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Trainer Terms of Membership
AGREEMENT BETWEEN USER AND
THE ATrainerOnTheRoad
This Web site ("www.ATrainerOnTheRoad.com") is offered to you, the
user, conditioned on your acceptance without modification of these Terms of Use.
Your use of this Web site constitutes your agreement to the Terms of Use.
MEMBERSHIP
The ATrainerOnTheRoad is a member optional web site.
Membership may not be assigned or transferred to any other person or entity.
Members must promptly inform The ATrainerOnTheRoad of the following: changes in
home or billing address; or apparent breaches of security, such as loss, theft,
or unauthorised disclosure or use of an ID or password. Until The ATrainerOnTheRoad
is notified, by e-mail at webmaster@ATrainerOnTheRoad.com
of a breach in security, the Member will remain liable for any unauthorised use
of ATrainerOnTheRoad.com.
Membership of The ATrainerOnTheRoad may be terminated at any time, and without
cause, by either The ATrainerOnTheRoad or the Member upon notification of the
other by electronic or conventional mail. The ATrainerOnTheRoad will not
disclose any membership contact details or content to any 3rd party who has
terminated their membership or had their membership revoked by The ATrainerOnTheRoad.
When a member requests termination or ATrainerOnTheRoad revokes membership, all
personal data and records will *not* be permanently removed unless expressly
requested by the Member. The ATrainerOnTheRoad reserves the right to deny in its
sole discretion any user access to the ATrainerOnTheRoad website, specific areas
of the website or functionality or features of the website and/or revoke
membership without notice at its sole discretion.
Members are responsible for providing all personal computer and communications
equipment necessary to gain access to ATrainerOnTheRoad.com. Access to and use
of ATrainerOnTheRoad.com is through a combination of an ID and a password. Each
Member must keep their username and password strictly confidential. Remember
your password! For security reasons, The ATrainerOnTheRoad will not release
passwords or website content for any reason, except as may be specifically
required by law or court order. Unauthorised access to the Service is a breach
of this Agreement and a violation of law.
You agree to register details about yourself that are true and that you will
never impersonate any person or entity, including, but not limited to, a ATrainerOnTheRoad
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
You expressly understand and agree that The ATrainerOnTheRoad shall not be
liable to you for any direct or indirect use of the ATrainerOnTheRoad website or
services, including without limitation any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorised access to,
alteration of, or use of records, whether for breach of contract, tortuous
behaviour, negligence, or under any other cause or action.
PERSONAL AND COMMERCIAL USE LIMITATION
The ATrainerOnTheRoad is for your personal and commercial use. You may not copy,
replicate, modify, distribute, display, perform, create derivative works from,
transfer or sell any information, software, products or services obtained from ATrainerOnTheRoad.com
whether printed, visual, audio, radio, electronic, email forwarding, TV,
satellite, digital transmission, scanned, website re-cycled or any other form of
material except where expressly noted that the material is available for such
purpose.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to The ATrainerOnTheRoad
that you will not use this Web site for any purpose that is unlawful or
prohibited by these Terms of Use.
USE OF WEBLOGS, BULLETIN BOARD, CHAT ROOMS AND OTHER COMMUNICATIONS FORUMS
This Web site contains bulletin boards, chat rooms and other message or
communication facilities (collectively, "Forums"), you agree to use
the Forums only to send and receive messages and material that are proper and
related to the particular Forum. By way of example, and not as a limitation, you
agree that when using a Forum or sending messages, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, distribute, link or disseminate any defamatory, infringing,
obscene, pornographic, foul language, swearing, indecent, libellous or unlawful
material or information.
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy or publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Delete any author attributions, legal notices or proprietary designations or
labels in any file that is uploaded.
Falsify the origin or source of software or other material contained in a file
that is uploaded.
Except to the extent expressly allowed, advertise, or offer to buy or sell any
goods or services, or conduct or forward surveys, contests or chain letters. In
no event may you use any such Forum to advertise or sell any goods or services,
which you are in the business of advertising or selling.
Download any file posted by another user of a Forum that you know, or reasonably
should know, cannot be legally distributed in such manner.
You acknowledge that all Forums are public and not private communications and
the ATrainerOnTheRoad has the right to monitor all communications on the
platform. Further, you acknowledge that the ATrainerOnTheRoad does not endorse
chats, postings, conferences, and other communications by other users, and such
communications shall not be considered reviewed, screened, or approved by the ATrainerOnTheRoad.
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials, whether publicly
posted or privately transmitted, are the sole responsibility of the person from
which such content originated. This means that you, and not ATrainerOnTheRoad,
are entirely responsible for all content that you upload, post, email, transmit
or otherwise make available via the Service. ATrainerOnTheRoad does not control
the content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the
ATrainerOnTheRoad website, you may be exposed to content that is offensive,
indecent or objectionable. Under no circumstances will ATrainerOnTheRoad be
liable in any way for any content, including, but not limited to, for any errors
or omissions in any content, or for any loss or damage of any kind incurred as a
result of the use of any content posted, emailed, transmitted or otherwise made
available via the ATrainerOnTheRoad website or service or any site that chooses
to link to or display the content.
