March 1, 2017
Welcome to Enfusion. The website (https://enfusion.training), mobile applications, and services of Enfusion (collectively, the “Website”) are made available to you by Endurowerks, LLC subject to the terms and conditions outlined here. These terms and conditions of use can be updated periodically without notice, and are superseded where applicable by law. By registering for an account or by continuing to access the site (by interacting with, downloading, uploading, or otherwise using the Website and it’s services), you acknowledge 1.) that you meet the qualifications for use of the Website, and 2.) you agree to abide by and be bound by these terms and conditions, as outlined below. You also agree to have any differences or disputes between you and Endurowerks, LLC to be settled by binding arbitration as determined by a neutral negotiator, and not a judge and jury. You also agree that your claims cannot be brought as part of a Class Action suit.
Account (registration, age restrictions, types, permitted uses):
By creating an account, you represent that you are the party to whom the account belongs. You represent that you qualify to register for an account, and that the information used to register the account (“User Information”) is true, accurate, and complete. You must be at least 13 years old to register for an account. If you are younger than 18, your parent or legal guardian must accept these Terms and Conditions of Use on behalf of the minor and are responsible for the use of the Website by the minor.
There are 2 types of accounts: Athlete and coach. There are no free accounts. Thus, all account types require payment. You may register for either or both types of account; however, separate costs are associated with each account. At the discretion of the athlete, the athlete may allow a coach or coaches to access his/her account. Under all circumstances, coaches are responsible for payment and maintenance of the accounts of their associated athletes. In addition, a coach has the ability to modify, add, or remove content/information within the athlete’s account for the duration of their association. The athlete has the right to sever the relationship with coach(es) at any point without cause. The coach also has the right to sever the relationship with an athlete without cause. Should any coached athlete choose to convert their account to a non-coached athlete account, the athlete becomes responsible for payment and otherwise maintaining the account.
You are solely responsible for the integrity and confidentiality of the password associated with your account. You are not permitted to share or disclose your password or account information with any other parties. Should someone else access your account (with or without your permission), you are responsible, whether the activity is authorized by you or not. Should unauthorized access of your account occur, you agree to notify Endurowerks, LLC immediately, and you take full responsibility for the risk of unauthorized access to your account(s) and the associated data.
Use of athlete accounts is limited to personal and non-commercial use. Coaches are permitted to use their account for the purpose of providing coaching services to the athletes associated with their coaching account.
Endurowerks, LLC will make reasonable efforts to maintain the confidentiality of private or confidential information. Private or confidential information will only be shared where required by law or for the purpose of conducting legitimate business practice, such as payment processing, complying with a legal process, to provide customer service you have requested, and to protect the rights and safety of Endurowerks, LLC, its users and the public.
Provided your account maintains in good standing with the Terms of Service and Use, we will provide you with the full suite of available services through the Website for the account type you have chosen during registration. This includes storage and processing of endurance training data, as well as training plans/protocols (collectively, “Content”), uploaded by you (whether you are a coach, athlete, or both). We reserve the right to change the list of available services (or the Website, in general) at any time without prior notice. Continued use of the Website following any change signifies acceptance of any such change. Endurowerks, LLC also reserves the right, at any time, discontinue (whether temporarily or permanently), any or all portions of the Website without notice. You acknowledge that Endurowerks, LLC is in no way liable to you or any third-party for modification, suspension or discontinuation of the any portion of the Website, or the Website in its entirety.
Endurowerks, LLC does not claim to own the Content you upload or otherwise make available to the Website. However, with the exception of payment information or User Information, you grant Endurowerks, LLC worldwide, irrevocable, and royalty-free right to collect, collate, analyze, reproduce, or otherwise use the Content uploaded or gathered by the Website in perpetuity and without stipulation or restriction.
Payment: All account types (Coach or Athlete) require payment. There is no cost to open a Coach’s account. However, once a Coach designates/adds an athlete to his/her account, they must assume to cost of the Athlete. Coaches are responsible for payment for each Athlete that he/she coaches. The Athlete is not charged to use Enfusion provided he/she has a documented Coach-Athlete relationship within the Website. However, if the Coach-Athlete relationship through the Website ends, the Athlete is solely responsible for payment required to maintain his/her account, should he/she choose. Athletes without a Coach are solely responsible for costs associated with his/her account.
Payment is due in advance of access to services or the account selected during the registration process. You (whether Coach or Athlete) must document your preferred payment method from the list of acceptable options during registration, and you agree to keep this information current and up-to-date. You are allowed to change payment method at your discretion, provided the new method is an accepted method of payment through the Website. All accounts are set to automatically renew at the end of their subscription period.
Athlete Account: Should you choose to terminate your account, termination must occur prior to the next renewal or billing cycle. No refund will be given once an account renews. However, the user may terminate his/her account at anytime during the billing cycle. If a user terminates his/her account, the user will maintain use of the account until the end of the current billing cycle, at which point the account will close.
