train moment policies
CLICK TO NAVIGATE TO THE POLICY YOU WISH TO SEE
TRAIN MOMENT TERMS OF SERVICE
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.trainmoment.com (“the Site”) operated by Atamos LLC (DBA Train Moment) (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.trainmoment.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Atamos LLC Services. You are only authorized to use the ATAMOS LLC Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the ATAMOS LLC website and discontinue use of ATAMOS LLC Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
PERSONAL ACCOUNTS
In order to access some features of the website, you will have to create a ATAMOS LLC account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
PERSONAL BELONGINGS: You agree that ATAMOS LLC is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
REFUND POLICY
Memberships/Packages: All credits, memberships, trials and packages are non-refundable.
Retail items: Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to 30 days.
LIMITATION OF LIABILITY
By signing your initial “Enlistee” contract and/or attending sessions, events, activities, and other programs and using the ATAMOS LLC studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the ATAMOS LLC workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that ATAMOS LLC strongly recommends that you consult with my physician prior to commencing any sessions. By signing this document, you acknowledge that you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. By signing this document, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages Atamos LLC LLC, its instructors, members and employees. You hereby acknowledge that you, and any minor* under your care, fully release. * No one under 15 may participate. A minor aged 15-18 may participate with a parent present.
The content on the ATAMOS LLC website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ATAMOS LLC , subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ATAMOS LLC reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of ATAMOS LLC .
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
MOBILE SERVICES
The ATAMOS LLC Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase ATAMOS LLC via your mobile phone, (ii) the ability to receive and reply to ATAMOS LLC messages, (iii) the ability to browse ATAMOS LLC from your mobile phone and (iv) the ability to access certain ATAMOS LLC features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding ATAMOS LLC and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
TERMINATION
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by ATAMOS LLC .
ATAMOS LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
GOVERNING LAW
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, USA, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
ELIGIBILITY
Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using ATAMOS LLC Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.
TERM
These Terms of Service shall remain in full force and effect while you use the ATAMOS LLC Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. ATAMOS LLC may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
FEES
You acknowledge that ATAMOS LLC charges fees for its services, and ATAMOS LLC reserves the right to change its fees from time to time in its discretion. If ATAMOS LLC terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
PASSWORD
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify ATAMOS LLC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
ENTIRE AGREEMENT; NO WAIVER
These Terms of Service, together with our Privacy Policy, and any other legal notices published by ATAMOS LLC on the website, shall constitute the entire agreement between you and ATAMOS LLC concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ATAMOS LLC ’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ATAMOS LLC reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the ATAMOS LLC website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
ARBITRATION
YOU AND ATAMOS LLC AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
CONTACTING US
If you have any questions about these Terms of Service, the practices of ATAMOS LLC or its services, or your dealings with this site, please contact us at:
ATAMOS LLC
info@trainmoment.com
These Terms of Service have been updated and effective as of October 1, 2019.
TRAIN MOMENT PRIVACY POLICY
Your privacy is important to us. In summary…we honor your privacy and operate with integrity.
The Privacy Policy here explains our practices relating to collection, use and disclosure of information that you may provide to Atamos LLC (DBA Train Moment) including through this Site. Before you submit any personal information to Atamos LLC through this Site or otherwise, please thoroughly review this Privacy Policy, and contact us if you have any questions.
This policy explains how we use your data and how we protect your privacy when you use our website and contact us by phone and email, as well as explaining our use of CCTV. As our services develop we will continue to update and review this policy to comply with both the law and customer feedback.
Atamos LLC understands the importance of your privacy, and we want you to be as comfortable as possible visiting our site and using our services. This privacy policy governs the manner in which Atamos LLC collects, uses, maintains and discloses information collected from users of the www.trainmoment.com website. This privacy policy applies to the website and all products and services offered by Train Moment. We hope this will help you make an informed decision about sharing personal information with us. Please read this privacy policy before using the site or submitting any personal information. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.
WHAT IS PERSONAL DATA?
PERSONAL DATA IS DATA RELATED TO A LIVING INDIVIDUAL WHO CAN BE IDENTIFIED FROM THAT DATA. THIS CAN ALSO INCLUDE SPECIAL CATEGORIES OF PERSONAL DATA (PERSONAL DATA REVEALING RACIAL OR ETHNIC ORIGIN, POLITICAL OPINIONS, RELIGIOUS OR PHILOSOPHICAL BELIEFS, TRADE UNION MEMBERSHIP, AND GENETIC DATA, BIOMETRIC DATA, HEALTH DATA AND DATA CONCERNING A PERSON’S SEX LIFE OR SEXUAL ORIENTATION) AND PERSONAL DATA RELATING TO CRIMINAL CONVICTIONS AND OFFENSES.
OUR WEBSITE
We may collect personal identification information in a variety of ways, including, but not limited to, when users visit our site, register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our website. Users may be asked for, as appropriate:
Name
Email address
Mailing address
Telephone number
Credit card information
Users may, however, visit our site anonymously. We will collect personal identification information from users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, but this may prevent them from engaging in certain website related activities.
We may also collect non-personal identification information about users whenever they interact with our website. Non-personal identification information may include the browser name, the type of computer and technical information about users’ means of connection to our website, such as the operating system and the internet service providers utilized and other similar information.
