Terms and Conditions
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR PARTICIPATION WITH MōTTIV, USE OF APP.MYMOTTIV.COM, AND USE OF SERVICES AND RESOURCES.
By participating with P05T Inc. or using app.mymottiv.com (collectively, the “Website”), or using any Services (as hereinafter defined), you agree to be bound by these Terms and Conditions of Use (as amended from time to time, the “Terms & Conditions”) and to our Privacy Statement, whether or not you are a registered as an athlete or member (collectively, “Athlete” or “Member”), and you agree that you are at least 18 years of age and are eligible to use this Website and associated Services.
Unless otherwise indicated, these Terms & Conditions apply to your use of any services or resources which are owned or operated by P05T Inc. (dba MōTTIV) and/or our affiliates (collectively, “MōTTIV”, “Triathlon Taren,, “we”, “us”, or “our”), including, without limitation, athletic coaching, training resources, group activities, the Website, and any other website that we may own or operate currently or in the future (collectively, “Services”).
These Terms & Conditions do not apply to the services or websites of any other person or entity. Although links to other websites may be available from our Website, you acknowledge and agree that we are not responsible or liable under any circumstance for such external websites or resources, and that we do not endorse any content, advertising, products, or other materials on or available from such websites or resources.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time, and any such modification shall be effective upon posting by us. You should check these Terms & Conditions periodically for changes. By using our Services, you agree to accept those changes, whether or not you have reviewed them.
We value your membership and participation, but if you do not agree to these Terms & Conditions, you should not use our Services and, if applicable, you should arrange to cancel your membership with us.
In order to receive certain elective services available through vendors and partners to us, you will be required to agree to their specific terms and conditions (or similar provisions). If you elect to receive such services or features, you will be directed to those specific provisions.
In addition to these Terms and Conditions, you should refer to our Privacy Statement for information on how we use and collect information from you.
Our Services are intended solely for healthy adults, age 18 and over. Services are not intended for use by minors, pregnant women, or individuals with any type of health condition. MōTTIV is not a medical organization, and nothing contained in our Services should be construed as medical advice, medical treatment, or a medical diagnosis. Services are provided solely for informational and educational purposes, and as a tool to assist Members as they seek to improve their physical condition. It is each Members’ responsibility to ensure that they are in a state of health allowing them to safely engage in strenuous exercise. Please consult a medical or health professional before you begin any new exercise or nutrition program or if you have questions about your health.
Our Services are currently not available to any individual who is a subject covered under the General Data Protection Regulation (GDPR) of the European Union (EU).
By using our Services, you agree to be legally bound and to abide by the Terms & Conditions just as if you had executed them. We may, at any time at our sole discretion and without prior notice or liability, terminate, modify or alter any aspect of our Services, the Website, or access thereto. In addition, we reserve the right, at any time and at our sole discretion, and without any notice or liability, to terminate your password, user account and its contents, refuse to permit you to post or remove any postings to the Website, and/or access to any part of this Website or the Services. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice, and that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website or your user account.
These Terms & Conditions shall remain in full force and effect while you use our Services or are a Member.
Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision.
2. MōTTIV Content
You acknowledge that the Website and our Services contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, training plans, and other materials and information (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. MōTTIV and its licensors or its partners and affiliates own and retain all worldwide proprietary, intellectual property, and other rights to the Services and the Content. You may not copy, modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, display, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership or other interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Without in any way limiting the foregoing, you expressly agree to the following:
- Not to decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Website and its Content;
- Not to distribute, publicly perform or publicly display any Content, including but not limited to graphics, videos, technology, data, sound files, text from the Website;
- Not to modify, build upon, translate, or create any derivative works from the Website and its Content;
- Not to create or attempt to create a substitute or similar service or product through the use of or access to the Website and its Content;
- Not to resell, lease, transfer, lend, timeshare, syndicate or commercially use the Website and its Content;
- Not to use the Website and its content other than for its intended purpose;
- We reserve the right to edit any guest post submitted to our blog and all content published on our blog is owned by us and may not be published elsewhere.
Any use or attempted use of the Website and its Content other than as specifically authorized herein, without the express prior written permission of us, is strictly prohibited and will terminate the user or Member’s right to use the Website and our Services. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.
3. Registering to Become a Member
You are not required to become a Member to use all of our Services, and you may have limited Website access and participate in some group activities at no cost. If you do not register to become a Member, you may not be able to access certain products, offerings, features, resources, and services on our Website. You must register in accordance with instructions that you will find on this Website to participate in, and to contribute to, any Community Area, to set up a profile, and for certain other features. The term “Community Area” refers to any blog, personal page, group page, chat room, message board, bulletin board, video, or similar activity where you can communicate with other Members of our Website or post your own User Content.
