TrainerPass Terms of Service

Effective Date: April 26, 2016

NOTE: TrainerPass is intended solely for users who are 18 years of age or older. You should consult your physician before using TrainerPass or starting any fitness program. See additional precautions.


INTRODUCTION

Welcome to CBS Interactive Inc.’s TrainerPass website, one of the network of interactive websites and services provided by CBS Interactive Inc. (“CBS Interactive”). These TrainerPass Terms of Use (“TRAINERPASS Terms”), along with CBS Interactive’s Terms of Use, Privacy Policy, Mobile Application End User License Agreement and Video Services and Social Networking Policy (collectively, the “Terms”) govern your use of this TrainerPass website and the applications, products and services offered by CBS Interactive or its affiliates in connection with TrainerPass (collectively, the “Services”). References to Services include TrainerPass.

These TRAINERPASS Terms are effective as of the Effective Date above and the other Terms referenced above are effective as of the effective date provided within each document posted on the Services. If you have not reviewed any of the Terms, including these TRAINERPASS Terms, since the relevant effective date, please review them carefully before using the Services. We may change the Terms, including these TRAINERPASS Terms, in the future, so we encourage you to review periodically the Terms applicable to the Services you use. The most current version of the applicable Terms (along with its effective date) will be linked from each of the Services. You agree that we may notify you of the then applicable Terms by posting them on the Services (or in any other reasonable manner of notice which we elect). If you do not agree with any changes to any of the Terms, including these TRAINERPASS Terms, your sole remedy is to discontinue use of the Services. If you continue to use the Services after we change the Terms, including these TRAINERPASS Terms, your continued use constitutes your acceptance to all changes.

  1. TrainerPass Account Information.

    You can access and edit specific details regarding your TrainerPass account, including information concerning your credit card or other available payment method (“Payment Method”), on the TrainerPass website at any time by clicking on your user name, which appears in the upper right corner of each page of the site when you are logged in, and then following the link to your TrainerPass account.

  2. Age Limitations and Other Restrictions.

    Individuals under the age of 18 are not permitted to subscribe to or use TrainerPass. You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by any other person. If notwithstanding the foregoing, anyone is using your TrainerPass account who is under the age of 18, please contact us immediately so that we can cancel the account.

  3. Device Requirements.

    To see if TrainerPass is available for your device click here.

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  4. Nature of Available Information.

    The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content (“Content”) in TrainerPass and any informational products available through TrainerPass are intended to provide general fitness information only, and may not be accurate, complete, timely or appropriate for you. TrainerPass is not intended to provide, and you should not rely on TrainerPass for, medical or other professional advice or care. Do not avoid or delay obtaining, or disregard, medical or other professional advice or care based on any Content in or other information available through TrainerPass. If you have any questions or concerns about your health, nutrition, fitness, exercise program or any medical condition, you should consult your physician or other appropriate professional. Reliance on the Content in TrainerPass and use of any products available through TrainerPass is solely at your own risk. CBS Interactive is not responsible for any action or inaction on your part based on information obtained through TrainerPass.

  5. Third-Party Offerings within TrainerPass.

    TrainerPass includes functionality that allows fitness trainers to sell, and you to buy, access to Content, other services and products provided by a participating fitness trainer (“Trainer Offerings”). Trainer Offerings may include memberships to access Content from a particular trainer, separately-priced Content such as videos and live classes, or other items. Trainer Offerings are provided by the relevant trainer, and not by CBS Interactive, which processes payments on behalf of the provider but is not responsible for the Trainer Offerings. You hereby acknowledge and agree that CBS Interactive shall not be liable in connection with any Trainer Offerings purchased or otherwise acquired by you. Trainer Offerings are third party Content subject to the provisions of Section 7 of CBS Interactive’s Terms of Use, and additional terms specified by the provider may apply. When you order a Trainer Offering, you are making an offer to buy the relevant item from its provider. If your offer is accepted, the contract for sale is directly between you and the provider.

