Terms and Conditions

This User Agreement ("Agreement") is a contract between you and DMT Web Ventures Inc and applies to your use of www.Turbotrack.me, 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. We last modified this Agreement April 11, 2019.

·         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.

      1.12 Turbo-STRAPP and TurboTrack.me is a live class platform + wearable device application for trainers and users . Both sites provide users with a robust IOS and ANDROID application that works with numerous wearable heart rate devices.  Our applications interacts with live professional trainers and users through a proprietary software.  Data provided from wearable devices are readings from an optical sensor and should not be relied on for any heart conditions or prevention.  Please consult your doctor or medical professional for appropriate diagnosis and remediation.  

·         1.2 Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.

·         1.3 Privacy of Others. If you receive Information about another TurboRoster, TurboTrack.me, 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, TurboTrack.me 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, TurboTrack.me 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 prior written consent. DMT Web Ventures 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 DMT Web Ventures 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  DMT Web Ventures as described in section 1.7 below. DMT Web Ventures reserves the right to close your Account if you withdraw your consent to receive electronic communications.

·         1.7 Notices to DMT Web Ventures. 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, 1562 First Avenue #205-2089, New York, NY 10028.

·         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 Fee  If you subscribe to the Service, you will pay a non-refundable and non-recoupable fee (“Subscription Fee”) for the Service. If you purchase a subscription, the Term shall commence at the time of purchase. 

You must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) for all payments under these Terms. By providing us with you credit card number and associated payment information, you agree that we are authorized to immediately invoice you for all fees and charges due and payable hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or account used for payment hereunder. If we are unable to process any payments under these Terms (including due to an invalid credit card account or any rejected charges), we will have the right, without limiting our other rights and remedies, to cancel or suspend your access to the Service (including access to content) until such amounts are paid in full. We may notify you before canceling or suspending access to the Service, but we have no obligation to do so. 

There are no refunds of Subscription Fees for subscription cancelations, including if you terminate your access to the Service prior to the end of the Term. To change, update, upgrade, or cancel your subscription to our mobile application, you must email help@turbotrack.me. Subscription cancellations must be made any time before the next billing cycle to avoid automatic payment of the next billing cycle.

·              1.11 No Warranties This site and its content / information is provided “as is”with no representations or warranties of any kind, either expressed or implied. DMT Web Ventures 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 DMT Web Ventures sites at his/her own risk. DMT Web Ventures is not responsible for the content of any sites that may be linked to this site. DMT Web Ventures 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 DMT Web Ventures 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.

·                1.13 Operations DMT Web Ventures has the right to suspend, remove, or delete any feature or function on any of our sites

·                     1.14 Misc    DMT Web Ventures 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 the application.  

 

       1.15 Turbo-STRAPP APP USERS   DMT Web Ventures 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, Zoom and others), that information will be shared with that location for various leaderboards, in location gamification, Live Video streaming and workout data.  DMT Web Ventures 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 TurboTRACK.me 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.  DMT Web Ventures takes no responsibility for default goals, readings, or other statistics the device produces.

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

DMT Web Ventures 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 TurboTrack.me APP & TRAINERS PORTAL Users that OPT into the paid subscriptions by signing up are accepting and agreeing to sharing data with others.  DMT Web Ventures does not screen nor check user fitness credentials, so please consult with a medical professional before signing up.  DMT Web Ventures is not responsible for any suggestions that trainers or other fitness professionals suggest, recommend, or provide within the portal or application.  The application is a platform that uses 3rd party devices to aggregate data and visually display that information within our application, live stream video classes, and access data on demand.  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.

 

1.2 This agreement does not authorize you to make a use of the Service or the content that is designed to generate revenue, nor does it authorize you to distribute or redistribute any portion of the Service, including content. Your subscription to the Service does not authorize you to broadcast, using now known or later developed, whether by open or closed system, any of the content on the Services. 

1.3  Physical Activity
The Service may include programs, features, or classes that promote or include physical activity. Consult with a medical professional before engaging in any physical activity. We are not responsible or liable for any injuries or any damages sustained that result from your use of, or inability to use, the Service.

