Aratrain Terms of Service

Last Modified: January 21, 2022

These Terms of Service (“TOS”) represent a legally binding agreement between you and Aratrain, LLC (“Company,” “our,” “us,” or “we”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, “TOS” or “Agreement”), govern your access to and use of: aratrain.com, including any content, functionality, and services offered on or through aratrain.com (the “Website”), as well as our mobile, tablet, and other smart device applications, and application program interfaces (the “App”), and any other services that include a link to and/or a copy of these TOS on the homepage of the applicable website or similar location (e.g., a settings page) for any applicable mobile applications (collectively, “Aratrain”).

Please read the TOS carefully before you begin to use Aratrain. By creating an account (“Account”) or otherwise using Aratrain, you expressly agree to be bound by these TOS. The TOS incorporates the provisions of our Privacy Policy (https://aratrain.com/terms-of-service-privacy-policy), so please review them carefully as well. If you do not agree to be bound by the TOS or the Privacy Policy, you may not use or access Aratrain.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in Aratrain in any manner, and each of your heirs, assigns, and successors.

1.     Eligibility and User Representations and Warranties

To use Aratrain you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and competent to agree to these TOS. If the Company has previously prohibited you from accessing or using Aratrain, you are not permitted to access or use Aratrain.

Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

You further represent and warrant that you have read, understand, and agree to be bound by these TOS and the Privacy Policy in order to access and use Aratrain.

You further represent and warrant that you will not register under different usernames or identities after your Account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number.

2.     Your Account Information

Aratrain provides a personalized mental and physical training experience. When you create an Account, we require you to provide information about yourself, including your email address and a password (“Account Information”). You agree to provide accurate, current, and complete information during the Account registration process, and to update information to keep it accurate, current, and complete. We may allow you to register for an Account using third-party account and log-in credentials, such as Facebook and Google. You are solely responsible for safeguarding your Account Information or any log-in credentials for any third-party account. You are solely responsible for all activity that occurs on your Account, and you will notify us immediately of any unauthorized use. The Company will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or Account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by the Company or a third party due to someone else using your Account.

3.     Intellectual Property

Aratrain and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The TOS permit you to use Aratrain for your personal, non-commercial use only. Without our prior written consent, you may not download, copy or store any content from Aratrain in any form outside of Aratrain. You may not modify, publish, transmit, reproduce, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, publicly display, publicly perform, or republish any content from Aratrain. You agree that all data and algorithms in our flash files and associated servers are “trade secrets” as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in relation to Aratrain. All intellectual property rights in relation to Aratrain are, as between you and the Company, the sole and exclusive property of the Company.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Aratrain in breach of the TOS, your right to use Aratrain will stop immediately and you must, at our direction, return or destroy any copies of the materials you have made. No right, title, or interest in or to Aratrain or any content on Aratrain is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of Aratrain not expressly permitted by these TOS is a breach of these TOS and may violate copyright, trademark, and other laws.

The Company name, the terms Aratrain, aratrain.com, the Company logo, and all related names, logos, products and service names, designs, and slogans are trademarks of the Company. You may not use such marks without the prior written permission of the Company.

4.     User Content and Feedback

(a)            User Content. Some Aratrain features either now or in the future may allow you to post, transmit, or submit content and materials to, through, or on Aratrain (collectively, “Your Content”). You own any intellectual property rights to Your Content but you grant the Company a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, disassemble, and publish Your Content for purposes of enabling us to offer Aratrain or the features you have elected to use. Your Content may or may not be viewable by other users.

You acknowledge and agree that Your Content is your sole responsibility, and that once published, we cannot always control who can access and copy it. You further agree that you have all required rights to post, transmit, or submit Your Content to, through, or on Aratrain without violation of any third-party rights. You understand that the Company does not control, and is not responsible for, Your Content, and that by using Aratrain, you may be exposed to content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Content from other users may contain typographical errors, other inadvertent errors, or inaccuracies. You will indemnify, defend, and hold harmless the Company for all claims resulting from Your Content. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

All information that we collect on Aratrain is governed by our Privacy Policy (https://aratrain.com/terms-of-service-privacy-policy). By using Aratrain, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

(b)           Monitoring and Enforcement. You acknowledge and agree that the Company and its designees may or may not, at the Company’s sole discretion, pre-screen Your Content before its appearance on Aratrain, but that the Company has no obligation to do so. You further acknowledge and agree that the Company reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any of Your Content that is contributed to Aratrain. Without limiting the foregoing, the Company and its designees shall have the right to remove any of Your Content that violates these TOS or is otherwise objectionable in the Company’s sole discretion. You acknowledge and agree that the Company does not verify, adopt, ratify, or sanction Your Content, and you agree that you must evaluate and bear all risks associated with your use of any content from other users or your reliance on the accuracy, completeness, or usefulness of that content.