The ATrainerOnTheRoad reserves the right for any reason to remove without notice
any content including without limitation bulletin board postings, articles,
weblogs and private messages. The ATrainerOnTheRoad reserves the right to deny
in its sole discretion any user access to the ATrainerOnTheRoad website and/or
revoke membership without notice.
1. The ATrainerOnTheRoad is NOT generally a recruitment database; members cannot
utilise the information provided to re-charge for recruitment services or
approach other members to change jobs (head hunt). In the event of a member,
profiting directly through the use of the information provided within the
member's homepage the membership of the individual will be terminated
immediately. However, ATrainerOnTheRoad do specifically give authority to
members advertising jobs and career opportunities in the relevant sections of
the ATrainerOnTheRoad Marketplace.
2. The ATrainerOnTheRoad is NOT a Network Marketing or MLM (Multi Level
Marketing) company and will not accept activity to either recruit members to the
marketing network of the MLM company or promote the MLM company itself. This
applies within its membership or at its events, this includes text, keywords and
links in profile pages or anywhere else on the website or material at networking
events. In the event of a member, profiting directly through the use of the
information provided within the member's homepage or from sending information
about the Network Marketing or MLM (Multi Level Marketing) company to the
membership the individual's membership to ATrainerOnTheRoad will be terminated
immediately. For clarity, Members will not be in breach of this condition if
they include or provide a product or service that is sourced from a multi-level
marketing, referral marketing or similar organisation and that product or
service is provided as part of that members own product or service offering to
their customers and clients.
3. The ATrainerOnTheRoad is a "free to advertise database" however the
sending of unsolicited emails (SPAM) advertising products and services to
members either using the ATrainerOnTheRoad forums, the private messaging system,
export contact tools, mass mailing newsletter tools or directly to members
e-mail addresses is NOT PERMITTED. The collection of ATrainerOnTheRoad members
e-mail addresses from the profile pages or from the database (except using
export tools where available) for ANY use without the written permission of The ATrainerOnTheRoad
is considered as theft, legal action will be taken against offenders.
4. The ATrainerOnTheRoad gives no warranty or guarantee on the information
provided by the member.
5. The ATrainerOnTheRoad is not liable for any misrepresentation of a member and
does not guarantee the reliability of any of its members, their products or
services.
6. The ATrainerOnTheRoad is not liable for any loss of job or any expenses
incurred in the pursuit of employment.
7. The ATrainerOnTheRoad will not intervene in disputes between members and do
not accept any liability to any party whatsoever for any disputes arising due to
postings on the website, messages, emails, telephone call or meetings by a
particular member(s). Members enter into a trading relationship at their own
risk and take full responsibility to undertake their own due diligence prior to
engagement of any sort.
8. The ATrainerOnTheRoad will not comment on individual cases of a breach of
these terms and conditions.
9. ATrainerOnTheRoad Invitation System
RESPONSIBILITY AND MISUSE
(1) You agree that you will solely be responsible for your use of the ATrainerOnTheRoad
Invitation System services provided to you and that you will use the service
legally and only for the purposes that it is intended to be used for. You will
also be responsible for ensuring that you ensure that you have a right to use
your contacts and that you will not, for example, be in breach of any employment
contract nor breach any third party prohibited activity or misuse policies. Note
ATrainerOnTheRoad store each email address to connect people to their respective
Networks when the invitee joins ATrainerOnTheRoad, responsibility for each email
address lies with the member sending the invitations, the member may block
emails within their Invitation System address lists to prevent further invites
being sent (the email address will stay in the system to ensure it can not be
used in another invitation by another member) or request they be removed
completely by emailing webmaster@ATrainerOnTheRoad.com.
(2) Furthermore you agree that you will not misuse the services supplied and
that you will abide by any laws applicable to this agreement or the operation of
it. In particular we refer to the use of; material or content we deem to be
harmful, illegal or offensive; any infringement of intellectual rights and
copyright or data protection; using the services for illegal purposes such as
fraud or in any other crime. However, misuse will also include:- Distribution of
viruses, worms or any other potentially destructive or otherwise malicious code.
Breach of any copyright, intellectual property or the rights of any third party,
whatsoever in nature, and is not contrary to any law
Allowing the automated addition of links or content to your account by third
parties on an unmoderated 'free for all' (FFA) basis.
Pirated software
Hacker programs
SPAM or UCE (unsolicited commercial email)
Unsecured mail scripts
(3) You specifically confirm that you will immediately report to us, but also to
use reasonable efforts to immediately stop any unauthorised use or misuse.
