Welcome to The Training Toole website at www.thetrainingtoole.com By visiting this website,
using a service and/or making a a purchase at thetrainingtoole.com, you agree to abide by
these Terms and Conditions when you use this site. Your use of this site means that you agree
to and will abide by these terms and conditions. If you do not agree to abide by these terms and
conditions, do not use any portion of this site.
This website is intended for educational and informational purposes only. It is not to be used for
medical advice, diagnosis, or treatment. It is the user’s responsibility to consult a Physician or
Medical Professional for clearance for participation prior to the use of this website. Any reliance
upon any opinion, advice, statement or any information displayed or distributed through this site
is at your sole risk.
The Training Toole is the creator and owner of this site and retains all rights to everything
encompassed within. All content on this site is the property of The Training Toole and is
protected by United States and international copyright laws.
1. NONEXCLUSIVE LICENSE
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and
the material provided herein for personal use, provided that you comply fully with these Terms
and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without the express prior
written consent of The Training Toole. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including images, text, page
layout, or form) of The Training Toole without our express prior written consent. You may not use
any meta tags or any other “hidden text” utilizing The Training Toole’s name or trademarks
without the express prior written consent of The Training Toole. Any unauthorized use
terminates the rights granted herein by The Training Toole. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of the Site so long as the link
does not portray The Training Toole, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any The Training Toole
logo or other proprietary graphic or trademark as part of the link without the express prior written
permission of The Training Toole.
2. PROHIBITED USES
Unauthorized use or modification of any information stored on the Site may result in criminal
and/or civil prosecution under applicable Federal, State and local laws. You may not use the
Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to (i)
promote any unlawful activity or purpose, including without limitation, any activity that could give
rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or
information on or supplied by another user of the Site; or (ii) conduct any activity that infringes
on the copyright, patent, trademark, service mark or other rights of any person or entity. You
shall not restrict or inhibit any other user from using and enjoying any service conducted on the
Site. You are solely responsible for the content of any transmissions you make to the Site or to
any The Training Toole employee. You agree that you will not send, post or otherwise publish
through the Site, any message, material, user name or other communication that: (i) is unlawful,
offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening,
abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii)
impersonates any person or entity; (iii) provides personally identifiable information of any person
or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a
criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii)
causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual
property rights, contract rights, or any other rights of any third party; (ix) contains harmful or
malicious components or code designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; or (x) creates a link to
another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any
way. You may not advertise or solicit on or through the Site without the express prior written
permission of The Training Toole. You agree that you will not use the Site for chain letter, junk
mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any
kind including, but not limited to, distribution lists to any person who has not given specific
permission to be included in such a list.
3. USAGE AND MONITORING
If you use this Site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. The Training Toole does sell products
for children. If you are under 18, you may use thetrainingtoole.com only with involvement of a
parent or guardian. The Training Toole reserves the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in its sole discretion. While The Training Toole has no
obligation to monitor the Site and is not responsible for the content of any messages,
information or files transmitted on the Site, The Training Toole reserves the right to delete and
take other appropriate action with respect to such messages, information or files with which The
Training Toole, in its sole and absolute discretion, deems objectionable or otherwise in violation
of these Terms and Conditions. The Training Toole further reserves the right, in its sole and
absolute discretion and without notice, to deny access to the Site to anyone at any time.
If you do post or submit content of any nature, and unless indicated otherwise, you grant The
Training Toole a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right
to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and
display such content throughout the world in any media now known or hereinafter invented. You
also grant The Training Toole the right to use the name that you submit in connection with such
content. You represent and warrant that you own or otherwise control all of the rights to the
content that you submit; that the content is accurate; that use of the content you supply does not
violate any rights and will not cause injury to any person or entity; and that you will fully
indemnify The Training Toole for all claims of any nature resulting from content you supply. The
Training Toole respects the intellectual property of others. If you believe that your material has
been copied in a way that constitutes copyright or trademark infringement, please notify us
immediately.
4. PRIVACY
Your use of the Site constitutes your consent to The Training Toole’s privacy policy posted on
the Site which is updated from time to time. You may review the current The Training Toole
privacy policy at thetrainingtoole.com/privacy-policy.
5. COPYRIGHT OWNERSHIP
All content included on this Site, including but not limited to text, graphics, photographs, logos,
and software, and all derivative rights thereof is the property of The Training Toole or its content
suppliers and is protected by United States and international copyright laws. Unauthorized
copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating
any of the material is prohibited. The Training Toole and its content suppliers do not grant any
express or implied rights to you under any patents, copyrights, trademarks or trade secrets.