We reserve the right to: (i) remove or refuse to post Your Content for any reason in our sole discretion; (ii) take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the TOS, including the Content Standards (as described below), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Aratrain or the public, or could create liability for the Company; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Aratrain; (v) terminate or suspend your access to all or part of Aratrain for any or no reason, including without limitation, any violation of these TOS.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on Aratrain and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

(c)            Content Standards. These content standards (“Content Standards”) apply to all user content, including Your Content. Your Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Your Content must not:

·      Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

·      Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

·      Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

·      Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these TOS and our Privacy Policy (https://aratrain.com/terms-of-service-privacy-policy).

·      Be likely to deceive any person.

·      Promote any illegal activity, or advocate, promote, or assist any unlawful act.

·      Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

·      Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

·      Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

·      Give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.

(d)           Feedback. We appreciate when you provide us feedback, comments, questions, or suggestions concerning the Company, Aratrain, or our services (collectively, “Feedback”). By sending us any Feedback, you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against the Company and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or Aratrain.

5.     Your License to Use Aratrain

We are providing you with access to Aratrain pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. You can use Aratrain for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from Aratrain by applicable law and your Account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use Aratrain. The Company reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

6.     Canceling Your Account

While we hope you enjoy using Aratrain, you may cancel your account at any time by contacting our Customer Support team at braintrain@aratrain.com. For information about the availability of refunds, please review Section 14 for our Payment Policy.

7.     Restrictions and Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these TOS.  You agree that you shall not:

·      Use Aratrain in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

·      Use Aratrain for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

·      Use Aratrain to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these TOS;

·      Use Aratrain to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

·      Impersonate or attempt to impersonate the Company, a Company employee, another Aratrain user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

·      Use or distribute Aratrain for your own scientific or clinical research purposes, or for commercial purposes;

·      Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;

·      Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these TOS), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through Aratrain, by any means except as provided for in these TOS;

·      Violate or attempt to violate Aratrain’s security features, including logging into a server that you are not authorized to access, violating the restrictions in any robot exclusion headers, or probing the vulnerability of Aratrain systems and networks;

·      Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);

·      Redistribute, decompile, reverse engineer, publish, or copy Aratrain, including cracking its flash (.SWF) files;

·      Use Aratrain for the purpose of creating a product with a substantially similar look, feel or design;

·      Access or search Aratrain by any means other than our publicly supported interfaces (for example, scraping, in-line linking, framing, or using any robot, spider, web crawler, or any other method of access other than manually accessing the publicly-available portions of Aratrain or accessing Aratrain through any API approved by Aratrain);

·      Interfere with others’ use and enjoyment of Aratrain;

·      Post or do anything that could disable, overburden, or impair the proper working of Aratrain;

·      Solicit personal or sensitive information from other users including, without limitation,address, credit card or financial account information, or passwords;

·      Use Aratrain or any trademarks, game names, trade names, service marks, copyrights, or logos of the Company, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;

·      Violate any third party’s rights, including intellectual property or privacy rights;

·      Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Engaging in prohibited uses is grounds for immediate termination of your Account, and may also subject you to civil or criminal penalties.

8.     Disclaimers

YOU AGREE THAT USE OF ARATRAIN IS AT YOUR OWN SOLE RISK AND THAT ARATRAIN IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ARATRAIN, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.

If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.

The information presented on or through Aratrain is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of Aratrain, or by anyone who may be informed of any of its contents.

THE COMPANY STRIVES TO MAINTAIN ARATRAIN ON A COMMERCIALLY REASONABLE BASIS AND CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO ARATRAIN AT ALL TIMES.

ARATRAIN IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF SEEKING, AND ARATRAIN IS NOT PROVIDING, MEDICAL TREATMENT OR ADVICE.

9.     Limitation of Liability

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO ARATRAIN FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO THE COMPANY IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF ARATRAIN; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct, or death or bodily injury caused by products you purchase through the site.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. YOU UNDERSTAND THAT ARATRAIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you. If you are a New Jersey resident, then the limitations herein specifically do apply to you.