1.4 Waiver Agreement
The below waiver of Liability, Release, Acknowledgement of Risk, and Indemnification Agreement (“Waiver Agreement”) is intended to be, and is, legally binding. 

If any aspect of this Waiver Agreement requires clarification, please have TurboTrack.me fully explain it before using the Services. You and/or the person on whose behalf you are signing, are waiving the right to bring any type of action, whether in court or otherwise, to recover compensation or obtain any other remedy for any personal injuries, damages to property, any accident or incident of any type, or death, arising out of or related to your use of our Services, including but not limited to, TurboTrack.me classes. In agreeing to this Waiver Agreement, I hereby acknowledge, understand, and agree on my behalf, and upon behalf of the person for whom I am signing, that the use of the Services and TurboTrack.me, its classes and/or participating in activities sponsored by TurboTrack.me have inherent risks. 

In consideration of being allowed to participate in the Services, activities, and classes and programs of TURBOTRACK.ME, I, for myself, my heirs and assigns, hereby waive, release, and forever discharge TURBOTRACK.ME, and their officers, agents, employees, representatives, executors and all others from any and all, responsibilities or liability from injuries or damages resulting from my participation in the above-mentioned activities. I do hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to myself, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my use of the Services. 

I understand and I am aware that fitness is a potentially hazardous activity. I also understand that fitness activities involve a risk of injury or even death, and that I am voluntarily participating in these activities with knowledge of the dangers involved. I hereby to expressly assume and accept any and all risks of injury or death.

I do hereby declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation except as herein stated. I acknowledge that I have either had a physical examination and been given my physician’s permission to participate, or that I have decided to participate, in the activity of fitness without the approval of my physician and do hereby assume all responsibility for my participation and activities. 

1.5 Communications
By creating an Account on the Service, you agree to subscribe to newsletters, marketing, promotional materials, and other information we may send. However, you may opt out of receiving any of these communications from us by following the unsubscribe link or instructions provided in any email we may send.

1.51 Notification Procedures 
We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, or through conspicuous posting of such notice on our Service, as determined by us in our sole discretion. We have the right to determine the form and means of providing notifications to our users.

1.52 Accounts
To use the Services and post Content on the Service, you will be required to create an account with us. You agree to provide accurate and current information about yourself in all registration forms on the Service. The Service is intended for users and members who are at least eighteen (18) years of age. It is a violation of these Terms if anyone under the age of 18 registers for the Service. You represent and warrant that you are 18 years of age or older. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. 

You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately when you become aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use, as a username, any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.


1.53 Registration 
Certain features or portions of the Service may be restricted to users that have registered with us (“Restricted Areas”) and have received a user name and password through which they are authorized to access these Restricted Areas. You agree not to access Restricted Areas except using your own user name and password, and you agree not to share your user name and password with anyone else. If, despite your agreement not to do so, you share your user name and password with another person or if another person accesses the Service using your user name and password without your permission, you agree to take full responsibility for the statements and actions of that other person, and for any damages caused by, resulting from, or accruing in connection with that other person’s use of the Service. You agree to notify us immediately, by email hlep@turbotrack.me (subject line: “UNAUTHORIZED REGISTRATION ISSUE”), if you become aware of any unauthorized use of your password or username, or any other breach of security, so that we may terminate access to the Service through such account. Whenever we ask you for personal information in a registration form or elsewhere on the Service, you agree to provide truthful, accurate, current, and complete information, and to update this information anytime it changes.

Termination
We may terminate this Agreement and your access to the Service by written notice if you fail to pay within no more than two (2) days after written notice of nonpayment (email shall suffice) any amounts owed to us. We may terminate your access to the Service, including your use of any content, at any time for any breach of these Terms by providing notification of our decision to the email address that you most recently provided to us or by notifying you by another method. If we purposefully delete your account and/or terminate these Terms, you may not use or re-purchase the Service. We have the right to block your email address and Internet protocol address to prevent further use or registration.