  6. Payment for Memberships.

    Various TrainerPass membership packages are available, including a FlexPass membership provided by CBS Interactive and memberships provided by participating trainers as Trainer Offerings. By providing Payment Method information for a membership, you are agreeing to pay a recurring (e.g., monthly or annual) fee and any associated taxes and service fees (“Membership Fees”). Membership Fees will be charged to your Payment Method automatically at the beginning of your membership (or, as described in Section 12, at the end of your Trial Period, where applicable), and at the beginning of each renewal thereafter on the calendar day corresponding to the commencement of your membership unless you cancel your membership or TrainerPass is suspended or terminated pursuant to the Terms. If your membership begins after the 28th day of a month, and you have a Membership Fee payment due in any subsequent month in which that day does not occur, CBS Interactive will charge your Payment Method on approximately the last day of such month. For example, if you started a monthly membership on January 31st, your next payment date would be approximately February 28th. The Membership Fees charged to your Payment Method may vary from time to time due to changes in your membership plan or applicable taxes, and you authorize CBS Interactive to charge your Payment Method for these amounts.

  7. Other Payment Matters; Price Changes.

    By placing an order for access to separately-priced Content or any other item for sale within TrainerPass, you agree to pay the specified price and any associated taxes and service fees (“Other Charges”). Other Charges will be charged to your Payment Method at the time of or shortly after your transaction. CBS Interactive and the providers of Trainer Offerings reserve the right to change prices at any time. In the event of a price change, the new pricing will be posted in TrainerPass. In the case of a change to your Membership Fees, CBS Interactive also will attempt to notify you in advance by sending an email to the address you have registered for your account. If you do not wish to accept a price change, you may cancel your TrainerPass membership as described in Section 9. If there are any discrepancies in billing for Membership Fees or Other Charges, you hereby waive your right to dispute such discrepancies if you do not notify CBS Interactive within 60 days after they first appear on an account statement. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.

  8. No Refunds.

    ALL SALES OF ACCESS TO SEPARATELY-PRICED CONTENT OR OTHER ITEMS AVAILABLE WITHIN TRAINERPASS ARE FINAL, AND MEMBERSHIP FEES AND OTHER CHARGES ARE GENERALLY NON-REFUNDABLE. Payments for live workout classes are non-refundable. As described further in Section 9, even if you cancel your TrainerPass membership during a membership period, you generally will not receive a refund for any portion of the Membership Fees for the remainder of that period. In rare circumstances, we may provide a credit, refund, discount, or other consideration (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.

  9. Cancellation of Memberships.

    You can cancel a TrainerPass membership at any time by contacting us at 1-800-643-3570 Monday to Sunday 8 am to midnight EST, or by logging into your account at http://www.trainerpass.com, navigating to your account and then selecting the membership you would like to cancel, as well as the reason for your cancellation. If you cancel your membership, the cancellation will generally go into effect at the end of the then-current membership period. However, a cancellation will be effective immediately and you will be refunded the applicable Membership Fees for the then- current membership period if you cancel (i) your monthly membership within 5 calendar days after your purchase or renewal or (ii) your annual membership within 10 calendar days after your purchase or renewal. Subject to the foregoing, in the event you cancel your membership, you will have continued access to TrainerPass for the remainder of your paid membership period, but YOU WILL NOT RECEIVE A REFUND OF ANY FEES PAID. You must cancel your membership before it renews for the next membership period to avoid paying the Membership Fees for the next period. After cancellation of your membership, you will continue to owe any accrued amounts due under these Terms and not yet paid, including both Membership Fees and Other Charges. You acknowledge and agree that cancellation of your membership is your sole recourse if you have any dissatisfaction, issue or concern related to TrainerPass or its Content or features, including Membership Fees, Other Charges or billing methods; the selection of Content available to you through TrainerPass; these Terms, including the CBS Interactive Privacy Policy, or any changes thereto; or any other TrainerPass policies or practices.

  10. Unpaid Amounts.

    If you fail to pay any Membership Fees or Other Charges when due, as a result of expiration of your Payment Method, insufficient funds, or otherwise, (a) you will remain liable for all such amounts, as well as any costs that CBS Interactive incurs in collecting any amounts you fail to pay in connection with TrainerPass, including attorney and collections fees; (b) you authorize CBS Interactive to continue charging your Payment Method, as your Payment Method information may be updated as described in Section 1; and (c) we may suspend or terminate your membership. Changing your Payment Method information may affect the day of your membership renewal.

