TERMS OF SERVICE

Please read these Terms of Service (the “Agreement”) carefully.  Your use of the service (as defined below) constitutes your consent to this Agreement.

PRIVACY POLICY

Please read our privacy, which some aspects are incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or other Content posted on the Site or activities relating to the Site. You acknowledge that Aris Training, Inc.  may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Aris Training, Inc.  employees, Site users, or the public.

Terms and conditions

These terms and conditions ("Agreement") sets forth the general terms and conditions of your use of the aristraining.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Aris Training, Inc.  ("Aris Training, Inc. ", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Aris Training, Inc. , even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

You must be at least 13 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Consent and Information Collection and Use

When you join us as a user of our Services, we ask for personal information that will be used to activate your account, provide the Services to you, communicate with you about the status of your account, and for other purposes set out in this Privacy Policy. Your name, company name, address, telephone number, email address, credit card information and certain other information about you may be required by us to provide the Services or disclosed by you during your use of the Services. You may also be asked to create a private user ID and password, which will become part of your account information.

By providing personal information to us and by requesting us to provide you with the Services, you voluntarily consent to the collection, use and disclosure of such personal information as specified in this Privacy Policy. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your personal information in specific circumstances. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, and our expected use or disclosure of your information, is or should be obvious and you voluntarily provide the information. Please be assured, however, that all collection, use and disclosure of personal information will be in accordance with this Privacy Policy.

We may use your personal information and other information collected from you for the following purposes:

To provide the Services to you and to improve the quality of the Sites and Services,
To provide you with newsletters, RSS feeds, or other communications or services which you have signed up for or otherwise agreed to receive,
To provide information to you so that you may use the Sites and Services more effectively,
To create, manage and control your account information, and to verify access rights to Services and software,
To bill your account,
To communicate with you for the purpose of informing you of changes or additions to the Services, or of the availability of any Service we provide,
To assess service levels, monitor traffic patterns and gauge popularity of different service options,
To communicate with you about products or services that may be of interest to you, either from us or third parties
To enforce this Privacy Policy,
To respond to claims of any violation of our rights or those of any third parties,
To cooperate with legal, criminal or regulatory investigations or proceedings,
To respond to your requests for customer service, and
To protect the rights, property or personal safety of you, us, our users and the public; and as required or authorized by law.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Risk of Loss

All items purchased from the Site is done so pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Aris Training, Inc. delivery to the carrier.

Electronic Communications

By your use of the Site, you agree to electronic communication for all of your transactions and communication with Aris Training, Inc. , you agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Aris Training, Inc.  will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Aris Training, Inc.  or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Aris Training, Inc. . All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Aris Training, Inc.  or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Aris Training, Inc.  or third-party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Modifications to Terms and Sites

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Site. If the Site Terms are changed, we will post the new terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Terms. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Aris Training, Inc. , its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Aris Training, Inc.  and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Aris Training, Inc.  for the prior one month period prior to the first event or occurrence giving rise to such liability. You assume any and all risks of injury associated with or in any manner related to your use of ArisPro system and accessories. You agree and covenant not to sue or otherwise attempt to hold Aris Training, Inc. liable for any injuries or loss of life regardless of the cause. This agreement includes, without limitation, injuries which may occur as a result of your use of any Aris Training, Inc. exercise equipment or accessories such as the jump board, belt, harness, etc., which may malfunction or break. This agreement applies regardless of whether you are using exercise equipment at the time of the injury or whether an athlete injury occurs as a result of your absence, regardless of purpose or activity at the time of the injury-causing incident.  The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Termination or Cancelation

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site. The provisions entitled “Posting Content on the Site; Representations and Warranties,” “Ownership of Rights; License Rights,” “Indemnification,” “Disclaimer of Warranties,” “Exclusion of Damages; Limitation of Liability,” and “Additional Terms” and the Privacy Policy will survive termination of these Terms.

Dealings with Merchants; Links

The Site may contain advertisements, offers, or other links to other websites and resources of third parties that we do not control. Such information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Aris Training, Inc.  is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. Aris Training, Inc. ’ Privacy Policy is applicable only when you are on our Site.

Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, “click to purchase” and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Aris Training, Inc.  and agree to hold Aris Training, Inc.  harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

Indemnification

You agree to indemnify and hold Aris Training, Inc.  and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

No Assignment

These Terms (including terms incorporated into them, e.g., the Privacy Policy) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Aris Training, Inc. . Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Aris Training, Inc.  will be null and void. Aris Training, Inc.  shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of North Carolina, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in North Carolina, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

No Agreement

The failure of Aris Training, Inc.  to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a agreement of such right or provision or Aris Training, Inc. ’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.

Jurisdiction; Choice of Law; Export Limitations.

The Site is controlled by Aris Training, Inc.  from our offices within the United States of America. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of North Carolina, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Aris Training, Inc.  agree to submit to the personal and exclusive jurisdiction of the courts located within North Carolina. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in North Carolina. You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by North Carolina or federal law.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to support@aristraining.com

This document was last updated on August 21, 2023.