All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Prohibited Activities 
In exchange for your access to the Service, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Service or that could cause injury to yourself, to us, or to any third party. Without limitation, you agree not to attempt to:
1. modify, enhance, or otherwise alter in any way any portion of the Service or its underlying technology, including by disabling or modifying any portion of the Service in a manner;
2. modify, enhance, edit or otherwise alter in any way any portion of the content streamed via (or contained on) the Service except as otherwise permitted; use technology or other means to access the Service that is not authorized by us, including accessing the Service through any automated system, including “robots,” “spiders,” or “offline readers” (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Service);
3. introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4. damage, disable, overburden, impair, or gain unauthorized access to the Service or our servers, computer network, or user accounts;
5. collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us; falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information; use our servers, networks, or other facilities for any purpose not explicitly authorized by us, including for the transmission of messages not authorized by us, or to interfere with or cause damage to the Service or any other service operated by us or any other party; or take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party;
6. act in a deceptive manner by, among other things, impersonating any person; misrepresent your affiliation with a person or entity, conduct fraud, hide or attempting to hide your identity;
7. harm or exploit minors; use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user;
8. distribute “spam”;
9. advertise or solicit others to purchase any product or service within the Service or otherwise use the Service for any commercial solicitation purposes;
10. bypass the measures we may use to prevent or restrict access to the Service; or
11. for testing or benchmarking purposes.

Availability, Errors, and Inaccuracies
We are constantly updating products and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. Therefore, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

1.54 Contests, Sweepstakes, and Promotions
Any contests, sweepstakes, or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

1.55 Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

DMT Web Ventures has the right, but not the obligation, to monitor and edit all Content provided by users.

You may use the Content only for your own non-commercial use to participate in the Service. You agree not to change or delete any ownership notices from materials downloaded or printed from the Service. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Service, including any content generated by members or users, without our prior written consent. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.

1.56 User or Member Interaction
We are not responsible or liable for any loss or damage resulting from any interaction with other users of the Service, persons you meet through the Service, or persons who find you because of information posted on, by, or through the Service. You agree to take reasonable precautions in all interactions with other users or members of the Service. You are solely responsible for your interactions with other users or members. 

1.57 Security 
We have implemented what we believe are the appropriate technical measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge and agree that you provide your personal information at your own risk. 

1.58 Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of DMT WEB VENTRURES  and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TURBOTRACK.UE LLC. You have the right to view, electronically copy, and print in hard copy portions of our website and application for the sole purpose of making purchases, or other personal use.

Links to Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by TURBOTRACK.UE LLC. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities, individuals, or their websites.

You acknowledge and agree that TURBOTRACK.UE LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification
You agree to defend, indemnify, and hold harmless DMT Web Ventures sites and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney's fees, resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) Content posted on the Service.



2.0 Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. TURBOTRACK.UE LLC its subsidiaries, affiliates, and its licensors do not warrant that (i) the Service will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Non-Waiver of Rights 
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have had regarding the Service.

Assignment
You may not assign your rights under these Terms to any third party; we may assign our rights under these Terms without condition. 

Entire Agreement 
These Terms constitutes the entire agreement between you and us regarding the use of these Service and supersedes any prior or DMT Web Ventures understandings and agreements between you and us related to the subject matter hereof. 

Severability 
The parties agree that each provision of these Terms shall be construed as separable and divisible from every other provision and that the enforceability of any one provision shall not limit the enforceability, in whole or in part, of any other provision hereof.

Internet Access Charges
You are responsible for any costs you incur to access the internet. 

Feedback 
You further agree that we are free to use for any purpose whatsoever ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback or content posted in response to, as a supplement to, or in association with any other content available on or in connection with the Services (“Feedback”), whether oral, written or video/multimedia, that you may send to us or our affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that we have no duty to you, with respect to such Feedback.

Contact Us
If you have any questions about these Terms, please contact us at: info@TurboTrack.me.