Coaches Account: Coaches are responsible for payment for each athlete that he/she coaches. The Athlete is not charged during the Coach-Athlete relationship. The Coach is free to end a relationship with an athlete at time and at his/her discretion. You acknowledge that Endurowerks is not responsible for any aspect of the Coach-Athlete relationship. When a Coach terminates a relationship with an Athlete within the Website, the Coach-Athlete relationship is terminated immediately. The Coach will no longer have access to the Athlete’s account, in any form, upon cancellation. Should you (the Coach) choose to terminate your relationship with an Athlete within the Website, termination must occur prior to the next renewal or billing cycle. No refund (or proration for unused days) will be given once an account renews. Following account cancellation, the Athlete has the right to convert his/her account to a non-coached Athlete account at his/her expense.
You acknowledge that in order to take full advantage of features within the Website, you may be required to purchase or acquire third-party equipment or materials. You may also choose to seek coaching services from a third-party vendor. All decisions regarding selection of equipment, material(s) or coaching services (collectively, “Resources”) are solely your responsibility. Endurowerks, LLC is in no way responsible for your acquisition or maintenance of such Resources and makes no guarantee that third-party Resources will be error-free, without defect, or will satisfy your expectations. We also do not provide support of any kind for third-party vendors or Resources.
No guarantee of improvement:
Endurowerks, LLC makes no claim or representation that use of the Website will result in performance gains or physical improvement of any kind.
You acknowledge that you are responsible for all content uploaded to your account by you or on your behalf (as could occur by a Coach on behalf of an Athlete). Endurowerks, LLC has no control over content uploaded by users, and makes no guarantee of accuracy, quality, or authenticity. Therefore, Endurowerks, LLC is in no way liable for the accuracy, authenticity, quality or integrity of user data. The user acknowledges that posting or uploading information via the internet comes with inherent risk. Endurowerks, LLC will take reasonable measures to prevent unintended data disclosure. However, Endurowerks, LLC makes to guarantee that these measure will prevent all unintended data disclosure, and by using the Website, You accept these risks. You also acknowledge that you may be exposed to Content that can be considered offensive, indecent, or objectionable. Endurowerks, LLC is in no way liable for Content within the Website. This includes, but is not limited to, any errors or omissions in any Content, any loss or damages of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Website.
You agree not to post, upload, or otherwise make available Content that is unlawful, harmful, threatening, abusive, vulgar, obscene, libelous, or otherwise offensive or objectionable. You agree not upload or post Content for which you do not have the right to disclose, including any form of solicitation. This includes, but is not limited to, private/personal Content or third-party intellectual property (patent, trademark, copyright, or trade secret). You agree not upload files or Content that is spam, solicitation, viruses, malware, or any type of computer code. You also agree not to access the site via any sort of automated means, including but not limited to the use of scrapers, web crawlers, or any other type of script or computer code-based methods.
Trademark, copyright, and intellectual property:
You acknowledge that the Website and associated software required to use/access the Website contains proprietary and confidential information and/or technologies, all of which are subject and protected by applicable intellectual property law and other laws. Unless you have received expressed written permission or permitted by law, you agree not to change, modify, rent, loan, lease, sell, or otherwise charge money for (collectively, Monetize) the Website in any way. You also agree not to derivatize or alter the Website or works contained within the Website in any way. Your permission to access to the Website is contingent of upon your agreement to the above, in conjunction with your agreement not to attempt to subvert, reverse engineer technologies or source code, Monetize, grant third-party access, or transfer any rights in the Website.
Claims of Copyright Infringement:
If you have reason to believe any part of the Content of the Website infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Site by any user who is alleged to have posted infringing materials or a link to infringing materials on the Site and to immediately remove or disable the allegedly infringing Content or link.
If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (a) any Content displayed on the Site infringes your copyright or (b) any link posted on the Site links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable Site; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and must be addressed as follows:
℅ Endurowerks at whatever address…
We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and services we make available through the Website (collectively, “Feedback”). While you are not obligated to provide Feedback, any feedback that you provide becomes the non-exclusive, transferrable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. Therefore, we ask that you not send Endurowerks, LLC any Feedback that you do not wish to license to us as described above.
Disclaimer of Warranties and Liability:
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE WEBSITE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. ENDUROWERKS, LLC, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. ENDUROWERKS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a)THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT ENDUROWERKS, LLC IS NOT PROVIDING MEDICAL ADVICE VIA THE SITE. THE CONTENT PROVIDED THROUGH THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS WEBSITE, AND YOU SHOULD NOT USE THE WEBSITE OR ANY CONTENT ON THE WEBSITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND ENDUROWERKS, LLC.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE WEBSITE (INCLUDING BUT NOT LIMITED TO CYCLING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF ENDUROWERKS, LLC OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT ENDUROWERKS, LLC DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, GROUP RIDE OR EVENT THAT UTILIZES ENDUROWERKS, LLC’S WEBSITE.
YOU EXPRESSLY AGREE TO RELEASE ENDUROWERKS, LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE WEBSITE, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY ENDUROWERKS, LLC WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SITE, (d) ANY DELAY OR INABILITY TO USE THE SITE EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ENDUROWERKS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Endurowerks, LLC and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors from any claim or demand, including reasonable attorneys’ fees, relating to or arising out of Content you submit, post, transmit or otherwise seek to make available through the website, your use of the Website, your connection to the Website, your violation of the Terms, or your violation of any rights of another person or entity.