6. WEB LINKING
Links may appear on the Site that may be used to link to other web sites. These links are
provided as a courtesy to our visitors. The Training Toole has no control over the linked web
sites or other materials, information, goods or services available or contained on these linked
sites. The Training Toole is not responsible for and does not endorse or guarantee accuracy in
any way of such sites. If you decide to access any of the linked sites, you do so entirely at your
own risk. The Training Toole reserves the right to terminate any link at any time.
7. DISCLAIMER AND LIMITATION OF DAMAGES
(a) The Training Toole is neither responsible nor liable for any viruses or other contamination of
your computer system or other device used to access the Site as a result of your use of the Site.
The Site (including, without limitation, all content, software, functions, materials and information
made available or described on the site or accessed by means thereof) is provided “as is,”
without representations or warranties of any kind, either express or implied, including, without
limitation, any express or implied warranty of merchantability, fitness for a particular purpose,
title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, The
Training Toole makes no warranty or representation, either express or implied, that access to or
operation of the Site will be uninterrupted or error free. In no event will The Training Toole, its
suppliers, or any other party involved in creating, producing or delivering the Site’s content be
liable for the truth, accuracy or completeness of any information on the Site, for errors or
mistakes made by humans or machines, or for any actual, special, indirect, incidental or
consequential damages that may arise from the use of, or the inability to use, the Site and/or the
materials and information contained on or available through the Site.
(b) Any statements and opinions appearing on the Site are those of its authors, and The
Training Toole assumes no responsibility for such statements and opinions. Neither The Training
Toole nor its affiliates shall have any liability arising from your reliance upon the information
provided on the Site. While The Training Toole makes reasonable efforts to present accurate
and reliable information on the Site, The Training Toole does not endorse, approve, or certify
such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or
correct sequencing of such information. Any reliance upon any advice, opinion, statement or
other information displayed or distributed through the Site is at your sole risk. Please consult a
physician or health care professional before using any of the general information that you find
on the Site. Reference herein to any specific commercial product, process, or service by trade
name, trademark, service mark, manufacturer, or otherwise does not constitute or imply
endorsement, recommendation, or favoring by The Training Toole. Please use caution and
common sense in making use of any information on the Site or any other resources on the
Internet.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting
from your downloading and/or use of files, information, other communications, content or other
material (including, without limitation, software) accessed through or obtained by means of the
Site.
(d) Although we do not share or sell customer profile information including email addresses
gathered on the Site with outside organizations, we make no guaranty of confidentiality or
privacy of any communication or information transmitted on the Site or any site linked to the
Site. We will not be liable for the privacy of e-mail addresses, registration and identification
information, The Training Toole, communications, confidential or trade-secret information, or any
other content stored on our equipment, transmitted over networks accessed by the Site, or
otherwise connected with your use of the Site.
8. INDEMNIFICATION
You agree to indemnify and hold The Training Toole and its subsidiaries, affiliates, officers,
directors and employees, harmless from any claim or demand, including reasonable attorneys’
fees, made by any third party due to or arising out of your use of the Site, violation of these
Terms and Conditions, or other infringement by you, or any other user of your member name, of
any intellectual property or other right of any person or entity.
9. APPLICABLE LAWS
The Training Toole operates the Site from its offices in Florida and makes no representations
that materials in the Site are appropriate or available for use in other locations. Access to the
Site from any territory where the content is illegal is prohibited. If you choose to access the Site
from other locations, you do so at your own risk and are solely responsible for compliance with
any and all applicable laws and regulations. The display of the Site alone does not subject The
Training Toole to any specific jurisdiction. You may not use or export any of the Site materials in
violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be deemed severable and shall not
affect the validity or enforceability of any remaining terms or condition. Any claim related to the
use of the Site or to the Site materials shall be governed by, construed and enforced in
accordance with the laws of the State of Florida as applied to agreements made and to be
performed entirely therein. The parties consent to venue and personal jurisdiction in Ocala,
Florida and any and all actions brought in connection with the Site or Site content shall be
submitted to binding arbitration conducted in accordance with the rules of conciliation and
arbitration of the American Arbitration Association. The parties hereby consent to the arbitration
being held in the County of Marion of the State of Florida. Communications made through the
Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to The
Training Toole or any of its officers, employees, agents or representatives, such as where notice
to The Training Toole is required by contract, or any federal, state or local laws, rules or
regulations.