will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to i) the effectiveness any techniques, diets or programs that we deliver; or ii) the results that you may achieve as a result of following our programs.
All testimonials contain shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.
User Contributions
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, or display content or materials (“User Content”), whether publicly posted or privately transmitted. Additionally, CAROLYN TRAINS has social media pages, groups, and accounts which allow users to submit User Content. All User Content is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, in compliance with all applicable laws, rules and regulations and does not infringe any third party proprietary rights. You acknowledge that all content, including User Content, accessed by you using the CAROLYN TRAINS Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We make no representations, warranties or guarantees with respect to any content that you access on or through the CAROLYN TRAINS Service.
As between you and CAROLYN TRAINS, you own all User Content that you submit to the CAROLYN TRAINS. You grant CAROLYN TRAINS a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the CAROLYN TRAINS Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to CAROLYN TRAINS or through the CAROLYN TRAINS Service about improving or adding new features or products to the CAROLYN TRAINS Service or you otherwise provide feedback or testimonials, you give CAROLYN TRAINS a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use your suggestions, feedback and testimonials without any compensation or other obligation to you.
Content Restrictions
You may not upload, post, submit, distribute or transmit to any portion of the CAROLYN TRAINS Service any User Content that:
Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
Contains abusive, bullying, hateful, defamatory, discriminatory or other objectionable content or incites hatred against any individual or group;
Exploits minors;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
Conduct
In using the CAROLYN TRAINS Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person, including without limitation a CAROLYN TRAINS trainer;
Harm or exploit minors;
Distribute "spam";
Collect information about others;
Advertise or solicit others to purchase any product or service;
Engage in any conduct that is offensive or illegal; or
Violate any other community rules or codes of conduct that CAROLYN TRAINSmay impose.
CAROLYN TRAINS has the right, but not the obligation, to monitor all conduct on and content submitted to the CAROLYN TRAINS Service. CAROLYN TRAINS reserves the right to alter, edit, remove, or refuse to post any content, software and/or applications, in whole or in part, in CAROLYN TRAINS' sole discretion or to satisfy or comply with applicable laws, regulations, legal processes and/or maintain the integrity and reputation of the CAROLYN TRAINS Service and CAROLYN TRAINS' systems.
Member Interactions, Dealings with Third Parties
When interacting with other CAROLYN TRAINS members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don't know. Your participation, correspondence or personal or business dealings with any third party found on or through the CAROLYN TRAINS Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that CAROLYN TRAINS is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
Your Representations and Warranties
For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to CAROLYN TRAINS and grant the licenses set out above; (ii) CAROLYN TRAINS will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.
Indemnification
You agree to indemnify, defend, and hold harmless CAROLYN TRAINS and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the CAROLYN TRAINS Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of this Agreement.
Third Party Links and Content
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimers
CAROLYN TRAINS reserves the right to modify the CAROLYN TRAINS Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any content or features of the CAROLYN TRAINS Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the CAROLYN TRAINS Service. CAROLYN TRAINS has no obligation to screen or monitor any content and does not guarantee that any content available on the CAROLYN TRAINS Service is suitable for all users or that it will continue to be available for any length of time.
CAROLYN TRAINS provides the CAROLYN TRAINS Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the CAROLYN TRAINS Service at your own risk. Other than as expressly provided in writing by CAROLYN TRAINS in connection with your purchase of a CAROLYN TRAINS product, CAROLYN TRAINS expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, CAROLYN TRAINS makes no representations or warranties: that the CAROLYN TRAINS Service is or will be permitted in your jurisdiction; that the CAROLYN TRAINS Service will be uninterrupted or error-free; concerning any content, including User Content; concerning any third party's use of User Content that you submit; that the CAROLYN TRAINS Service will meet your personal or professional needs; that CAROLYN TRAINS will continue to support any particular feature of the CAROLYN TRAINS Service; or concerning sites and resources outside of the CAROLYN TRAINS Service, even if linked to from the CAROLYN TRAINS Service.
Professional Advice Disclaimer
THE CAROLYN TRAINS SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE CAROLYN TRAINS SITE OR HEARD ON THE CAROLYN TRAINS SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE CAROLYN TRAINS SERVICE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE CAROLYN TRAINS SITE OR AVAILABLE THROUGH ANY CAROLYN TRAINS SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, PHYSIOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE CAROLYN TRAINS SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND CAROLYN TRAINS 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 APPEAR HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE CAROLYN TRAINS SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Medical Disclaimer
In becoming a User of CAROLYN TRAINS with the intent of using the CAROLYN TRAINS Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) 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; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the CAROLYN TRAINS Service.
If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating; or (b) your physician has specifically approved your use of the CAROLYN TRAINS Service.
CAROLYN TRAINS 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.
Limitation of Liability
To the fullest extent permitted by law: (i) CAROLYN TRAINS shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) CAROLYN TRAINS' total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to CAROLYN TRAINS over the 12 months preceding the date your first claim(s) arose.
Intellectual Property
You acknowledge that the CAROLYN TRAINS Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All CAROLYN TRAINS-generated content, and content provided to CAROLYN TRAINS by its partners and licensors, is copyrighted individually and/or as a collective work under copyright laws; further, as between you and CAROLYN TRAINS, CAROLYN TRAINS owns a copyright in the selection, coordination, arrangement and enhancement of all content in the CAROLYN TRAINS Service. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the CAROLYN TRAINS Service, you may download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the CAROLYN TRAINS Service, CAROLYN TRAINS hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the CAROLYN TRAINS Service for your personal, non-commercial use of the CAROLYN TRAINS Service and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the CAROLYN TRAINS Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.
The CAROLYN TRAINS name, logos and affiliated properties, designs and marks are the exclusive property of CAROLYN TRAINS and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the CAROLYN TRAINS Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the CAROLYN TRAINS Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the CAROLYN TRAINS Service. All rights not expressly granted in this Agreement are reserved.
Contact
CAROLYN TRAINS is a company owned and operated by Carolyn Wyse and registered in Ontario, Canada. The registered address is 1-32 Krug St, Kitchener, Ontario.
You can contact CAROLYN TRAINS via email at carolyn@carolyntrains.ca.