Membership in our Website is void where prohibited by law. By becoming a Member of the Website or requesting our Services, you represent and warrant that all information you submit is truthful and accurate, and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the Website shall not violate any applicable law or regulation. If it is found that you are misrepresenting your age or identity, this may result in the termination or cancellation of your access to, or use of, our Services. Your use of our Services is solely for your personal use, and you shall not authorize others to use your training plans, resources, tools, other materials, or account, including your public profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other Members.
As a Member, it is your responsibility to maintain the confidentiality of your password and account information, and you are solely responsible for any and all activities which occur under your user account. In the event that you know or suspect that there is unauthorized use of your account or anyone else’s account, you agree to notify us immediately.
You are solely responsible for your interactions and communication with other Members. You understand that MōTTIV does not in any way screen its Members, nor does MōTTIV inquire into the backgrounds of its Members or attempt to verify the statements of its Members. MōTTIV makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. We do however recommend that if you choose to meet or exchange personal information with any member of MōTTIV then you should take it upon yourself to do an appropriate background check.
These Terms & Conditions shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your Services at any time by providing written notice to firstname.lastname@example.org. Termination of Services and associated fees are subject to any minimum-term requirements for specific coaching packages as published on our Pricing page of this Website and any other requirements agreed to at the time of your initiating Services. MōTTIV may terminate your Services for any reason, effective upon sending notice to you at the email address you provided at signup or other email address as you may subsequently provide to MōTTIV.
By using the Services, you acknowledge that MōTTIV reserves the right to charge for Services and has the right to terminate a your Services if you should breach any of these Terms & Conditions or fail to pay for the Service. Billing for all Services involving recurring charges will be autobilled at the designated frequency (such as monthly) until you terminate your Services as described above.
There will be no refunds or guarantees of reimbursements for Services unless otherwise specified in writing by MōTTIV. There will be no retroactive termination of Services. Terminations will only be effective for stopping future charges.
When a new pricing plan for Services is selected by you, the price will go into effect on your next billing cycle. There will be no retroactive refunds.
5. User Content
If you send, email, post, upload, or otherwise transmit to us or this Website, directly or indirectly (including through vendors or partners whose services you have elected tor receive), whether on your own or at your request or with your permission, any data or information, including any genetic or other meta data (collectively, the “User Content”), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sell, derive revenue or other remuneration from, communicate to the public, perform and display any User Content and any data and information derived therefrom, including genetic and other meta data (in whole or in part and with or without the use of your name), worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such User Content. You also warrant that, to the extent you are not the exclusive holder of all Rights in any User Content, any third party holder of any Rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the Rights and license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the User Content and any data and information derived therefrom for any purpose whatsoever, commercial or otherwise, without compensation to the provider or owner of the User Content. You also permit any user to access, display, view, store, and reproduce any User Content that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of User Content placed on this Website retains any and all Rights that may exist in such User Content. Except as provided in our Privacy Statement, none of the User Content or any data and information derived therefrom shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any User Content or any data and information derived therefrom; and for the avoidance of doubt, you acknowledge and agree that we will disclose User Content, and data and information derived therefrom, to vendors and partners as necessary for the provision of services to you that you have elected to receive and we may also use and disclose User Content and data and information derived therefrom as part of congregated or integrated such data from other Members or persons; provided however, that prior to selling, licensing or otherwise disclosing any User Content, we will use reasonable efforts to remove any personally identifying data and/or to otherwise cause such User Content to appear anonymous, except to the extent otherwise necessary in connection with the provision of services to you that you have elected to receive.
6. Restrictions on Use
1. The Website and our Services are for the personal use by our users and Members only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized use of the Website or any of our Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated, and may result in the termination or cancellation of your access to, or use of, the Website. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Legal action may be taken by us for any illegal or unauthorized use of the Website or any of our Services.
2. The following is a partial list of the kind of content that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate legal action, at our sole discretion, against anyone who violates these Terms & Conditions, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. Prohibited content includes content that:
- Is, at our sole discretion, unlawful, offensive, abusive, tortuous, obscene, invasive, threatening, defamatory, libelous, or promotes racism, bigotry, hatred, physical harm, or harassment of any kind against any group or individual.
- Involves the transmission of “junk mail,” “chain letters,” “spam,” or any other form of unsolicited mass mailing.
- Involves self-promotion, commercial solicitation, and/or sales, without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
- Promotes an illegal or unauthorized use of another person’s copyrighted work, patent, trade secret, or infringes upon the right of privacy or other proprietary right of any person, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed, copy-protect devices, or providing pirated music or links to pirated music files.
- Contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page).
- Contains any material that a user or Member does not have a right to transmit either by law, or under a contractual or fiduciary agreement.
- Provides instructional information about illegal activities such as making or buying illegal weapons, or transmitting, providing or creating computer viruses.
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other Members.
- Is in any way harmful to minors.
