Terms of service

 1. Privacy

‍For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy. By accessing or using the Services, you agree that we can collect and use your information in accordance with our Privacy Policy. 

2. Eligibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

3. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your account credentials with anyone, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

4. User Content

Our Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features which may allow you and other users to create, post, store and share content, including messages, text, photos, videos, exercise regimens, food logs, recipes, health related data, mindfulness routines, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and trainwell.

You grant trainwell and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, transferable, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others and you hereby grant all users of our Services permission to view your User Content for their personal, non-commercial purposes. Trainwell will not publicly share your User Content that contains personally identifiable information without your explicit consent unless otherwise required by law.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

5. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not: 

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account;
• Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Sell, resell or commercially use our Services;
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; 
• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; 
• Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; 
• Develop or use any applications that interact with our Services without our prior written consent;
• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, pyramid schemes, get-rich-quick schemes; or any other money-making ventures;
• Bypass or ignore instructions contained in our robots.txt file; or
• Depict unlawful acts, violence or animal cruelty;
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose trainwell or others to any harm or liability of any type.

By using the Service, you also agree to adhere to the following Customer Code of Conduct (Code of Conduct) when interacting with any and all trainwell employees or trainwell representatives on the trainwell platform. This includes, but is not limited to, communications via the trainwell mobile application, SMS/Text messaging service, video calls, and trainwell-associated social media accounts.

Code of Conduct:

1. Professionalism and Respect:
   • I will maintain professional, respectful, and constructive communication with trainwell staff and representatives.
   • I will not engage in or tolerate any form of discrimination against individuals or groups based on protected characteristics.
2. Prohibited Behaviors:
   • I will not use threats, intimidation, offensive language, or offensive gestures towards trainwell staff, representatives, or fellow trainwell customers.
   • I will avoid rude or disrespectful behavior, messages, or comments directed towards trainwell staff, representatives, or fellow trainwell customers.
   • I will not engage in any form of sexual harassment.
   • I will not share or send offensive images, materials, or messages to any trainwell staff, representatives, or fellow trainwell customers.

Consequences of Breach:

1. Account Actions:
   • If you breach the Customer Code of Conduct, trainwell may take actions against your account depending on the severity of the breach. These actions may include, but are not limited to:
     • Sending a warning to your on-file email address.
     • Switching you to a new trainer
     • Temporary suspension of your trainwell account.
     • Immediate removal and permanent ban from any and all trainwell services.
2. Severe Breaches:
   • Examples of breaches that may lead to immediate removal and banning from trainwell services include, but are not limited to:
     • Obscene profanity.
     • Sexually explicit remarks or content.
     • Explicit nudity.
     • Hate speech.
     • Threats to safety.

• Determining the severity of a breach of the Code of Conduct is at the sole discretion of trainwell.  Trainwell reserves the right to terminate your service at any time for any reason.

Enforcement of this Section 5 is solely at trainwell’s discretion, and failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

6. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by trainwell or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

7. Trademarks

trainwell, CoPilot, CoPilot Systems, Inc, Delta Band Inc. and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of trainwell and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. 

8. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, responses to surveys, or other information about trainwell or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in trainwell’s sole discretion. You understand that trainwell may treat Feedback as non confidential.

9. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify trainwell’s designated agent as follows:

Designated Agent:

Address: 3233 W Liberty Ave

Suite 200

Pittsburgh, PA 15216

E-Mail Address: support@trainwell.net

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to trainwell for certain costs and damages.

10 Fees; Subscription Autorenewal

This Section 10 applies to your purchase and use of any portion of our Services that requires payment, including automatically renewing subscription services (“Subscriptions”) and one-time purchases. trainwell may offer additional promotions or discounts beyond what is included below related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of these Terms and will be incorporated herein by reference. Unless specified in writing, all discount offers that require a payment are non-refundable, and all free months offered are in addition to any Subscription period. 

Automatically Renewing Subscriptions.  Your Subscription will automatically renew for additional terms equal to the initial Subscription period as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with these Terms. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term. Before charging you for a Subscription term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the paid Service. 

Subscription Cancellation.  You may cancel your Subscription at any time. Your cancellation will take effect at the end of the Subscription term. In the event you cancel your Subscription, note that we may continue to send you promotional communications about our Services, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications. 

No Refunds.  When you cancel a Subscription, you cancel only future charges for that Subscription and you acknowledge that you will not receive a refund for the current Subscription term you paid for but will continue to have full access to that Subscription until the end of that current Subscription term.  We may provide, at any time and for any reason and in our sole discretion, refunds, discounts or other consideration to some or all of our users. The provision of any such consideration in one instance does not entitle you to credits in the future for similar instances, nor does it require us to provide any consideration in the future. 

Free Trials. We may, from time to time, offer free trials of certain Subscriptions for specified periods of time without payment. If we offer a free trial, the specific terms of the free trial will be provided in the marketing materials describing such trial. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes or other charges) for as long as your Subscription continues, unless you cancel your Subscription as indicated above prior to the end of your free trial. To avoid any charges, you must cancel your subscription before the end of your free trial period. Before charging you at the end of your free trial period, we will notify you of the applicable fees. 

One-Time Purchases.  If we offer any paid Services as a one-time purchase, such one-time purchases may not be cancelled and you are not entitled to a refund for such services. 

Sale of Products.  trainwell accepts orders for certain equipment, apparel or accessories that we may offer through our Services. Unfortunately, availability of products cannot be guaranteed. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the U.S. shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through our Services or to your email address after your payment has been processed.

Price Changes. We reserve the right to adjust pricing for any paid portion of our Services or any components thereof in any manner and at any time. Any price changes will only take effect following notice to you. 