(4) Failure to properly use or any breach or misuse whatsoever will result in
membership being withdrawn and that former member will not have access to the ATrainerOnTheRoad
services at all. ATrainerOnTheRoad also reserve the right to take other
appropriate action.
LIABILITY DISCLAIMER
ATrainerOnTheRoad offers no warranty or guarantee whatsoever for the use of ATrainerOnTheRoad
Invitation System or the services generally are at the users own risk. ATrainerOnTheRoad
will not be held responsible for any loss whatsoever, including incidental or
consequential loss, arising out of ATrainerOnTheRoad Invitation System, (as a
whole or in part), its' installation, use or in any way at all including errors,
mistakes, accident, theft or fraud, destruction.
If you do not accept these terms and conditions do not use the ATrainerOnTheRoad
Invitation System.
SOFTWARE AVAILABLE ON THIS WEB SITE
Software (if any) that is made available to download from ATrainerOnTheRoad.com
("Software") is the copyrighted work of The ATrainerOnTheRoad and/or
its suppliers. Your use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software
("License Agreement"). You may not install or use any Software that is
accompanied by or includes a License Agreement unless you first agree to the
License Agreement terms. For any Software not accompanied by a License
Agreement, The ATrainerOnTheRoad hereby grants to you, the user, a personal,
non-transferable license to use the Software for viewing and otherwise using
this Web site in accordance with these terms and conditions, and for no other
purpose. Please note that all Software, including without limitation all HTML
code and controls contained in this Web site, is owned by The ATrainerOnTheRoad
and/or its suppliers and is protected by copyright laws and international treaty
provisions. Any reproduction or redistribution of the Software is expressly
prohibited by law and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT.
You acknowledge that the Software, and any accompanying documentation and/or
technical information, is subject to applicable export control laws and
regulations of the
LINKS TO THIRD PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than
The ATrainerOnTheRoad. Such hyperlinks are provided for your reference only. The
ATrainerOnTheRoad does not control such Web sites and is not responsible for
their contents. The ATrainerOnTheRoad's inclusion of hyperlinks to such Web
sites does not imply any endorsement of the material on such Web sites or any
association with their operators.
SERVICE CONTACT
Contact webmaster@ATrainerOnTheRoad.com
with questions or problems with this Web site.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of this Web site are: Copyright © 2006 - 2007 The ATrainerOnTheRoad
Ltd. and/or its suppliers.
All rights reserved.
ATrainerOnTheRoad products and/or services referenced herein are trademarks or
registered trademarks of The ATrainerOnTheRoad. Other product and company names
mentioned herein may be the trademarks of their respective owners.
MODIFICATION OF THESE TERMS AND CONDITIONS
The ATrainerOnTheRoad reserves the right to change the terms, conditions and
notices under which this web site is offered without notice.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. THE ATrainerOnTheRoad AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
THE ATrainerOnTheRoad AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
CONTAINED OR OBTAINED THROUGH THIS WEB SITE FOR ANY PURPOSE, OR THE RESULTS THAT
MAY BE OBTAINED FROM USING THE SITE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ATrainerOnTheRoad
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE ATrainerOnTheRoad
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ATrainerOnTheRoad OR ANY OF ITS
SUPPLIERS 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.
GENERAL
You agree that no joint venture; partnership, employment, or agency relationship
exists between you and The ATrainerOnTheRoad as a result of this agreement or
use of this Web site.
You agree to indemnify and hold ATrainerOnTheRoad Ltd, and its subsidiaries,
affiliates, agents, Trusted Network Leaders, co-branders or other partners and
employees, harmless from any claim or demand, including reasonable legal fees,
made by any ATrainerOnTheRoad member or third party due to or arising out of
content you submit, post, transmit or make available through the ATrainerOnTheRoad
website or any on site that chooses to link to or display the content, your use
of the ATrainerOnTheRoad website, your connection to the ATrainerOnTheRoad
website, your violation of these terms and conditions, or your violation of any
rights of another.
ATrainerOnTheRoad's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of ATrainerOnTheRoad's
right to comply with law enforcement requests or requirements relating to your
use of this Web site or information provided to or gathered by ATrainerOnTheRoad
with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
ATrainerOnTheRoad operates paid subscription membership services - the terms and
conditions of these services are here:
This agreement constitutes the entire agreement between the user and The ATrainerOnTheRoad
with respect to this Web site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between the
user and The ATrainerOnTheRoad with respect to this Web site. A printed version
of this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
Fictitious names of companies, products, people, characters and/or data that may
be used herein are not intended to represent any real individual, company,
product or event.
Any rights not expressly granted herein are reserved.
© 2007 - 2008 The ATrainerOnTheRoad Ltd. All rights reserved.
Terms of Use Privacy Statement.