- Diverts users to another site or prohibited diversion of traffic to another site.
- Attempts to manipulate the Website in any way, including by way of repeated posting to falsely position a thread, or otherwise disrupts the function of the Website, including any automated use of the Website, such as using scripts to add friends.
- Attempts to cover or obscure the banner advertisements on your profile page, or any Website page using HTML/CSS or any other means.
- Falsely states or misrepresents your identity or your affiliation with the Website, MōTTIV, our affiliates or any other person or entity.
- Otherwise does not exhibit maturity, self-restraint, and respect for others at all times, including moderation in posting in our community.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Is in violation of any applicable local, state, federal or international law, rule or regulation.
- You may not use the Website, or solicit other Members or users of the Website, in connection with any fundraising activity, even if such fundraising is for charitable purposes, without prior written consent from MōTTIV. We have enacted this policy in an attempt to protect our Members and users from fraudulent fundraising activity and solicitations that seek to exploit the goodwill of our Website and its users.
2. Although we cannot monitor the conduct of our users off of the Website, it is a violation of these Terms & Conditions to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member or user, without their prior explicit consent. In order to protect our Members and users from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number that we deem appropriate at our sole discretion.
3. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
4. You may not sell or otherwise transfer your profile.
Please keep in mind that all Community Areas are public, and all communications by you therein are public and not private. We reserve the right, but shall not be required, to monitor any portion of the Website for any purpose we deem appropriate. You acknowledge that by providing you with the ability to post User Content in the Community Areas, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any content posted by our Members or any activities that take place on our Website or off of our Website. We do not endorse any posting made by our Members on the Website. Although we have the right to do so, we have no obligation to review any User Content posted to our Website or to delete any such User Content in the event that we find such User Content objectionable or offensive. We are not responsible for maintaining a copy of any User Content we remove from our Website, and we are not liable for any loss you incur in the event that User Content you post or transmit to our Website has been removed for any reason.
7. Advice and Information on the Website
You may, from time to time, solicit or receive advice or information on the Website to assist you in reaching your performance goals. Any advice or information you receive on the Website may not be monitored by us, and we do not ensure the accuracy of any information or advice given on the Website, or in any way endorse the conduct of any user, Member, representative or independent coach. We assume no responsibility for, and we disclaim any warranties or liability of any kind, arising from any advice or information you receive on the Website, and the conduct of our users, Members, and independent coaches, including, but not limited to, any defamation, libel, slander, omission, falsehood, obscenity, profanity or inaccuracy. The information provided by any of our users, Members, representatives or independent coaches is not in any way intended to diagnose, mitigate, treat, cure or prevent any disease or health-related condition, or to replace the advice of a licensed or certified professional. If you would like to report a complaint in connection with the conduct of any user, Member, representative, or independent coach, please do so by emailing us at email@example.com.
8. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information, including any Content, without obtaining the prior written consent of the owner of such proprietary rights. We reserve the right to take any action available by law or in equity and to terminate membership privileges of any Member who we believe infringes upon the intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your name, mailing address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to the Website should be sent to our Copyright Agent: firstname.lastname@example.org.
9. Other Disclaimers
THE WEBSITE AND THE SERVICES PROVIDED ARE PROVIDED “AS-IS” AND WE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE AND/OR ANY SERVICE WE PROVIDE.
NEITHER WE, NOR ANY OF OUR AFFILIATES, NOR ANY OF OURS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS ARE RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMPUTER EQUIPMENT, SOFTWARE, OR ANY FAILURE OF THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE, AND WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE USING OUR WEBSITE AND THE SERVICES WE PROVIDE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY INJURY TO YOU OR YOUR PERSONAL COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN OUR WEBSITE OR FROM DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE. WE MAKE NO WARRANTIES OR ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, SERVICES, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE WEBSITE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
10. Limitation on Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES ARISING FROM (A) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES (B) THE USE OF ANY CONTENT, MATERIAL OR SERVICES PROVIDED, (C) STATEMENTS OR CONDUCTS OF ANY MEMBER OR OTHER THIRD PARTY ON THE WEBSITE, OR (D) ANY OTHER MATTER RELATING TO OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNTS PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OUR SERVICES, OR OUR TERMS & CONDITIONS IS TO DISCONTINUE YOUR USE OF OUR SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the Province of Manitoba, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of our Services or these Terms & Conditions shall be filed only in Winnipeg, Manitoba and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
In any action against us arising from the use of our Services, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, and reasonable attorney’s fees.
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
You agree to indemnify, hold harmless, and defend MōTTIV and its subsidiaries, affiliates, members, managers, officers, agents, licensors, suppliers, and other partners and employees, from any and all loss, liability, claim, action or demand, including but not limited to reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your improper use of the Website or our Services, your violation of these Terms & Conditions, or your (or any person using your account) infringement of any intellectual property of any person or entity.