Terms & Conditions

Basic Terms of Use
Welcome to www.communitri.com and the communitri mobile application. By using this website and mobile application ("Site") you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and Energize Technologies, LLC, provider of the Site. The terms "Provider" or "us" or "we" refer to the owner of the Site, at https://www.communitri.com, whose office is P.O. Box 5261, Basking Ridge, New Jersey 07920. The term "you" refers to the user or viewer of our Site.  Please be aware that these Terms of Use may be updated from time to time without notice to you and can be accessed any time at https://www.communitri.com
The use of the Site is subject to the following terms of use:
Prior to using the CommuniTri Site, it is important for you to know and understand that by visiting the Site and/or using any Services, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the CommuniTri Site is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Site, any Services accessed through the Site or your use of either.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR SERVICE.
The content of the pages of the Site and information available on the Site is for your general information and use only. It is subject to change without notice.

As with any new exercise or conditioning program you start, you should ALWAYS consult with your physician first. If at anytime you feel that your health is at risk, stop immediately and seek the advice of your physician. If you have any special health conditions you should check with your physician before making any changes to your diet and exercise plan.

AGE REQUIREMENT: You must be at least 18 years old to use the CommuniTri Site.

NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child's use of the CommuniTri Site. If your child is using the CommuniTri Site without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the Site, please contact us at info@communitri.com

The purpose of the Provider Site is to provide a platform for athletes, specifically those training for a triathlon or those who have completed a triathlon to consult with each other about training. Provider Site does not provide instruction or advice to its Users but merely gives its Users access to other Users for this purpose.

 

Coaching Service.This Site provides, for an additional fee, access to a “Coaching Consultation” service. Coaches have completed an application and have been screened by Provider Site for accuracy in certifications earned by Coaches. Coaches are neither employees nor agents of Provider Service. The fact that Provider has screened the Coach is not an endorsement of nor an affiliation with the Coach. Provider Site makes no guarantee as to the quality of advice or instruction provided by the Coach to the User and disclaims all liability in the event that User is injured or otherwise suffers damage as a result. Please seek the advice of a physician, or other professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content. If you would like to hire a Coach, please click here. (link) I think the linked page should contain the service and payment terms for the coach service. If you are interested in qualifying as a Coach, please click here. (link) This linked page should contain your agreement between you and the Coach.

Your use of any advice, information, instruction, tips, advice, suggested regimens, nutrition plans, etc. accessed on the Provider Site is entirely at your own risk, for which Provider Site will not be liable. All such information and advice appearing on Provider Site is the advice of a third-party User for which Provider Site is not responsible. There are inherent risks in relying upon, following or adopting any advice or techniques found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using or incorporating same.

All “User” uploaded remarks, information, advice are provided by third parties and/or Coaches and as such are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site by any party other than Provider, (b) the capabilities or reliability of any service provided by a Coach. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site, or your reliance on any product or service obtained from a third party. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked Site.

 

User provided material. Users may upload their own photographs and/or videos providing that User does not upload to, transmit through, or display on Provider Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); You further agree not to engage in spamming; transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items; modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites; and remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites; display adult nudity or inappropriate child nudity; upload photographs and/or videos of people who have not given permission for their photographs to be uploaded. User agrees to fully indemnify Provider Site for any misuse or abuse of this provision.

Provider Site has the absolute right to remove any photograph and/or video which it deems inappropriate, objectionable or is contrary to the preceding provision.

YOU AGREE THAT YOU WILL NOT USE THIS SITE OR THIS SERVICE TO ENGAGE IN ANY ACTIVITIES WHICH MAY BE CONSIDERED ILLEGAL BY EITHER THE FEDERAL GOVERNMENT, STATE OF NEW JERSEY AND LOCAL MUNICIPALITIES. YOU AGREE NOT TO USE THIS SERVICE TO BULLY, HARASS OR INTIMIDATE ANY OF THE OTHER USERS. YOU FURTHER AGREE TO FULLY INDEMNIFY PROVIDER FOR ANY MISUSE OR ABUSE OF THIS SITE OR SERVICE

Additionally, by accessing and using our Site you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following (link).

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense.

The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time.

You agree that Provider, Its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a lined Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site.

It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.

Termination: You agree that CommuniTri, in its sole discretion and for any or no reason may terminate any account (or any part thereof) you may have with CommuniTri or use of the Site and remove and discard all or any part of your account or any content uploaded by you, at any time. CommuniTri may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that CommuniTri will not be liable to you or any third party for any such termination. You may terminate your account and your right to use the Site at any time for any reason or no reason by contacting CommuniTri user support at info@communitri.com

Disclaimers: No Warranties. Information, training, advice, activities and other services accessed via the Site are offered and provided to you by third parties, not CommuniTri. You agree that your use of and reliance upon any such information, training, advice, activities is solely at your own risk, in no event shall CommuniTri be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise which arises out of or is any way connected with a user’s use of and/or reliance upon any such information, training, advice accessed through the Site. In addition, all Users specifically understand and agree that any third party directing users to the Site by a referral, link or any other means is not liable to the User for any reason whatsoever, including but not limited to damages or loss associated with use of the services, the Site or any content on the Site. CommuniTri is neither an agent of nor is connected with any other User on the Site. Without limiting anything herein, CommuniTri disclaims all warranties, whether statutory, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, related to any information, training or advice offered via the Site.

Your use of the Provider Site and any dispute arising out of such use of the Site is subject to the laws of the State of New Jersey, United States of America and applicable federal law without regard to conflicts of laws principles. You agree to resolve any legal disputes in the Courts of the State of New Jersey.

Entire Agreement: This is the entire Agreement between you and CommuniTri relating to the subject matter herein and will not be modified except in writing, signed by both parties or by a Change in the Terms made by CommuniTri as set forth in the preamble to these Terms.