  11. Promo Codes.

    From time to time, promotional codes may be available, including those provided as part of a third party promotion. Authorized promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, subject to certain restrictions as determined by CBS Interactive in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.

  12. Trial Period.

    CBS Interactive may provide a limited free trial period (“Trial Period”) to TrainerPass at its sole discretion, but is under no obligation to do so, and Trial Periods may not be available at all times. CBS Interactive reserves the right, in its absolute discretion, to determine your eligibility for a Trial Period. The specific terms of the Trial Period will be stated in the marketing material describing the particular Trial Period. If CBS Interactive provides you with a Trial Period, you must provide valid Payment Method information to CBS Interactive in order to use TrainerPass during the Trial Period. CBS Interactive will not charge you in connection with the Trial Period. If you do not cancel TrainerPass by the last “day” of your Trial Period, you authorize CBS Interactive to begin your paying membership and automatically charge your Payment Method for your first paying membership period at the end of your Trial Period. CBS INTERACTIVE WILL NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYING MEMBERSHIP HAS BEGUN. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE LAST “DAY” OF YOUR TRIAL PERIOD. A “day” for purposes of these TRAINERPASS Terms begins at the time you start your membership (i.e., complete the sign up process), and ends 24 hours later. For example, if you complete your registration at 3:00 p.m. on a Monday in your time zone, and your Trial Period is 2 days, you have until 3:00 p.m. on Wednesday in your time zone to cancel before your paying membership will begin. You may only have one Trial Period before you must begin paying for TrainerPass. If you exceed this limit, CBS Interactive may charge your Payment Method for any Trial Period after the first, or suspend your use of TrainerPass, in its sole discretion.

  13. Maximum Streams.

    You may only use a maximum of two simultaneous streams (measured across all Content available on TrainerPass) at any time regardless of the number of devices that CBS Interactive permits you to use with TrainerPass. CBS Interactive may change the maximum number of simultaneous streams of TrainerPass that you may use at any time in its sole discretion.

  14. Broadcast and Territory Restrictions.

    TrainerPass is only available to US-based users. You may only use TrainerPass and its Content in the United States and for your own personal, non-commercial purposes. Certain features and Content may only be available to users in certain locations, during certain periods, and on certain devices, and the availability of certain features and Content may change over time. Please check the TrainerPass FAQ [Adrianne to insert link] for more information about current limitations. In the case of geographic limitations, your location may not be identified accurately by the technology used for TrainerPass, so you may be unable to access certain features and Content even if you are located in an area in which we intend to provide access. You consent to CBS Interactive and its third party providers determining your location for purposes of providing TrainerPass.

  15. Quality of Service.

    The quality of the display of the streaming Content may vary from device to device, and may be affected by a variety of factors, including your location and the speed of your Internet connection. The time it takes to begin watching Content will also vary based on a number of factors, including your location, available bandwidth at the time and the configuration of your device. CBS Interactive makes no representations or warranties about the quality of your watching experience on your device.

  16. Updates and Testing.

    CBS Interactive reserves the right to update and change TrainerPass, including its features and the selection of Content available in TrainerPass, at any time. In addition, CBS Interactive reserves the right to test various aspects of TrainerPass. CBS Interactive reserves the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice.

  17. TrainerPass-specific Emails.

    As part of TrainerPass, CBS Interactive may send you emails regarding the Content or TrainerPass from time to time. You agree that CBS Interactive may send you these types of emails to the email address that you provide. Because these emails are necessary for you to receive TrainerPass, you agree that you will receive these emails even if you have opted out of receiving other email from CBS Interactive. Notwithstanding Section 18 of CBS Interactive’s Terms of Use, a TrainerPass member may cancel his or her membership, but not his or her account. If a TrainerPass account holder cancels his or her membership and wishes to stop receiving TrainerPass emails from CBS Interactive, he or she may click on the applicable link in any CBS Interactive email.