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. In addition, if the revised version includes a Substantial Change, we will provide you with prior notice of Substantial Change by posting notice on our website. We last modified this Agreement July 7, 2018.
· 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 is a wearable platform and and service delivery tool through a training portal . Turbo-STRAPP provides users with a robust IOS and ANDROID application that works with wearable heart rate devices. Each device that integrates with the Turbo-STRAPP platform has their own measurements of accuracy. DMT Web Ventures does not perform tests or case studies to ensure the accuracy of the sensors. Our applications may interacts with trainers portal upon user consent only. Data provided from wearable devices are readings from an optical sensor and should not be relied on for any heart conditions or prevention. Please consult your doctor for appropriate diagnosis and remediation. Turbo-STRAPP has game like features and allows users to compete at those locations through a 3rd party API.
Trainers have access to a custom portal that will enable professionals to invite clients and view their workouts from Turbo-STRAPP application. Please use with the utmost respect of the user you are connected with through our consent process.
· 1.3 Privacy of Others. If you receive Information about another TurboRoster or Turbo-STRAPP User through the Service, you must keep the Information confidential and only use it in connection with the Service. You may not disclose or distribute a TurboRoster or Turbo-STRAPP Users Information to a third party or use the Information for marketing purposes unless you receive the Users express consent to do so.
· 1.4 Intellectual Property. TurboRoster.com, Turbo-STRAPP, DMT Web Ventures, Inc, and all related logos, products and services described in our website are either trademarks or registered trademarks of TurboRoster. You may not copy, imitate or use them without TurboRoster prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of TurboRoster. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by TurboRoster through our merchant services, league management tools features or affiliate programs without prior written consent for the purpose of directing web traffic to the Service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to TurboRoster.
· 1.5 Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without TurboRoster prior written consent. TurboRoster reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
· 1.6 Notices to You. You agree that TurboRoster may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or email to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting TurboRoster as described in section 1.7 below. TurboRoster reserves the right to close your Account if you withdraw your consent to receive electronic communications.
· 1.7 Notices to TurboRoster. Except when there is an error or unauthorized transaction (Disputes with TurboRoster), notice to TurboRoster must be sent by postal mail to: DMT Web Ventures, Inc., Attention: Legal Department, 365 Route 111 Suite A16, Smithtown, NY 11787.
· 1.8 Transaction History. You may access your transaction by contacting customer service.
· 1.9 Regulation E Disclosures. Our commitments to you in this Agreement related to liability for unauthorized transactions, stop-payment rights and procedures, error resolution rights and procedures, Fees, contact information, our Business Days, limitations we may impose on transfers, and your rights to statements of your transaction history, constitute disclosures under the Electronic Fund Transfer Act and Federal Reserve Board Regulation E, 12 C.F.R.§ 205.1 et seq
· 1.10 TurboRoster fee Our service fee is not a flat rate and can fluctuate in relation to organization dues.
· 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. TurboRoster makes no guarantee that the functions of the site, material, and information will be error free and uninterrupted, that defects will corrected, or site will be free of any viruses or harmful components. The user will join and utilize TurboRoster at his/her own risk. TurboRoster is not responsible for the content of any sites that may be linked to this site. TurboRoster attempts to ensure quality in design, integrity and accurateness of the site, however it will make no guarantees under any form to quality in design, integrity and accurateness of the site.
· 1.12 Limitation of Liability TurboRoster and its affiliates and sponsors, are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Site, Site-related services and/or content, or information contained within the Site. Your sole remedy for dissatisfaction with the Site and/or Site-related services is to stop using the Site and/or those services.
· 1.13 Operations TurboRoster has the right to suspend, remove, or delete any feature or function on our site
· 1.14 Misc TurboRoster 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 TurboRoster and Turbo-STRAPP users agree that 3rd parties applications are used in both platforms. Users agree that when a "check-in" or "add locations" occurs through a 3rd party API (FourSquare), that information will be shared with that location for various leaderboards, in location gamification, and workout data. TurboRoster / Turbo-STRAPP provides options to users not to check in, in which, data will not be shared. Users also agree to the following regarding the Turbo-STRAPP device.
1.16 Turbo-STRAPP APP This is not a medical device and is intended for recreational use only. No claims are implied or made in the results of the use of the equipment. Readings are for reference only and this device should be used with care and in conjunction with your exercise experience. TurboRoster takes no responsibility for default goals, readings, or other statistics the device 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
TurboRoster shall not be liable for any incidental or consequential damages resulting from the performance or use of this product. In the interest of continued product improvement, this company reserves the right to revise the manual or include changes in the specifications of the product described within it at any time without notice and without obligation to notify any person of such revision or changes. The information contained in this brochure is provided for general use by the customers. Do not attempt to remove the sensor from the actual device. This can cause damage that may render the Turbo-STRAPP unit inoperable.
1.17 Turbo-STRAPP APP & TRAINERS PORTAL Users that OPT into the trainers portal by clicking an invitation or signing up are accepting and agreeing to sharing data with others. Turbo-STRAPP does not screen nor check user fitness credentials. Turbo-STRAPP is not responsible for any suggestions that trainers or other fitness professionals suggest, recommend, or provide within the portal or application. The Turbo-STRAPP application and trainers portal is a platform that uses 3rd party devices to aggregate data and visually display that information within our application. All trainers that use our portal have full access to provide content, exercise suggestions, nutritional guidance, and other related material at their discretion. We do not screen, fact check, nor approve any information provided unless reported malicious by another user within our database.
1.18 Turbo-STRAPP WELLNESS PROGRAM and PORTAL USE Users that OPT into the Wellness program or portal by clicking an invitation are accepting and agreeing to sharing data with others. Turbo-STRAPP contracts 3rd party professionals to provide feedback, professional guidance, and support. We do not contract doctors nor suggest that our contractors can provide medical evaluations or health checks. We highly suggest visiting a medical professional if you experience any health related issues. Users agree that all information within the Turbo-STRAPP platform is subjective and should be considered with caution.
1.19 Payments Each online program varies in cost. You will be charged when you subscribe and 28 days after your subscribed date. The charge will be applied to the same account you provide at sign-up. Your standard membership will continue uninterrupted and will automatically renew each month or the then-current fee if the fee changes. You may also cancel renewal of your standard membership at any time prior to the beginning of a new subscription period and you will continue to have access to your account for the remainder of your current term. Please see our Terms of Conditions if you have questions or wish to cancel.