10.  DMCA Contact

We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on Aratrain, you may contact our designated agent by email to braintrain@aratrain.com or at the following address:

Aratrain LLC

ATTN: DMCA Complaint

3705 W Pico Blvd #1665

Los Angeles, CA 90019

You must include the following information in your complaint:

·      a description of the copyrighted work or other intellectual property that you claim has been infringed;

·      a description of the material that you claim is infringing and where it is located on Aratrain;

·      your mailing address, telephone number, and if available, email address;

·      a statement by you that you have a good faith belief that the use of the material on Aratrain is not authorized by the copyright owner, its agent, or the law;

·      a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and

·      an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

Please note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

11.  Indemnity

You will indemnify and hold harmless the Company, its affiliates, officers and/or employees (and all successors and assigns of any of the foregoing), including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Your Content, your violation of any applicable law, or the violation of the TOS by you.

12.  Third-Party Links and Services

Through Aratrain, you may be able to obtain (1) information and content provided by third parties; and (2) links to third-party websites or resources. Aratrain is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. These materials do not necessarily reflect the opinion of the Company. You further acknowledge and agree that the Company 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 linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

13.  Modification and Termination

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, Aratrain (or any part thereof), with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of Aratrain.

These TOS are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of Aratrain at any time for any or no reason at all, with or without notice to you. If we terminate your right to access Aratrain, these TOS will terminate and all rights you have to access Aratrain will immediately terminate; however, certain provisions of these TOS will still apply post termination. Termination of your Account may also include, at the Company’s sole discretion, the deletion of your Account and/or Your Content.

14.  Payment Policy

You may access parts of Aratrain for free, and other services and products require payment of subscription fees. This Section 14 (collectively, the “Payment Policy”) is incorporated into the TOS, and applies to users who have purchased a Aratrain subscription plan to access Aratrain online or through a mobile application, and to individuals whose payment details have been used to purchase the Aratrain services.

(a)            Overview of Subscription Plans and Payments. We offer different types of plans, and the pricing terms applicable to your Account may vary depending on promotions, the type of device you are using, the type of subscription and the term that you select at the time of purchase (e.g., monthly, yearly, etc.). In addition, some of our subscription plans renew automatically, as described in greater detail below. If you have questions regarding your plan following your purchase, please refer to your Account page and the confirmation email sent to the email address associated with your Account after your purchase.

Our subscription plans are billed in one payment for the applicable term selected at your time of purchase. Please note that we may use a third-party payment processor to facilitate your payments. Applicable taxes, regulatory surcharges, and assessments, if any, may be added to your charges.

(b)           Refund Policy. Aratrain subscriptions, except for the monthly subscription plan, offer a 30-day, 100% money back guarantee. You may receive a refund by contacting our Customer Service team within 30 days of your purchase. After such 30-day period, we will not provide a refund. We do not prorate refunds or offer partial refunds, and we do not offer refunds for monthly subscriptions.

Please note that if you purchase a subscription using Apple iPay or our iPhone or iPad applications, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which may not provide for refunds. Please contact Apple Support for assistance.

Other than stated above, you hereby acknowledge and agree that the Company will not offer refunds on any fees and charges related to your purchase of Aratrain. This includes bank overdraft fees or any partially used or unused periods for which you have already paid. For subscription-based enrollments, except as stated above, upon cancellation of your subscription, you will not be issued a refund for the most recently (or any previously) charged fees.

(c)            Renewals. By subscribing to Aratrain Premium, you are signing up for an auto-renewing subscription requiring recurring payments, and you expressly authorize the Company to automatically charge the applicable recurring fee and any applicable taxes to your payment method unless and until you cancel.

Web subscriptions, Aratrain subscriptions made online on our Website, except gifts, renew automatically using the payment details on file for your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee and any applicable taxes. The date that your subscription will automatically renew is provided on your Account page and in the payment confirmation email sent after your initial purchase. You may cancel automatic renewal at any time before that date through your Account page or by contacting our Customer Service braintrain@arartrain.com. This will stop future subscription charges from accruing to your account. For annual and two-year subscriptions (not purchased using Apple iPay or our iPhone or iPad applications), we will refund renewal payments if you contact our Customer Service team at braintrain@arartrain.com within 30 days after each renewal occurs. We do not offer refunds for renewal payments for monthly subscriptions.