Where we do collect your personal data, this information is required for us to validate who you are, to deal with your queries effectively and to ensure that we can monitor usage of our sites as you sign up for sessions.
If you book in to attend one of our sessions, we will also collect information relating to your health status and any physical impairments that might impact upon how you can use our services. This is to ensure that we take your health record into account and can enable you to consider whether it is safe for you to attend our sessions.
CONTACTING US BY TELEPHONE AND EMAIL
Contacting us by telephone
We do not record telephone conversations or calls that you make to us. During calls, we may however collect the following information:
Name
Contact details
Your Atamos LLC account email address
We process this information because it is necessary for the performance of our contract with you, and to enable us to deliver services to you which you have requested and/or resolve any queries that you might raise when you call.
Contacting us by email
Our email correspondence may be kept as a record of your contact with us, and to enable us to respond to any queries that you may have.
CCTV
CCTV is installed at some of our sites, to monitor building security and assist in crime prevention and detection.
We operate our CCTV in accordance with the guidance issued by the local data protection authority
in each country. Atamos LLC collects this data as part of its role as a service provider to you, and to ensure the health and safety of our staff and visitors to our sites.
We will not hold images for longer than necessary and will dispose of them securely.
HOW AND WHY WE USE YOUR INFORMATION
We collect and process personal information about visitors to our website, clients, customers and users of/visitors to our sites. We do this in order to deliver services to you, deliver merchandise to you when you make a purchase, process payments that you make to Atamos LLC and learn how to offer you a better product.
We may collect and use your personal information for the following purposes, all of which is for our legitimate interest of delivering services and products to you, and/or where it is necessary for the performance of our contract with you:
To improve customer service – Information you provide helps us respond to your customer service requests and support your needs more efficiently.
To personalize the user experience – We may use information in the aggregate to understand how our users as a group use the services and resources provided on our website.
To improve our website – We may use feedback you provide to improve our products and services.
To process payments – We may use the information you provide about yourself when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To run a promotion, contest, survey or other feature – To send users information which is relevant to services that they have purchased from us.
To send periodic emails – We may use the email address to send users information and updates pertaining to their order. It may also be used to respond to their enquiries, questions, and/or other requests. We may also send emails to users that may include company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information on our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
COOKIES
Our website may use “cookies” to enhance user experience. Users’ web browsers place cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the website may not function properly or optimally.
To find out more about cookies, you can visit: www.allaboutcookies.org.
WHO WE SHARE WITH?
Like virtually every company, we do use third party companies to provide some parts of our service, so when you are making payments for example, you will need to give your payment details to our payments provider. Rest assured the people we work with are trusted by millions and have excellent safeguards themselves.
We may also have to disclose your personal details if required by law.
If we do share your information with other organizations, we will have sharing protocols in place to ensure the organization’s compliance with local data protection laws.
We will not use your personal information for third party marketing purposes without your prior express consent.
We do not sell, trade, or rent users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information (i.e. in an anonymized form) regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Please note that the privacy practices set forth in this privacy policy are for this website only. If you navigate to other websites, please review the privacy policies posted at those sites.
HOW WE STORE INFORMATION?
We take our data protection responsibility very seriously and adopt and maintain high standards in respect of handling personal information. Your personal information will only be collected if it is necessary and proportionate to do so.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our website.
Sensitive and private data exchanged between our website and its users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
With regard to disposal of your information, we will not hold your information for longer than we need to and when we dispose of it we will destroy paper and electronic copies in a secure way.
YOUR RIGHTS
If you wish to see a copy of the personal data we hold about you then you can ask us at any time and we will respond within the time periods laid down in local data protection laws.
CHANGES TO THIS PRIVACY POLICY
Atamos LLC has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect.
CONTACTING US
If you have any questions about this Privacy Policy or the practices of Train Moment, please contact us at info@trainmoment.com.
This Privacy Policy has been updated and effective as of September 24th, 2019.
SCHEDULING & ARRIVAL POLICIES
WE IMPLEMENT BETTER THAN INDUSTRY STANDARD SCHEDULING POLICIES TO BEST SERVE ALL OF OUR CLIENTS WHILE PROTECTING THE LIVELIHOOD OF OUR COACHES & STAFF. THANK YOU FOR UNDERSTANDING AND MANAGING YOUR SCHEDULE ACCORDINGLY.
Late Cancel/Reschedule Policy: Any reservation cancelled (or rescheduled) with less than 8 hours to the session is a Late Cancel and will result in the loss of the credit used for the reservation. (ALL Unlimited Training Options - Unlimited Intro Offers, Level Up, etc. - are charged a location specific Late Cancel Fee in the place of credit loss.)
No Show Policy: If you do not attend your scheduled session and fail to cancel via your account you will lose the credit AND be assessed a location specific No-Show Fee.
First Session Arrival Policy: Please arrive 15 minutes before your first session. For your safety, you will not be allowed into the session if you are not inside of the training room (not just inside of the lobby!) by session start.
Standard Arrival Policy: Please arrive at least 3 minutes prior to session start. For your safety, you will not be allowed into the session if you arrive 5 minutes or more past the session start.