This User Agreement ("Agreement") is a contract
between you and DMT Web Ventures Inc and applies to your use of
www.TurboRoster.com and www.Turbo-STRAPP Services. You must read, agree with
and accept all of the terms and conditions contained in this Agreement. We may
amend this Agreement at any time by posting a revised version on our website.
The revised version will be effective at the time we post it. In addition, if
the revised version includes a Substantial Change, we will provide you with
prior notice of Substantial Change by posting notice on our website. We last
modified this Agreement October 11, 2016.
· 1.1 TurboRoster is a management
tool / payment service. TurboRoster helps manage Organizations,
interact with a network of activities, and make payments to join a specific
organization. TurboRoster does not have control of or liability for the
products or services that are paid for through our website. We do not guarantee
recreation satisfaction nor offer refunds for Organizations or activities that
do not meet your expectations. In addition, TurboRoster is not responsible for
delays with your current network provider, information that may be lost,
back-up files, timelines, system delays, updates, maintaining information, any
information that is deemed inappropriate, and any information on bulletins or
messages sent through our system. Each user is personally responsible and shall
utilize our site at your own risk.
Turbo-STRAPP is a wearable device application and and service delivery tool through a training portal .
Turbo-STRAPP provides users with a robust IOS and ANDROID application that
works with wearable heart rate devices. Our applications may interacts with trainers portal upon user consent only. Data provided from wearable
devices are readings from an optical sensor and should not be relayed on for
any heart conditions or prevention. Please consult your doctor
for appropriate diagnosis and remediation. Turbo-STRAPP has game
like features and allows users to compete at those locations through a 3rd
have access to a custom portal that will enable professionals to invite clients
and view their workouts from Turbo-STRAPP application. Please use with
the utmost respect of the user you are connected with through our consent
· 1.2 Your Privacy.
Protecting your privacy is very important to TurboRoster and Turbo-STRAPP.
commitment to maintaining your privacy, as well as our use and disclosure of
· 1.3 Privacy of Others. If you
receive Information about another TurboRoster or Turbo-STRAPP User through the
Service, you must keep the Information confidential and only use it in
connection with the Service. You may not disclose or distribute a TurboRoster
or Turbo-STRAPP Users Information to a third party or use the Information for
marketing purposes unless you receive the Users express consent to do so.
· 1.4 Intellectual Property.
TurboRoster.com, Turbo-STRAPP, DMT Web Ventures, Inc, and all related logos,
products and services described in our website are either trademarks or
registered trademarks of TurboRoster. You may not copy, imitate or use them
without TurboRoster prior written consent. In addition, all page headers,
custom graphics, button icons, and scripts are service marks, trademarks,
and/or trade dress of TurboRoster. You may not copy, imitate, or use them
without our prior written consent. You may use HTML logos provided by
TurboRoster through our merchant services, league management tools features or
affiliate programs without prior written consent for the purpose of directing
web traffic to the Service. You may not alter, modify or change these HTML
logos in any way, use them in a manner that is disparaging to TurboRoster.
· 1.5 Assignment. You
may not transfer or assign any rights or obligations you have under this
Agreement without TurboRoster prior written consent. TurboRoster reserves the
right to transfer or assign this Agreement or any right or obligation under
this Agreement at any time.
· 1.6 Notices to You. You
agree that TurboRoster may provide notice to you by posting it on our website,
emailing it to the email address listed in your Account, or mailing it to the
street address listed in your Account. Such notice shall be considered to be
received by you within 24 hours of the time it is posted to our website or
email to you unless we receive notice that the email was not delivered. If the
notice is sent by mail, we will consider it to have been received by you three
Business Days after it is sent. You may request a paper copy of any legally
required disclosures and you may terminate your consent to receive required
disclosures through electronic communications by contacting TurboRoster as
described in section 1.7 below. TurboRoster reserves the right to close your
Account if you withdraw your consent to receive electronic communications.
· 1.7 Notices to TurboRoster. Except
when there is an error or unauthorized transaction (Disputes with TurboRoster),
notice to TurboRoster must be sent by postal mail to: DMT Web Ventures, Inc.,
Attention: Legal Department, 365 Route 111 Suite A16, Smithtown, NY 11787.
· 1.8 Transaction History. You
may access your transaction by contacting customer service.
· 1.9 Regulation E Disclosures. Our
commitments to you in this Agreement related to liability for unauthorized
transactions, stop-payment rights and procedures, error resolution rights and
procedures, Fees, contact information, our Business Days, limitations we may
impose on transfers, and your rights to statements of your transaction history,
constitute disclosures under the Electronic Fund Transfer Act and Federal
Reserve Board Regulation E, 12 C.F.R.§ 205.1 et seq
· 1.10 TurboRoster fee Our service
fee is not a flat rate and can fluctuate in relation to organization dues.