If you signed up with a promotion, your renewal rate may be higher than your initial rate. Please refer to your Account page or the confirmation email sent after your initial purchase to review details about the renewal amount and the date of the next renewal.

(d)           Tax Responsibility. Depending on your determined jurisdiction, payments required may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes (“VAT”), goods and services taxes (“GST”), excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on Aratrain’s net income (collectively, “Taxes”). Customer shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of Aratrain. Charges are inclusive of applicable Taxes where required by law. Aratrain’s and your obligations under this section shall survive the termination or expiration of these Terms.

(e)            Apple iPay Subscriptions. Aratrain subscriptions made through the Apple App Store will be charged through your iPay account and renew automatically through your iPay account. You acknowledge and agree that we are authorized to charge you through your iPay account for the renewal and you will be charged for the regular price of your subscription within 24 hours prior to the end of the current term. You can turn off automatic renewal in your iPay account settings, but you must do so at least 24 hours before the end of the current term to avoid renewing. Refunds will not be provided for the unused portion of any term.

(f)            Pricing Change Policy. Our prices and features may change in the future. If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change your subscription, before applying those changes to your account or charging your payment details in connection with an automatic renewal. We may not always notify you of changes to any applicable taxes. If we notify you in advance of at least fifteen (15) days, your continued use of Aratrain after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.

(g)           Payment Information. By providing payment information to us, you agree that the payment information is valid and (1) in your name or (2) in the name of an individual who has authorized you to use their payment information for your subscription purchase.

If you provide someone else’s payment information, you agree that we may refund payment to that person if they so request and if the account is eligible for a refund under this Payment Policy. This may cause interruption to or termination of your Aratrain service.

(h)           Credit Card Billing. Credit card payments are processed by our third-party payment processor. If you have selected a subscription-based plan to be paid by credit card, we will automatically charge your credit card for the cost of the plan and any applicable taxes at the interval selected. If any fee is not paid in a timely manner, or we are unable to process your transaction using the credit card information provided, we reserve the right to terminate your Account or suspend or terminate your access to the plan. If you do not bring your balance current within thirty (30) days after we provide you with notification that your account is in arrears, we reserve the right to suspend, disable, cancel, or terminate your access to Aratrain Premium or convert your Aratrain Premium subscription to a non-subscription account. You will be responsible for paying all past due amounts. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the services. If you would prefer to opt out from this service, please contact our Customer Service team. If you would like to use a different payment method or if there is a change in payment method, please visit your Account page to update your billing information. We will advise you by email if we use a new payment method.

(i)             Lifetime Subscription Plans. An Aratrain “lifetime” subscription plan, if offered, allows you to access the Aratrain services available at the time of your purchase for as long as those services are available. You may not assign lifetime subscription plans to any other person. The Company makes no warranties or representations as to the expected lifetime of the Aratrain services, and in purchasing a lifetime plan, you acknowledge and agree that the Aratrain services could change or terminate in the future.

(j)             Agreement to Receive Electronic Communications. By subscribing to Aratrain, you consent to receive notifications from the Company electronically to the email address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your email address information current.

15.  General

(a)            Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.

(b)           Governing Law, Jurisdiction and Venue. All matters relating to Aratrain and the TOS, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Exclusive jurisdiction and venue for any action arising under, or related to, these TOS or Aratrain, shall be in the federal and state courts located in Los Angeles, County, California, but Company shall retain the right to assert any such action against in your place of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

(c)            Arbitration. Notwithstanding any term in this TOS to the contrary, Company, at it’s sole discretion, shall retain the right to require you to submit any disputes arising from these TOS or use of Aratrain including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

(d)           Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TOS OR ARATRAIN MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

(e)            Geographic Restrictions. The owner of Aratrain is based in the State of California in the United States. We provide Aratrain for use only by persons located in the United States. We make no claims that Aratrain or any of its content is accessible or appropriate outside of the United States. Access to Aratrain may not be legal by certain persons or in certain countries. If you access Aratrain from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

(f)            Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on Aratrain or by posting an updated TOS on Aratrain at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of Aratrain following the effective date means that you agree with, and consent to be bound by, the updated TOS.

(g)           Entire Agreement. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by the Company on Aratrain, the TOS shall govern, unless otherwise indicated.

(h)           Survival. Sections 2-15 shall survive any termination of the TOS.