TRX All in One Suspension Trainer + TRX Training 6 Month On-Demand Membership

CAREFULLY READ THE FOLLOWING LICENCE AGREEMENT! IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE FOR ANY CAUSE OF ACTION. BY CLICKING ON THE “ACCEPT” BUTTON OR USING THE TRX DIGITAL REDEMPTION CARD (“CARD”), YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE CONTACT TRX SUPPORT.

1. General Terms

The Card contains a unique subscription activation code (“Code”) valid to redeem a prepaid term for use of the TRX App ("App") based on the product purchased from TRX. You will secure access to the App for the duration of unique subscription purchased. The Code is used for access to the App which must be downloaded locally on a portable device for exclusive viewing of Copyrighted TRX content (live or stored) on a proprietary database (“TRX Content”). The TRX Content is subject to change over time and the Code does not give right to access any specific content but for use the TRX Content found at any moment in time. The App is used after being uploaded locally on a user-device and such use is subject to these Terms & Conditions and the TRX App Click-wrap Software User and TRX Privacy Policy found [here].

2. Activation and Redemption

The Code must be redeemed on the TRX App platform by following the instructions provided on the redemption page. Purchase of the unique subscription is limited to individuals who are at least 18 years of age or have obtained parental or legal guardian consent. Refunds of the unique subscription can only be made to the original purchaser. The Code for redemption of the unique subscription can be exchanged, gifted, to any third-party who must agree to these terms. The Card is valid only for the specific subscription plan and duration specified at time of purchase.

3. Restrictions

The unique subscription, as purchased is refundable under TRX refund terms and services if unused and as provided under local laws. The Card and Code for use on the TRX App is non-refundable and cannot be exchanged for cash, credit, or other goods or services. As part of any desire to seek refunds under the appropriate laws, you must demonstrate ownership of the Card and of the Code and its destruction. The activation code cannot be resold, transferred for value, or redeemed for a value exceeding its stated subscription period.

4. Software License, Rights & Restrictions

In consideration of the mutual covenants, and subject to the provisions contained in this Agreement, at the redemption of the Code, you are granted a revocable, non-exclusive licence to use the TRX App (Licensed Software) solely in order to utilize the Products and Services as provided under the Usage Agreement. Without limiting the generality of the foregoing, You will use the Licensed Software only for purposes set forth herein, and, further, You expressly agree that You DO NOT have rights to: (a) own title, or transfer title to the Licensed Software to another party; (b) distribute, or sublicense or otherwise provide copies or any rights in relation to the Licensed Software to any third party; (c) pledge, hypothecate, alienate or otherwise encumber the Licensed Software to any third party; (d) use the Licensed Software to rent, lease or otherwise provide location-enabled telecommunication or information services to Your customers, including, without limitation, data processing, hosting, outsourcing, service bureau or online application services (ASP) offerings; or (e) modify, enhance, reverse-engineer, decompile, disassemble or create substantially derived forms of the Licensed Software.

5. Copyrights and Marks

The Licensed Software, including the live or on-demand content, including any documentation, media, packaging and illustrations, is copyrighted and constitutes TRX Copyrighted property. You agree that all physical manifestations of the Licensed Software or our content is personal, cannot be used in group settings, copied. The Licensed Software and all content associated thereto and all fonts, forms, menus are protected under U.S. and international Copyright laws and international treaty provisions such as the Berne International Convention on Copyrights. Certain logos, product names and trade-marks owned by TRX may be contained within the printed materials and electronic manifestations of the Licensed Software.

6. Subscription Details

Once activated, the unique subscription will begin immediately or as specified during activation. We recommend that you activate the subscription as soon as possible. You will be able to activate the subscription for 6 months after the date of purchase. At the end of the prepaid subscription period, the subscription will automatically renew unless otherwise canceled for an equal period of time as the unique subscription and for the amount set on the TRX website for the period. You may cancel the subscription or secure a refund of any extended or renewed period of time if provided by local jurisdictions where you reside and use the unique subscription. Subscription features and availability may vary depending on geographic location and platform compatibility.

7. Disclaimers

While the TRX App is a fitness-related software, TRX makes no explicit, written or implied representation of performance as to your own fitness goals or results. The TRX App, as any fitness or physical activity should be done very carefully, with consideration of your own limitations and by keeping an active eye toward your own body’s response to these exercises. In case of any pain, discomfort or other health concerns, please consult your local primary physicians. The Card grants access to the TRX App for one personal, non-commercial use only. All content available on the App remains the property of TRX and is subject to copyright and intellectual property laws. TRX is not responsible for any technical issues, internet connectivity problems, or device incompatibilities that may prevent redemption or use of the App. TRX reserves the right to modify or terminate access to the App in accordance with its Terms of Service and with refund if the unique content cannot be delivered.

8. Limitation of Liabilities and Remedies

IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING LOST OR ANTICIPATED PROFITS, SAVINGS, INTERRUPTION TO BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF BUSINESS INFORMATION, THE COST OF RECOVERING SUCH LOST INFORMATION, THE COST OF SUBSTITUTE INTELLECTUAL PROPERTY OR ANY OTHER PECUNIARY LOSS ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE LICENSED SOFTWARE REGARDLESS OF WHETHER YOU HAVE ADVISED US OR WE HAVE ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY IN RESPECT OF ANY AND ALL CLAIMS WILL BE LIMITED TO ONE HUNDRED ($100.00) DOLLARS. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM).

NEITHER YOU NOR WE MAY INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS CAPABLE IN LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST TRX, SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (“NAF”). Any award of the arbitrator(s) shall be final and binding on each of us, and may be entered as a judgment in any court of competent jurisdiction.

9. Upgrades / Modifications

We shall have no other obligations to provide updates or support services. Obligations or expectations with regard to product upgrades, enhancements, support or remedies for errors, defects or deficiencies will be limited to those expressly set forth in a separate agreement between Us and You. In the absence of such an agreement between Us and You, We will use reasonable efforts to provide ongoing support and remedies to identified errors and defects, on a time and material basis, at Our then current commercial rates. TRX reserves the right to update or modify these Terms & Conditions at any time without prior notice or to close the TRX App for repair and limited maintenance at least once a year for a period of less than 24h. The updated Terms & Conditions will be posted on the TRX website or App, and continued use of the Card constitutes acceptance of the updated terms.

10. Governing Law

THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE DEEMED TO HAVE BEEN MADE IN THE STATE OF FLORIDA AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF FLORIDA.