No Warranties This site and its content / information is provided “as
is”with no representations or warranties of any kind, either expressed or
implied. TurboRoster makes no guarantee that the functions of the site,
material, and information will be error free and uninterrupted, that defects
will corrected, or site will be free of any viruses or harmful components. The
user will join and utilize TurboRoster at his/her own risk. TurboRoster is not
responsible for the content of any sites that may be linked to this site. TurboRoster
attempts to ensure quality in design, integrity and accurateness of the site,
however it will make no guarantees under any form to quality in design,
integrity and accurateness of the site.
1.12 Limitation of
Liability TurboRoster and its
affiliates and sponsors, are neither responsible nor liable for any direct,
indirect, incidental, consequential, special, exemplary, punitive or other
damages arising out of or relating in any way to the Site, Site-related
services and/or content, or information contained within the Site. Your sole
remedy for dissatisfaction with the Site and/or Site-related services is to
stop using the Site and/or those services.
Operations TurboRoster has the
right to suspend, remove, or delete any feature or function on our site
shall not be liable to client for any lost profits, or any indirect, special,
incidental, consequential or punitive loss or damage of any kind, or for
damages that could have been avoided by the use of reasonable diligence,
arising in connection with the agreement, even if the party has been advised or
should be aware of the possibility of such damages. notwithstanding anything
else in the agreement to the contrary, the maximum aggregate liability of
contractor and any of its employees, agents or affiliates, under any theory of
law (including breach of contract, tort, strict liability, and infringement)
shall be a payment of money not to exceed the amount paid by client for
services during the three months preceding the event requiring payment
hereunder. User agrees to indemnify, defend, and hold harmless
Contractor, its stockholders, directors, officers, successors, agents,
attorneys and assigns from all damages, liabilities, injuries, claims, causes
of action, and expenses (including attorneys fees) arising out of (i) the
breach of this Agreement and (ii) any third party claim based upon the use of
Turbo-STRAPP APP USERS TurboRoster
and Turbo-STRAPP users agree that 3rd parties applications are used in both
platforms. Users agree that when a "check-in" or
"add locations" occurs through a 3rd party API (FourSquare), that
information will be shared with that location for various leaderboards, in
location gamification, and workout data. TurboRoster / Turbo-STRAPP
provides options to users not to check in, in which, data will not be shared.
Users also agree to the following regarding the Turbo-STRAPP device.
1.16 Turbo-STRAPP APP This is
not a medical device and is intended for recreational use only. No claims
are implied or made in the results of the use of the equipment.
Readings are for reference only and this device should be used with care and in
conjunction with your exercise experience. TurboRoster takes no
responsibility for default goals, readings, or other statistics the device
Battery contains a re-chargeable
lithium-ion battery that e removed and replaced by a professional. Battery can
explode or leak and cause injury if removed by the user and crushed, installed
backwards or exposed to excessive heat. Keep out of reach of children and
dispose of properly. If swallowed promptly contact a doctor and call your local
poison control center
TurboRoster shall not be liable
for any incidental or consequential damages resulting from the performance or
use of this product. In the interest of continued product improvement, this
company reserves the right to revise the manual or include changes in the
specifications of the product described within it at any time without notice
and without obligation to notify any person of such revision or changes. The
information contained in this brochure is provided for general use by the
customers. Do not attempt to
remove the sensor from the actual device. This can cause damage that may render
the Turbo-STRAPP unit inoperable.
1.17 Turbo-STRAPP APP &
TRAINERS PORTAL Users that OPT into the trainers portal by clicking an invitation
or signing up are accepting and agreeing to sharing data with others. Turbo-STRAPP does not screen nor check user
fitness credentials. Turbo-STRAPP is not
responsible for any suggestions that trainers or other fitness professionals
suggest, recommend, or provide within the portal or application. The Turbo-STRAPP application and trainers
portal is a platform that uses 3rd party devices to aggregate data
and visually display that information within our application. All trainers that use our portal have full
access to provide content, exercise suggestions, nutritional guidance, and
other related material at their discretion.
We do not screen, fact check, nor approve any information provided
unless reported malicious by another user within our database.
1.18 Turbo-STRAPP WELLNESS
PROGRAM and PORTAL USE Users that OPT into the Wellness program or
portal by clicking an invitation are accepting and agreeing to sharing data
with others. Turbo-STRAPP contracts 3rd
party professionals to provide feedback, professional guidance, and
support. We do not contract doctors nor
suggest that our contractors can provide medical evaluations or health
checks. We highly suggest visiting a
medical professional if you experience any health related issues. Users agree that all information within the
Turbo-STRAPP platform is subjective and should be considered with caution.
1.19 Payments Each online program varies in cost. You will be charged when you subscribe and 28
days after your subscribed date. The
charge will be applied to the same account you provide at sign-up. Your standard membership will continue uninterrupted
and will automatically renew each month or the then-current fee if the fee
changes. You may also cancel renewal of
your standard membership at any time prior to the beginning of a new
subscription period and you will continue to have access to your account for
the remainder of your current term.
Please see our Terms of Conditions if you have questions or wish to
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