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By subscribing to the PBscience.com service (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). We reserve the right to change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time.
Account Terms
• You must be 16 years or older to use this Service.
• You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. You are responsible for keeping your profile up to date.
• You are responsible for maintaining the security of your account and password. The Service cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and all activity that occurs under your account (even when Content is posted by others who are sharing your pages).
• One person or legal entity may not maintain more than one account.
• You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• Violation of any of these terms will result in the termination of your Account. You understand and agree that the Service cannot be responsible for the Content posted on the website and you nonetheless may be exposed to infringing materials. You agree to use the Service at your own risk.
Payment, Refunds, Upgrading and Downgrading Terms
• Monthly subscriptions will be payable by standing order to the PBscience account.
• Payment is due on the 1st of the month in advance on a monthly basis. Subscribers commit to three months when initially signing up. This period is non-refundable. There will be no refunds or credits for partial months of Service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
• All product prices given on this web site are inclusive of Value Added Tax.
• For any upgrade or downgrade in plan level, you will be asked to amend your standing order to the new rate on the next billing cycle.
• Downgrading your Service may cause the loss of Content or features. The Service does not accept any liability for such loss.
Disclaimer
• PBscience requires that you consult your physician before following any training instructions you receive through PBscience and or participating in any event announced on the PBscience web site. PBscience is not a licensed medical care provider and has no expertise in diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. PBscience is not a prescription system and is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should understand that when participating in any exercise or exercise programme, there is the possibility of physical injury and or death.
• You should never disregard or delay seeking medical advice because of information you have read on the PBscience web site. PBscience is not responsible for any health problems that may result from training programmes, products or events you learn about through PBscience.com. If you engage in any exercise programme you receive through PBscience, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge PBscience from any and all claims or causes of action, known or unknown, arising out of PBscience's negligence. You agree to indemnify and hold harmless PBscience and any partners or associates we represent for any loss, liability, claim, damage and expenses (including reasonable legal fees) arising from or in connection with your use of the information or services you receive through PBscience.
• The information and services available on or through the PBscience web site and in e-mail messages sent to PBscience members come from a variety of sources. While we strive to bring you only the most helpful and accurate information, we cannot verify, endorse or vouch for the research, information, services or recommendations provided. PBscience is not responsible for the accuracy, reliability, effectiveness or correct use of the collated information you receive through the PBscience web site, or for any health problems that may result from training programmes, products, or events you learn about through PBscience.
• PBscience does not take responsibility for the information provided by our partners, Training Peaks, nor for any interruption of service to those aspects of your membership. Please contact them directly.
• Use of any message boards or public forums available on our site is at your own risk. You are responsible for any information you disclose on these message boards or public forums and we cannot be held responsible or liable for the consequences of using them.
Cancellation and Termination
• You are solely responsible for properly cancelling your account, and you may do so at any time by contacting us – a one-month notice period should be given. An e-mail or phone request to cancel your account is not considered cancellation.
• The minimum subscription period to the Service is 3 months. If you cancel within this minimum period, PBscience will take steps to reclaim the payments not made.
• All of your Content will remain in our system after cancellation: you may return at a later date and re-instate your account with Content attached.
• If you cancel the Service before the end of your current paid-up month, your cancellation will take effect when your chosen term ends. You will not be charged again.
• PBscience, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. We reserve the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
• PBscience reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services, including but not limited to monthly-subscription-plan fees to the Service, are subject to change without notice. Such notice may be provided at any time by posting the changes to the PBscience site or the Service itself.
• PBscience shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.
• Subject to any relevant consumer protection legislation, including our obligation under the Consumer Protection (Distance Selling Regulations) and the Unfair Contract Terms Act 1977, our liability for any breach of the terms of this agreement, whether expressed or implied, and whether concerning the description and quality of any materials supplied by us or our performance in supplying and delivering such materials to you, will be limited to the value of the materials ordered by you in the relevant transaction.
Copyright and Content Ownership
• All rights in this website, including copyright, design and trademark rights, are owned by the PBscience, unless specifically indicated otherwise.
• We claim no intellectual property rights over the material you provide to the Service. Your profile and materials you upload remain yours. However, by allowing your pages to be shared publicly, you agree to allow anyone to view and share your Content.
• The content of the website resources (factsheets, audio files, newsletters etc) and the training programmes supplied as part of the membership packages remain the property of PBscience and must not be reproduced, adapted, stored in any medium, in full or in any part, passed on or sold to third parties.
• PBscience does not pre-screen Content, but PBscience has the right (but not the obligation) at its sole discretion to refuse to display or to remove any Content that is available via the Service.
• It is not permissible to use tools or other methods for the purpose of data gathering, mining or extraction by any means without the written permission of PBscience.
Data Protection
We will not make your contact details available to any other third parties unless you have specifically given us permission to do so. Storage of training data is hosted by an external website service (www.trainingpeaks.com). Their policy on securing data is as follows:
"This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All systems are maintained with the latest revisions of operating system patches and software, including security updates. Multiple sources of information about Internet security issues are monitored on a daily basis, and systems are carefully monitored to detect any attempts to compromise security. Access to databases is limited to technical staff that are performing maintenance activities, and support staff assisting a user, and in all cases, is strictly limited to the minimum necessary to perform the assigned task. We use the SSL encryption standard to communicate sensitive user information. Technical staff uses secure clients for interactive maintenance sessions to prevent password sniffing. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or you transmit from our online products or services, and you do so at your own risk. Once we receive your transmission, we take all reasonable efforts to ensure its security on our systems. Sometimes user data is not retrievable or is lost or damaged. In these instances, we will try to retrieve or restore the data but we cannot be held responsible and cannot be held liable for data that is lost or damaged, not retrievable, altered or misused. We also cannot be held responsible and cannot be held liable for information that is lost or damaged, not retrievable, altered or misused by third parties."
General Conditions
• Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
• Technical support is provided via email (we try to respond within 24 hours, often much faster).
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, PBscience, or any other PBscience service.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of PBscience.
• We may, but have no obligation to, remove Content and accounts containing Content that we determine at our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) to any PBscience customer, employee, member, or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not upload, post, host or transmit unsolicited email, SMSs, or “spam” messages.
• PBscience does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
• You expressly understand and agree that PBscience shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if PBscience has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements by or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
• The failure of PBscience to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PBscience and govern your use of the Service, superseding any prior agreements between you and PBscience (including, but not limited to, any prior versions of the Terms of Service).
• Questions about the Terms of Service should be sent to info@PBscience.com.
• Training data uploaded to the PBscience server shall be owned by You but PBscience shall have access to such data as it pertains to our privacy agreement and terms of use. PBscience holds this data in highest regard and will not use it for malicious, unlawful or any other purpose intended to cause harm or damage to the customer. It will not be shared with any third party unless aggregated as a whole, anonymously, for general comparison.
Governing Law
Our terms and conditions, and all other disclaimers and materials on our website, are governed by English law and any disputes arising shall be subject to the jurisdiction of the English courts, to which both parties submit.
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