Payment and Billing.  You authorize us (or our third-party payment processor) to charge your chosen payment method for any portion of our Services that requires payment. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processes) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). All prices shown are in USD currency unless otherwise stated. If the payment method cannot be verified, is invalid or otherwise not acceptable, the portion of our Service that requires payment may be suspended or cancelled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of such paid Services. trainwell may immediately terminate or suspend your account, and all or a portion of the Services, without notice if: (a) your payment is more than 7 days overdue; (b) you provide false or inaccurate information; (c) you violate these Terms, or any other trainwell rules or policies then in effect; (d) you engage in conduct that is in violation of any applicable law; or (e) if you engage in conduct that is threatening, abusive or harassing to trainwell employees or agents, or other trainwell users. 

If you believe you have been billed in error, please notify us within 60 days of the billing date by emailing support@trainwell.net. trainwell will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.

11. Beta Services

From time to time, we may offer you the opportunity to install, use and test (“Beta Testing”) certain Services prior to their general commercial release (the “Beta Services”). Beta Services are intended for evaluation purposes only and not for production use and are subject to the following additional terms. 

• We grant you a limited right to use the Beta Services for Beta Testing purposes during the applicable testing period;
• We reserve the right to modify the Beta Services or terminate your participation in the Beta Testing for any reason, without liability to you. We will use commercially reasonable efforts to provide you with reasonable advance notice of such termination.

12. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. trainwell does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

13. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless trainwell and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “trainwell Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify trainwell Parties of any third-party Claims, cooperate with trainwell Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the trainwell Parties will have control of the defense or settlement, at trainwell's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and trainwell or the other trainwell Parties.

14. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, to the fullest extent permitted by applicable law, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, trainwell does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While trainwell attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

Our Services are provided for information purposes only and are not intended to diagnose, treat, cure, or prevent any disease or condition. Our Services are not intended for people with medical disorders or conditions such as serious mental or physical illness, including anxiety disorders, anorexia nervosa, food allergies, or those with a history of anaphylactic reactions. If you have a medical or heart condition, consult your doctor before changing your diet or otherwise using information from our Services. If you experience a medical emergency, consult with a medical professional. trainwell is not responsible for any health problems that may result from your use of our Services. By accessing or using our Services, you acknowledge that the Services are not designed, intended or made available as a medical device, and are not designed or intended to be a substitute for professional advice, diagnosis, treatment or judgment. Do not use our Services to replace, substitute, or provide professional medical advice, diagnosis, treatment or judgment. If you use your Services, you agree that you do so voluntarily and at your own risk. 

In becoming a user of trainwell with the intent of using the Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; (viii) if applicable, you are not pregnant, breastfeeding or lactating; or (B) your physician has specifically approved of your use of the Services.

We reserve the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.  

15. Limitation of Liability

To the fullest extent permitted by applicable law, trainwell and the other trainwell Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if trainwell or the other trainwell Parties have been advised of the possibility of such damages.

The total liability of trainwell and the other trainwell Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $20.00 or the amount paid by you to use our Services during the 6-month period preceding the date on which the claim arose.

The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of trainwell or the other trainwell Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

16. Release

To the fullest extent permitted by applicable law, you release trainwell and the other trainwell Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

17. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

18. Dispute Resolution; Binding Arbitration

Please read this Section carefully because it requires you to arbitrate certain disputes and claims with trainwell and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial. 

No Representative Actions. You and trainwell agree that any dispute arising out of or related to these Terms or our Services is personal to you and trainwell and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or trainwell seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or trainwell seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and trainwell waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against trainwell or relating in any way to the Services, you agree to first contact trainwell and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to trainwell by email at support@trainwell.net (attn: Legal Department) or by certified mail addressed to 3233 W Liberty Ave Suite 200, Pittsburgh, PA 15216. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and trainwell cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Allegheny County, PA (unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence), or may be conducted telephonically or via video conference for disputes alleging damages less than $1000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. 

You and trainwell agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 

The arbitrator, trainwell, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and trainwell agree that for any arbitration you initiate, you will pay the filing fee and trainwell will pay the remaining JAMS fees and costs. For any arbitration initiated by trainwell, trainwell will pay all JAMS fees and costs. You and trainwell agree that the state or federal courts of the State of Pennsylvania and the United States sitting in Allegheny County, PA have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and trainwell will not have the right to assert the claim. 

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by sending an email to support@trainwell.net (attn: Legal Department). In order to be effective, the opt-out notice must include your full name, email address associated with your account, and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 19.

If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable.

19. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Pennsylvania and the United States, respectively, sitting in Allegheny County, PA.

20. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

21. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

22. Additional Terms Applicable to Mobile Devices 

The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”). 

• Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple, and trainwell, not Apple, is solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store will govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
• Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
• Maintenance and Support. You and trainwell acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of trainwell. However, you understand and agree that in accordance with these Terms, trainwell has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
• Product Claims. You and trainwell acknowledge that as between Apple and trainwell, trainwell, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, trainwell, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
• Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed to:

CoPilot Systems, Inc.
3233 W Liberty Ave, Suite 200, Pittsburgh, PA 15216
support@trainwell.net

• Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Services. 
• Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).

The following terms apply if you install, access or use the Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):

• You acknowledge that these Terms are between You and us only, and not with Google. 
• Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
• Google is only a provider of the Android Market where You obtained the Android App.  We, and not Google, are solely responsible for our Android App and the Services and Content available thereon. Google has no obligation or liability to You with respect to Our Android App or these Terms.
• You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.

23. Miscellaneous

These Terms constitute the entire agreement between you and trainwell relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 5, 8, 10, 13, 14, 15, 16, 18, 19, 22, and 23 survive any expiration or termination of these terms. The failure of trainwell to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or the Services, in whole or in part, without your prior written consent. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

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